International Student Issues and Law of Higher Education - Research Paper Example

International Issues Related to the Law of Higher Education Introduction The footfall of international attending s for higher education in UK and USA has increased significantly in the past few years. It has been evident that majority of the Chinese students have shown interest towards the Western academic courses. There are several obstacles that students have been experiencing currently with respect to studies in higher education system. International students majorly experience issues related to language, personal barriers, culture, financing the education and working along with continuation of studies. Most of the educational institutes have taken special steps to recruit international students by offering them new trips, more staff support and new academic programs. The above mentioned initiatives and steps in the education sector may improve the attendance of the international students, but these steps may not enhance retention of all the international students in colleges or universities. It has been recognized that international students are basically concerned about the safety and security measures in the campus. Furthermore, the non-immigrant student visa (F-1) status and Federal laws restrict students from applying for financial aid in some countries such as United States of America. The primary focus of this research paper is to highlight the legal issues faced by international students in the contemporary era along with some remedies that can help to mitigate those issues. Analysis There are several legal issues that international students have been facing in the world. Most of the international students experience problems with the understandings of college rules and regulations initially. New students arriving from different countries need to know essential information after they reach their institutions. The English language requirements, on and off campus employment, immigration policies regarding part time and full time coursework, college terminologies such as assignments, grade, credit etc. Several students are even not aware about the pre-requisite coursework and the procedure for transfer of documents. It has been observed the students belonging from the Asian countries and Middle East suffers due to lack of language proficiency. Since Asian universities and colleges assess students based on examinations wherein they are graded on percentage against their submission instead of letter grade or GPA, students face difficulties in understanding their results. Several students encounter with problems associated with visas and other papers that are needed to be addressed swiftly. It has also been observed that most of the international students have been experiencing problems due to non-immigrant student visa status and the laws and regulations of the abroad countries are beyond their knowledge and understanding. For example, the F-1 visa status issued to students, restrict their working rights within campus and for 20 hours a week. Due to the lack of proper knowledge regarding the visa status several international students working in the United States have to become victims of federal laws. The institutions and the colleges are also not enough supportive due to which students have to handle their problems by themselves (Young, 2014). There is lack of proper forum where students could participate and share their opinions regarding their experiences in their day-to-day life. Issues related to academic freedom in classroom, grading, incorrect academic understanding, harassments fall under legal issues that most of the international students experience. It has also been evident that several international students do not feel free in their respective institutions and they lack proper means to complain about their problems (Bishop, 2010). These factors have been affecting the retention of international students widely. Privacy of abroad students has also become a challenging aspect that falls under legal issues. The rules and regulations that protect students are being ignored by some students due to which the management of institutions avoids taking direct actions on such students and they allow legal proceedings to happen in their institutions. International students have been facing problems describing their needs and their problems to their administrators and finally they are being exploited and harassed in foreign countries (Toma & Palm, 1999). For better understanding of the issues faced by international students, some cases have been discussed. Case 1 Rabel v. Illinois Wesleyan University is one of the well-known case examples that signify the college issues under legal circumstances. In this case, a student fell off a cliff after a field trip was arranged by the college for participation of students. The student in Rabel was underage and consumed alcohol in high amount. The court did not penalize the university despite the faculty members failed to recognize the student was drunk. According to the jurisdiction, the student was faulty because he consumed alcohol even being under-aged. There are several instances wherein international students face difficulties in understanding the regulations incorporated in the colleges or in the country. The age bar for consumption of alcohol varies in different countries and academic institutions are not responsible according to the court of law because it is student’s ignorance towards the law and regulations. Although, it is significant that the student in Rebel was at fault in this case and the role of the university in this case was negligible however educational institutes are completely responsible for making their students aware about the laws and regulations that are necessary for them to know. In many cases international students have become victims of similar issues due to lack of proper guidance and interference of educational institutes in the practices of students (Smith, 2014). In this particular case the university was not at fault because the information was circulated in the college but the failure of the faculty member to recognize such instance led the situation to occur. Therefore, it is essential that all students are made aware about the legal proceedings against ignorance of academic laws and regulations. Instructions should be given out properly by instructors in order to mitigate issues that can occur due to lack of understanding. Case 2 The case of Robertson v. State of Louisiana is one of the most essential examples that show that students should be self-aware of their actions while they are in college or outside the campus. In this case a 23-year old student died by falling from a roof after he was drunk. The family claimed that similar accidents had occurred earlier and it was the responsibility of the college to put some barrier in order to avoid students from climbing such dangerous roofs that can become life risk (Kaplin & Lee, 2007). The court gave judgment in favor of the college. In this case the university was not deemed by the Court of law because there were circulars passed that restricted students from getting involved in such action. The university had also provided notice to staff members for stopping students from climbing such fence and roofs