ERIC Number: ED264805
Record Type: Non-Journal
Publication Date: 1986-Jan
Reference Count: N/A
Procedural Due Process in Private Colleges and Universities.
Habecker, Eugene B.
The applicability of Fourteenth Amendment procedural due process to private colleges and universities is discussed. After considering state action in private higher education, cases from 11 federal judicial circuits are reviewed to show how courts have applied the various theories of state action. An emerging theory of state action that is developing in the Second and District of Columbia Circuits is also addressed. The federal cases show the general lack of success by complainants at private institutions who claimed protection under both Fifth and Fourteenth Amendment procedural due process provisions. The emerging theory suggests that the relative ease or difficulty of finding state action is contingent to some extent on whether or not racial or sexual discrimination is part of the complaint. At least three approaches have been used to show the existence of state action at private institutions: the delegated power approach, the governmental aid or assistance approach, and the public character or functional approach. Based on a brief review of recent higher education legal literature, it is suggested that absent state action, procedural due process is not judicially mandated at private institutions. Relevant cases for each federal circuit and selected state action cases at private institutions are listed. (SW)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Fourteenth Amendment