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- Newsgroups: alt.comp.acad-freedom.talk
- Path: sparky!uunet!psinntp!newstand.syr.edu!greeny
- From: greeny@top.cis.syr.edu (J. S. Greenfield)
- Subject: Re: [eff.mail.sganet] Re: Due process at U. of Illinois
- Message-ID: <1992Dec12.131506.21188@newstand.syr.edu>
- Organization: Syracuse University, CIS Dept.
- References: <1992Dec11.010509.7337@eff.org>
- Date: Sat, 12 Dec 92 13:15:06 EST
- Lines: 43
-
- EGBARRA@befac.indstate.edu (Will Barratt) writes:
- >
- >As an interesting reference, look at Esteban v. Central Missouri
- >State College, 277 F. Supp. 649 (W.D. Mo. 1967) which lists the basic
- >process due a student at a public institution. Note that students at
- >private colleges are not guaranteed any due process since action
- >between them and their private school does not involve the
- >government, the constitution is not in force.
-
- This is incorrect. While constitutional rights to due process do not
- apply at private colleges, *contractual* rights *do* apply.
-
- By this, I do not just mean due process rights written into university
- regulations. (For example, Syracuse University, where I attend, explicitly
- establishes due process rights for students in its Statement of Student
- Rights and Responsibilities.)
-
- Students *do* have due process rights, even at private institutions that do
- not explicitly grant such rights in their regulations. (Though, these
- rights may not be as strong as those at public institutions.)
-
- Quite simply, enrolling at an academic institution, whether public or private,
- represents the establishment of an enrollment contract. The presence of
- a contract prevents the institution from imposing disciplinary sanctions
- without a minimal level of due process.
-
- I don't have the materials in front of me, but I recommend checking
-
- W. Valente, Education Law: Public and Private, West Publishing Co. (1985)
-
- and
-
- P. Hollander et al, A Practical Guide to Legal Issues Affecting College
- Teachers, College Administration Publications, Inc. (1985)
-
- as likely sources for additional information.
-
-
- --
- J. S. Greenfield greeny@top.cis.syr.edu
- (I like to put 'greeny' here,
- but my d*mn system wants a
- *real* name!) "What's the difference between an orange?"
-