Universities' Role In Student Welfare: Who Is Responsible?

Universities have a responsibility to ensure that their students can access education free from harassment and discrimination, including sexual harassment. This duty of care extends to both staff and students, and universities are legally obligated to provide an environment that is safe and non-discriminatory. With rights come responsibilities, and as universities occupy a privileged position in society, privy to exclusive knowledge and forums for discussions on values, justice, and ethics, they are held accountable for their actions. The relationship between a university and its students is contractual, with students recognised as consumers under consumer law. This grants students certain rights and freedoms, and universities should provide more information exchange, consultation, and decision-making responsibility to their students.

Universities' legal obligations to students

Universities have a wide range of legal obligations towards their students, which can be broadly categorised into civil, constitutional, contractual, and consumer rights. These rights give students the freedom to exercise their educational investment choices and hold universities accountable for providing a safe and respectful learning environment.

One of the primary legal obligations of universities is to ensure equal opportunities for all students, regardless of their background or protected characteristics. Universities are legally responsible for preventing discrimination, sexual harassment, and victimisation. They must make reasonable adjustments to accommodate students with disabilities and ensure that their premises and services are safe. This includes addressing systemic causes of discrimination and creating a culture that promotes equality and respect.

Universities also have a duty to respect students' rights to free speech, association, due process, autonomy, safety, and privacy. Students have the right to access educational materials, information about their rights and responsibilities, and the ability to participate in institutional decision-making. Additionally, universities are obligated to provide transparency in contracts and advertising, ensuring that students are treated fairly by teachers and administrators.

Furthermore, universities must comply with federal and state laws that govern higher education, such as the Civil Rights Act and the Higher Education Act in the United States. These laws provide additional protections for students and outline the responsibilities of educational institutions.

While universities have a responsibility to their students, it is also important to recognise that students themselves are responsible for their conduct and behaviour. Universities can hold students accountable for their actions, and students may have legal recourse if they feel their rights have been violated.

Overall, universities have a complex set of legal obligations towards their students, which aim to create a safe, respectful, and equitable learning environment while also respecting students' individual rights and freedoms.

Student involvement in university governance

A study by Zuo and Ratsoy (1999) investigated the scope, process, and effects of student participation in university governance, including student government. The research demonstrated that students are capable of effectively managing their own affairs, addressing various student needs, and safeguarding the political interests of the student body. Student involvement was observed at different levels of university academic and administrative decision-making. However, the study also highlighted that student associations, as organised groups, exerted a more substantial influence on university governance than individual students.

The study by Zuo and Ratsoy (1999) further emphasised the indispensable nature of student participation in university governance. However, it also pointed out areas for improvement, such as enhancing students' group decision-making skills and fostering a stronger commitment to the university's mission and long-term interests.

The historical evolution of student governance in US higher education showcases the diverse venues through which students can assume leadership roles and influence institutional decision-making. Private research universities, for instance, have successfully integrated student governance into their institutional leadership. Additionally, student movements advocating for social justice and equality have served as a reminder to university administrations of the pressing need to address these issues.

Building and maintaining collaborative and respectful relationships between administrators, faculty, and students is crucial for the success of student involvement in institutional leadership. This collaborative approach ultimately benefits all parties involved and fosters a sense of shared governance.

To facilitate greater student participation, universities should focus on improving the means by which students are informed about participation opportunities. Additionally, universities should re-evaluate and restructure their participatory processes, giving due consideration to the role of teaching staff and coordinators who are closest to the students.

Universities' responsibilities in academic matters

Universities have a responsibility to ensure that their students can access education without facing harassment and discrimination, including sexual harassment. This responsibility is backed by legal obligations, such as the Equality Act (2010) in the UK, which mandates universities to eliminate discrimination based on 'protected characteristics' such as marriage, civil partnership, and pregnancy. The relationship between universities and students is also contractual, with students recognised as consumers under consumer law.

Universities should also provide for more information exchange with their students and give them decision-making responsibilities in areas that affect their academic lives. This can be facilitated through intensive cooperative study, as well as establishing channels of communication to avoid misunderstandings and address valid complaints.

Additionally, universities occupy a privileged position in society, often providing a forum for discussions on values, justice, and ethics. This raises questions about their social and moral responsibilities, especially in cases where they have knowledge that is unavailable to the wider public. Should universities remain neutral on societal issues, or do they have a duty to address them? These are complex questions that require further exploration and discussion.

The role of universities in ethical and social issues

Universities have a duty to ensure that their students are well-equipped to handle ethical dilemmas and make moral decisions in their future careers. This can be achieved through ethics centres, which provide valuable resources and activities to enhance students' ethical reasoning and analysis. These centres offer lectures, seminars, workshops, and discussions that go beyond traditional classroom teaching.

In addition to their impact on individuals, universities also have a wider social role. University-industry interactions have led to policy changes that emphasise the importance of universities in regional development and innovation. This shift has resulted in more transdisciplinary and applied knowledge production, as well as active engagement with different institutional spheres such as firms, governments, and end-users. Universities are now expected to contribute to societal issues and not remain neutral, especially when they possess pertinent information unavailable to the public.

However, the social responsibilities and ethical obligations of universities are not always clear and require further discussion. The competitive nature of college education and the focus on career preparation over intrinsic educational value present challenges to the ethical role of universities. Additionally, the ethical conduct of faculty members, such as in cases of academic dishonesty or conflicts of interest, can impact the university's standing and influence in society.

Overall, universities play a crucial role in shaping the ethical and social landscape, both at an individual level through student education and at a societal level through knowledge production and innovation.

Student rights and freedoms

In general, most countries have some form of student rights enshrined in their laws, with varying levels of comprehensiveness. For example, Romania in the European Union has extensive student rights legislation, including the right to a quality education, equal treatment, information transparency, and student involvement in institutional decision-making. On the other hand, countries like the United States and Canada lack a cohesive bill of rights, leaving students to rely on court precedents and voluntary disclosures by institutions.

The rights and freedoms of students in higher education can be broadly categorised into civil, constitutional, contractual, and consumer rights. These rights allow students to make the most of their educational investment and include:

• Freedom of speech and association
• Due process
• Equality
• Autonomy
• Safety
• Privacy
• Accountability in contracts and advertising

Within the context of universities, students should be encouraged to develop critical thinking skills and engage in independent searches for truth. This freedom to learn is closely tied to the freedom to teach, and universities have a duty to develop policies safeguarding this freedom.

Additionally, students have the right to protection against improper academic evaluation and disclosure. Information about a student's views, beliefs, and political associations acquired by professors should be treated as confidential. Academic and disciplinary records should be separate, and access to such records should be restricted to authorised individuals.

Students also have the freedom of association, allowing them to organise and join associations that align with their interests. They are free to invite and hear any person of their choosing, as long as it does not disrupt the regular operations of the institution.

In terms of student publications, editorial freedom is essential, but it should be governed by responsible journalism practices. Editors should be protected from arbitrary removal due to editorial content, and student publications should include a disclaimer stating that opinions expressed are not necessarily those of the institution.

Furthermore, students have the right to exercise their rights as citizens, both on and off-campus, without institutional powers inhibiting their intellectual and personal development. When student activities result in legal violations, universities should provide access to legal counsel and ensure that institutional authority does not duplicate the function of general laws.

In disciplinary proceedings, universities must guarantee procedural fairness, including informing students of the charges against them, providing an opportunity to refute those charges, and allowing for appeals.

While this provides an overview of student rights and freedoms, it is worth noting that the specific rights and their implementation may vary across different countries and institutions.

Frequently asked questions