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ERIC Number: ED059680
Record Type: RIE
Publication Date: 1968
Pages: 18
Abstractor: N/A
Reference Count: 0
Double Jeopardy and University Students in Wisconsin.
Witmer, David R.
This document addresses the question of students being put into a position of double jeopardy--if they commit a civil offense, they are subject not only to trial by the public courts but are also subject to punishment by their educational institution. As a general rule, colleges and universities should not prosecute students for acts subject to prosecution in courts, except where the student's acts are clearly threatening to the institution's existence, or inimical to its educational functions, processes, and objectives. Where necessary, colleges and universities can apply sanctions against students who have been charged or convicted in the courts for the same acts, without violating the state or federal constitutions. However, discipline should not be carried out capriciously in violation of the due process requirements of the 14th Amendment of the U.S. Constitution. University discipline that automatically follows civil court decisions is unreasonable and unjust. Automatic discipline violates the double-jeopardy concept held by the "man on the street," a concept which may be eventually embraced by the courts. (Author/HS)
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: Wisconsin Board of Regents of State Colleges, Madison.