Currently, institutions of higher education everywhere use discipline systems as major components in managing their academic environments. Many of these discipline systems are very legalistic - featuring law-like rules, procedures and sanctions. Their scope and functioning seems to increase with each passing day. Higher education today has some of the most complex and fair systems in all of higher education history. And, for all intents and purposes, a parallel justice system. Paradoxically, however, colleges and students often face high attrition rates, elongated times to graduation, intransigent high-risk alcohol and drug usage rates, persistent issues of sexual misconduct and hazing, disrespect and diffidence in the classroom, massively complex wellness issues, pre-meditated mass violence, academic concerns about learning outcomes and assessments etc. Moreover, colleges now face greater issues of liability with respect to core mission, and challenging meta-litigation regarding discipline processes. How did higher education reach a place where procedural fairness is all but guaranteed, but a reasonable chance at academic success in a safe, well ordered community is not? Why has higher education pursued a path of legalisms? Does the law require or encourage this? How is it possible to move beyond discipline and legalistic process? What could take the place of discipline, and at what cost?
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