What higher education law says about spirituality

Abstract

An increasingly litigious environment, combined with a renewed interest in spirituality, makes it imperative for higher education officials to be cognizant of the legal implication of two competing fundamental rights.

Race, Religion, and Spirituality for Asian American Students

“…Since the passage of the 1964 Civil Rights Act, a person's spiritual/religious practice falls into a protected class from discrimination. Although colleges and universities are held between two seemingly conflictual legal obligations—to avoid unconstitutionally favoring religion and to respect students’ freedom of religious expression—responding to bias incidents and institutionalizing inclusion with respect to spirituality/religion are requisite to fostering equity for students of diverse faith backgrounds and beliefs (Lowery, ). There are legal examples pertaining to student expression of spirituality/religion.…”

Ethical Considerations of Teaching Spirituality in the Academy

“…Although many explanations can be found in the literature, 11,[16][17][18] this author asserts that the following three factors lead to most of the mistrust by the academy and resistance towards including spirituality into higher education curricula:…”

“…Dissenting faculty members were mindful of students' right to the free exercise of their religious beliefs or their rejection. 17 Discussion of the distinction between spirituality and religion and how this was addressed in the class helped to alleviate these concerns. The fact that this was an elective course was also consistent with this freedom of choice.…”

“…Teachers have a great deal of influence over students, and harm, even if unintentional, can occur. 11,17 It is therefore important to be trustworthy in the classroom and within the academy.…”

A Sense of Home: The Impact of Church Participation on African American College Students

“…While public institutions face constitutional limitations related to addressing the religious needs of their students, these colleges and universities do not suffer a legal obligation to wholly neglect the spiritual and religious needs of their students (Clark, 2001;Lowery, 2005). Rather, institutions should work with churches to help ensure that all interested students have access to the academic gains, coping skills development, and support systems that religious and spiritual organizations have the ability to provide.…”