6-Jul-06 10:00 AM CST
Due Process in Student Discipline Revisited: 1995-2000
Due Process in Student Discipline Revisited: 1995-2000
by Nona L. Wood and Robert A. Wood
February 2001
North Dakota State University
INTRODUCTION
To the student judicial affairs professional, there can be no topic more important than due process. As professionals, we must constantly be aware of the fundamental fairness that is due our students, and scrutinize our policies and procedures to ensure that they accomplish that goal. In addition, judicial affairs personnel often provide consultation to faculty, staff, and administrators concerning their interactions with students; therefore, recognition of the principles of due process, and the correct applications of those tenets, can benefit students, both directly and indirectly.
Preceding this article is a due process primer written by the authors and published in a 1996 issue of The Journal of College and University Student Housing (Vol. 26, No. 1, pp. 11-18). For those readers unfamiliar with due process, we recommend that piece be read first to help set the stage for this effort focusing on the years 1995-2000, as well as on a limited number of cases prior to 1995 that were not discussed in our previous manuscript.
We began our current research by conducting a computer search that would identify all cases reported since 1995 that included three key terms: student, college or university, and due process. As a result, the inquiry identified over six hundred cases. To narrow the outcome, we then asked for all those cases that included these three terms found in a single paragraph. This action trimmed the list to 281 cases. The results demonstrate that many individuals are litigating in an attempt to receive that due process which they believe is owed to them. What follows is a discussion of what we believe to be some of the most important court cases concerning due process in student discipline that have been decided over the past six years. The judicial decisions presented here are not exhaustive, and as always, individuals should consult legal counsel in their local jurisdictions who are experienced in higher education law for advice concerning their own specific sets of circumstances.
John Friedl (2000) has expressed the opinion that general safety concerns, increased worry over racial tensions, and anxiety over high risk behaviors associated with college binge drinking are all reasons why colleges and universities are focusing on student behaviors both on- and off-campus that previously may or may not have been addressed by university judicial officers. In addition, as is known by any practicing student judicial affairs officer, the growth in federal legislation related to campus crime and misconduct has increased markedly since 1990. Today it is not unusual for campus crime to be the topic of newspaper articles, television magazine shows, radio programs, and other forms of media, including the Internet.
For the entire article: http://www.theasca.org/attachments/articles/257/Due Process Revisited.pdf
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For additional information on this White Papers article, please contact:
Nona Wood
(701) 231-7754
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