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ERIC Number: ED025805
Record Type: RIE
Publication Date: 1968
Pages: 19
Abstractor: N/A
Reference Count: 0
General Order on Judicial Standards of Procedure and Substance in Review of Student Discipline in Tax Supported Institutions of Higher Education.
District Court, Kansas City, MO. Western District of Missouri.
Judicial standards of procedure and substance are presented to encourage consistency in the United States District Court for the Western District of Missouri, in cases of student discipline in tax supported institutions of higher learning. The relationship between education and the courts is discussed, concluding that only where erroneous and unwise actions in the field of education deprive students of federally protected rights or privileges does a federal court have power to intervene in the educational process. The 16 lawful missions of tax supported higher education are summarized. The obligations of the student are discussed with respect to these missions, concluding that no student may, without liability to lawful discipline, intentionally act to impair or prevent the accomplishment of any lawful mission, process, or function of an educational institution. Student discipline is considered a part of the teaching process, and not comparable to criminal law processes. The procedural and jurisdictional standards stated apply to (1) jurisdiction, (2) nature of action, (3) the question of exhaustion of remedies, (4) right to jury trial, (5) trial of equitable actions, and (6) the question of mootness. Provisional substantive standards in student discipline cases under Section 1938, Title 42, are discussed. (BP)
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: District Court, Kansas City, MO. Western District of Missouri.