ERIC Number: ED041189
Record Type: RIE
Publication Date: 1970-Jul
Reference Count: 0
Due Process in the Student-Institutional Relationship.
Fischer, Thomas C.
Students are making increasingly strong efforts to exercise what they consider to be their rights, and it is becoming ever more crucial to define what these rights are and what the concept of "due process" means. This report explains the meaning of procedural due process: the concept of "dueness" and the student's "right" to due process. In addition it discusses: (1) the legal relationship between the student and the institution: the contract theory, the concept of in loco parentis, the fiduciary theory, and the constitutional theory; (2) the present state of disciplinary procedures within the academy and elements of fair and just dealing in student discipline cases which should meet the "due process" requirement; (3) methods for initiating an adjudicatory system and procedures which will assure that these requirements are met; (4) some minor issues which surround the main topic, such as violation of a criminal or civil law, double jeopardy, self incrimination, right to a private or public hearing and severance, search and seizure, warrants, and record keeping; and (5) a rationale for the positions taken. A sample statement concerning student "due process" and an annotated bibliography conclude the report. (AF)
Descriptors: Civil Liberties, College Students, Court Litigation, Discipline, Discipline Policy, Due Process, Higher Education, Institutional Role, Legal Responsibility, Student College Relationship
American Association of State Colleges and Universities, Suite 700, 1 Dupont Circle, Washington, D.C. 20036 ($2.50)
Publication Type: N/A
Education Level: N/A
Authoring Institution: George Washington Univ., Washington, DC. ERIC Clearinghouse on Higher Education.; American Association of State Colleges and Universities, Washington, DC.