ERIC Number: ED044092
Record Type: RIE
Publication Date: 1970
Reference Count: N/A
The Legal Aspects of Student Dissent and Discipline in Higher Education.
Young, D. Parker
This monograph is an update, revision, and extension of an earlier publication entitled: The Legal Aspects of Student Discipline in Higher Education (see ED 036 246). This report includes the new rulings that have been handed down since the publication of the earlier version, and some additional sections. Discussed in this report are: (1) the relationship between students and the school, including such issues as the contractual theory, in loco parentis, attendance as a right or privilege, and student responsibilities; (2) the relationship between the courts and education; jurisdiction and state action; (3) factors relating to due process in student dissent and discipline, such as notice, hearing, confrontation and cross-examination of witnesses, right to counsel, self-incrimination, rules of evidence, trial by jury, off-campus judicial proceedings, freedom of speech and assembly, speaker bans, search and seizure, and interim suspension; and (4) such questions as equal protection in student dissent and discipline, judicial intervention in scholastic affairs, and the special situation in private institutions. Guidelines for disciplinary proceedings and some recommendations conclude the report. (AF)
Descriptors: Activism, Civil Liberties, Court Litigation, Discipline, Discipline Policy, Higher Education, Student Behavior, Student College Relationship
Institute of Higher Education, University of Georgia, Athens, Georgia
Publication Type: N/A
Education Level: N/A
Authoring Institution: Georgia Univ., Athens. Inst. of Higher Education.