ERIC Number: ED026011
Record Type: RIE
Publication Date: 1968
Reference Count: 0
Who Are Members of the University Community?
Lunsford, Terry F.
Denver Law Journal, v45 n4 p545-57 1968
The relationship between the ideal of a university and its reality in the experience of its members has become a major issue of controversy. The courts, however, rarely discuss the university in terms of a community. Most cases concerning student-institutional relationships that reach court are decided ad hoc, for the law leaves student rights and obligations largely to the institution. One of many diverse classes of membership within the university, students are generally thought to have a contractual relationship with their university, although a status relationship has been suggested. Membership is relevant to such questions as who may be expelled and who may be excluded from using university facilities, but no simple rules exist. The Mulford Act, a criminal trespass statute enacted in 1965, raises a number of practical as well as constitutional questions. Much campus mistrust springs from the expectation that university administrators, when in doubt, will err on the side of established organizations against the interests of minorities pressing for change. Solutions are difficult because most recent campus disorder involves issues of fundamental importance. A legal order necessitates a social order based on mutual trust; when the latter is lacking, legal restraints are sought. In the turbulence caused by a change in the balance of campus power, students are pressing for a delineation of status rights to accompany their obligations for social conformity. (JS)
Descriptors: Activism, Administration, Higher Education, Laws, Legal Responsibility, Social Change, Student Behavior, Student College Relationship, Student Role
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: Mulford Act
Note: Paper presented at conference on "Legal Aspects of Student-Institutional Relationships," University of Denver College of Law, Denver, 1968.