ERIC Number: ED026009
Record Type: RIE
Publication Date: 1968
Reference Count: 0
The Student as University Resident.
Van Alstyne, William W.
Denver Law Journal, v45 n4 p582-613 1968
The distinction between the student as campus resident (if the residential relationship is viewed as one of contract) and the student as private citizen appears to be fair to both university and student. But, whether the university is considered primarily an academic institution or an instrument of government, the off campus/on campus distinction is unsound and property or contract analogies insecure as matters of law. Because the property-holder (university) is placed in a position of power through public largess, its authority is hedged by constitutional restraints. Thus a student does not give up his rights as a citizen when he enters college. Norms of constitutional law have been increasingly applied to the PROCEDURE of college discipline. Students are entitled at least to the procedural safeguards of due process though these requisites are substantially less than standards recommended by professional educational associations. The ultimate legality of a college rule cannot be measured by the geography within which it operates. There should be a serious re-evaluation of those college rules which overlap local, state and federal laws to the end of leaving the policing of municipal concerns to municipal authorities. Academic sanctions should be reserved for academic, not social, offenses. Regarding campus disorders, the university should take the important steps of: attending to longstanding problems, improving communication, sharing responsibility, encouraging faculty participation, reformulating rules of conduct, and reviewing the crisis and the institution's situation. An appendix of documents on student rights is included. (JS)
Descriptors: Activism, Administration, Discipline Policy, Higher Education, Laws, Legal Responsibility, Student College Relationship, Students
University of Denver College of Law, 200 West 14th Ave., Denver, Colo. 80204 ($2.50)
Publication Type: N/A
Education Level: N/A
Sponsor: American Council on Education, Washington, DC.; Danforth Foundation, St. Louis, MO.
Authoring Institution: Denver Univ., CO. Coll. of Law.
Identifiers: Joint Statement on Rights and Freedoms of Students
Note: Paper presented at conference on "Legal Aspects of Student-Institutional Relationships," University of Denver College of Law, Denver, 1968.