| Allied health administrators and educators in schools of allied health have been concerned about the threat of student litigation related to student admission and dismissal for many years. As can be seen from the analysis of case law in this dissertation the threat of litigation is increasing. There is also evidence that students' rights are upheld in courts of law. Allied health educators must be aware of the legal ramifications of Federal, State and Supreme Court interpretation of case law upon their programs.;The case law presented in this dissertation was recent with twenty-six of the thirty-four cases occurring in the 1990's. The earlier cases were considered landmark cases upon which current interpretation of case law is based. All the cases have impact upon student admission and student dismissal in allied health programs. Constitutional and federal statutory law provided the framework for the analysis of the case law. In addition, under each of the two main sections, the researcher looked at specific legal issues to further delineate how educators can develop and implement policies that withstand legal challenge.;In the student admission section, the researcher looked at three major issues, which included Title IX, Affirmative Action and the Americans with Disabilities Act (ADA). Fifteen cases were analyzed and implications for allied health educators were provided. In addition, recommendations for student admission policies and procedures were included.;In the student dismissal section, the researcher looked at dismissal from three aspects, which included student dismissal for academic reasons, clinical reasons and professional issues. Nineteen cases were analyzed and implications, for allied health educators were provided. In addition, recommendations for student dismissal policies and procedures were included.;The overwhelming conclusion of this dissertation is that student admission and dismissal policies and procedures implemented by allied health programs must be legally defensible. Legally defensible policies prevent schools and students from becoming involved in lengthy and expensive litigation. These policies and procedures must be fair to both the school and the student and be administered in a consistent manner. The analysis in this dissertation provides a framework of knowledge for allied health educators to use in student admission and student dismissal policy development and implementation. In addition, areas for further in-depth research are provided including the impact of the ADA and student unprofessional or illegal conduct on allied health programs. |
