ERIC Number: ED029603
Record Type: RIE
Publication Date: 1968-Nov
Reference Count: 0
Implications of Recent Court Decisions Involving Rights and Responsibilities on the Campus.
Paulsen, Monrad G.
The US has witnessed an enormous federalization of protective devices in the field of criminal law and an expanded interpretation of the first 8 Bill of Rights provisions in recent years. Since the Supreme Court approaches college cases and criminal law cases in the same manner, it is important to know what is happening to the shape of the law. At state institutions, a student is entitled to know with some specificity what the charge against him is, who is testifying, and what they are saying. He is also entitled to a fair hearing, but whether he should have a lawyer has not been held by the courts. The substance of the rules of criminal procedure are subject to constitutional limitation. For instance, the university may forbid disorderly protests on campus but it may not discharge students for their participation in peaceful protests. The problems on campus are caused by student rebellion. It is suggested that they are rebelling because of the war in Vietnam and social injustices such as the plight of the poor blacks, whites, or Puerto Ricans. These are the same problems that burden life and create tension off campus. Since the law is not clear about the procedures required before a student can be expelled for civil disobedience off campus, administrators should try to protect the university community by dealing with on-campus affairs and letting off-campus authorities handle off-campus student activities. (WM)
Publication Type: N/A
Education Level: N/A
Authoring Institution: American Association of State Colleges and Universities, Washington, DC.
Note: Paper presented at the 8th Annual Meeting of the American Association of State Colleges and Universities, Washington, D.C., November 1968