because it could be dangerous. It has been observed that some abroad students particularly belonging from the Asian countries face difficulties in understanding instructions and they end up with wrong actions. Instruction regarding academic progression, results, improvements, grades and safety measures are difficult for them to understand easily because there are huge differences in the way English language is spoken in different parts of the world. Therefore, the responsibility of the colleges and the staff members is not just limited to giving the instructions (Kanigel, 2011). The staff members should also be proactive while receiving acknowledgement from every student. The case discussed in this part explains that the management of universities is limited up to certain extent. Students’ should also show interest towards gaining knowledge and questioning faculty members if instructions are unclear to them. The accidental cases discussed in both the cases could have been avoided easily, if appropriate measures would have been taken by the universities as well as the students. Recommendation Understanding of laws and academic requirements, instructions and proper documentations is extremely essential for international students. In order to make international students aware about the rules and regulations Universities need to act as facilitators for students on a broader spectrum. The facilitator model would definitely help students to overcome the legal issues and obstacles in the path towards their academic careers. Institutions should also try to help students making students aware about the academic programs and make them familiar with the terminologies. Student advisors and campus officials should equip students with the tools and information that are essential to make appropriate choice. Institutions should also penalize students who behave inappropriately in order to resist legal cases and establish a proper environment for both local and international students. Apart from universities acting as facilitators, it is the primary responsibility of students to participate in social forums and try to establish good relationship with peers and faculty members. It has been observed that many students also prefer to choose online education after they reach other countries in order to save time and earn at the same time. Students applying for online education must be aware that they might not be able to be in constant touch with their faculty members (Jowitt, 2010). Therefore, they need to be very cautious about their academics and work at the same time. There have been several instances wherein students working in foreign countries for more than the allowed time have been caught and detained by police department. Most of the students stated that they were not aware about the weekly working hours allowed for them and some of them stated that the university or workplace owners did not mention anything about the regulations. International students need to be aware about the type of visas they have been issued and they must work accordingly. It has been observed that majority of the students face problems regarding the F-1 visa that is issued to them for full time education and limited hours of working opportunity in the United States. International students should be aware about the legal procedures initially. They must have the State Identity Card and a Social Security Number and then visit International Students Office of the state in order to get aware about the restrictions of their visas. If they intend to work for extra time they must consult with the same office and based on the requirements they need to get approval for working for extra hours. These procedures are not much lengthy and they can save the international students from facing legal issues in different countries. There are some other issues that students generally face in regards with new subject, new professors and new food. First of all students should meet faculty members and other staffs and learn about the regulations within campus. Secondly, they can make suitable friends and learn in a peaceful environment (Hodge, 2012). Finally, international students should cope with the new subjects and work hard on difficult courses. The food habit would definitely change after staying for a few weeks in the same place. International students should avoid adventures and night out with friends if not required initially because it could save them from experiencing extreme challenges in foreign countries (American Psychological Association, 2009). The modern universities should emphasize on educating students both inside and outside classroom (Bickel & Lake, 1999). This can help student gain practical experience about adversities and complexities of life. With extensive support of university members, faculty members and campus staffs the death rate and abandoning by international students would definitely reduce. Conclusion Based on the above analysis and discussion, it is clear that international students experience several problems related to academics, differences in language, understanding of rules and instructions and other legal issues related to visa and immigration. The two cases discussed above provide the facts due to which most of the international students either leave their courses or lose their life while studying in foreign countries. In both the cases the Court of law has stated the universities to be not guilty. In both the cases the students were at fault and they lost their life because they were drunk and were not in correct mental state to understand the outcomes of their action. Therefore, it is essential for international students to follow the correct protocol and make effort to be aware of the legal consequences learning in foreign universities. Academic learning has become legal issue because several students find difficulty in understanding of the English language properly. This factor has also restricted them from understanding the legal implications. Finally, international students should be in contact with their faculty members and International Students Office and take their opinion before acting in order to stay away from legal issues. References American Psychological Association (2009). Publication manual of the American Psychological Association (6thed.). Washington, DC: American Psychological Association. Bickel, R.D., & Lake, P.F. (1999). The rights and responsibilities of the modern university: Who assumes the risks of college life? Durham, NC: Carolina Academic Press. Bishop, J. (2010). Legal Issues. New York: Springer. Hodge, S. (2012). Ethics, law and Professional Issues. New York: Oxford University Press. Jowitt, A. (2010). Passage of Change. New York: McGraw-Hill. Kanigel, R. (2011). The Student Newspaper. New Jersey: Pearson. Kaplin, W. A. & Lee, B.A. (2007). The law of higher education-student version (4thed.). San Francisco, CA: Jossey-Bass. Smith, J. (2014). Ethical and Legal Issues. Stamford: Cengage Learning. Toma, J. D., & Palm, R.L. (1999).The academic administrator and the law: What every dean and department chair needs to know. ASHE-ERIC Higher Education Report, 26 (5). Washington, DC: The George Washington University. Young, T. (2014).Ethical and Legal Issues for Imagining Professionals. London: Sage. Read More