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3-1969 The aC veat, March 1969

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Recommended Citation "The aC veat, March 1969" (1969). Caveat. Paper 19. http://digitalcommons.law.ggu.edu/caveat/19

This Newsletter or Magazine is brought to you for free and open access by the Other Law School Publications at GGU Law Digital Commons. It has been accepted for inclusion in Caveat by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. GOLDEN GATE COLLEGE SCHOOL OF LAW • VOLUME 4, NO.5 MARCH 1969 Student Discipline and Rights in a University The issues of how students, profes­ normal safeguards. It is shocking that the ago appears to be part of the woof and sors, and administrators will respond to officials of a state educational institution, warp of the law today. The Hammond the turmoil racking our universities is a which can function only if our freedoms case is just one example of recent deci­ question uppermost in the minds of peo­ are preserved, should not understand the sions safeguarding due process and the ple inside as well as outside the academic elementary principles of fair play. It is exercise of constitutional rights for stu­ environment. equally shocking to find that a court sup­ dents in public schools. There are many areas of contro­ ports them in denying to a student the The rights of students in a private versy among the various parties in the protection given to a pickpocket." (Sea­ institution present another question. In a university. One area of importance, the vey, DISMISSAL OF STUDENTS: Due document written by students and fac­ subject of contending tides of opinion, is Process, 70 Harv. L. Rev. 1406 (1957). ulty participants in a seminar at New the legal rights of students on the univer­ The words written by Seavey were York University School of Law entitled sity campus. echoed by many others, especially stu­ STUDENT CONDUCT AND DISCI­ In the past, trustees, administrators dents who stood to gain most by achiev­ PLINE PROCEEDINGS IN A UNIVER­ and courts have opined that students en­ ing long overdue rights of fundamental SITY SETTING (August 1967, pp 5-6) it tered the university with the understand­ fairness. Students began to challenge the is said that "It may also be doubtful ing that the institution was to act almost arbitrary authority of college officials in whether the public-private distinction will as if it were a substitute for their natural the arena of the courts. In the case of long shelter dismissals even in private uni­ parents. A part of this "in loco parentis" DIXON v. ALABAMA STATE BOARD versities without notice of charges and concept embodied the idea that discipline OF EDUCATION 294 F2d 150 (1961), without hearing simply because a state­ proceedings were part of the learning the court upheld the rights of student .ment in the university bulletin (or even process. Along with this benevolent des- demonstrators who were expelled with­ on a signed registration form) says so. It _pot theory was the idea that education out a hearing or detailing of the charges is entirely possible that private univer­ was a privilege, not a right, as the student against them. The most significant con­ sities all of which to some extent share in often entered into a contract at time of cept espoused by the court appears in the the federal and state largess, will, at least registration. An example of this thinking following language: "The precise nature for this purpose, be treated as though was well expressed in the case of AN­ of the private interest involved in this public and thus required to satisfy mini­ THONY v. SYRACUSE UNIVERSITY case is the RIGHT to remain at a public mum standards of fairness in dismissal (224 App. Div. 487, 231 N.Y. SUpp. 435 institution of higher learning . .. It re­ proceedings. " (1928). "Attendance at the university is a quires no argument to demonstrate that At least one recent court decision privilege, not a right. In order to safe­ education is vital and, indeed, basic to disagreed with the prior assessment of guard those ideals of scholarship and that civilized society. Without sufficient edu­ student rights in a private college. in the moral atmosphere which are the very pur­ cation the plaintiffs would not be able to case of JeROYD GREENE ET ALL and pose of its founding and maintenance, the earn an adequate livelihood, to enjoy life NATHAN HARE v. HOWARD UNIVER­ university reserves the right to require the to the fullest, or to fulfill as completely SITY (271 F .Supp. 609, 614 (I967), the' withdrawal of any student at any time for as possible the duties and responsibilities court upheld the ex parte expUlsion of any reason deemed sufficient to it, and of good citizens." (Ibid at 157). the plaintiffs. The court said in essence no reason for requiring such withdrawal In a recent case, HAMMOND v. that since this was a private school, "The need be given." SOUTH CAROLINA STATE COLLEGE conclusion necessarily follows that the The point of view expressed in the (272 F. SUpp. 947, 949 (1967), the court student plaintiffs had no constitutional, Anthony case and others has been seri­ unambiguously stated that not only is statutory, or contractual right to a notice ously eroded in recent years. Professor due process required for expulsion but of charges and a hearing before they Warren Seavey, in criticizing the failure to students may exercise First Amendment could be expelled ... It was entirely extend constitutional guarantees to the rights as other citizens. There can be rea­ within the discretion of the University college campus, wrote as early as 1957, sonable regulations promulgated by the authorities to grant or withhold a hear­ _"At this time when many are worried school as long as they do not constitute a ing." about dismissal from public service, when prior restraint on the exercise of First Despite the decision in the Howard only because of the overriding need to Amendment guarantees. As expressed by case, which relied on doctrines discredit­ protect the public safety in the identity the court, "colleges like all other institu­ ed in cases dealing with public institu­ of informers kept secret, when we proud- tions, are subject to the Constitution. tions (i.e., prior contractual notice), other e ly contr~st the f~ll hearing~ before our Academic progress and academic freedom recent decisions striking down barriers of . courts WIth those III the bemghted coun­ demand their share of Constitutional pro­ racial discrimination in private schools tries which have no due process protec­ tection." augur well for the future. (Cf. Dorsen, tion ... our sense of justice should be As far as public institutions are con­ "Racial Discrimination in Private outraged by denial to students of the cerned the judiCial trend of a few years Schools," 9 William and Mary L. Rev. 39 continued on back page OUT OF THE RUT by Jonathan J.{utledge The Law Students Civil Rights Re­ search Counsel Chapter at Golden Gate has been actively involved in aiding the SBA NEWS Neighborhood Legal Assistance Founda­ tion in some of its current cases. Working • A meeting of the Board of Gover­ with Michael Sorgen, attorney for the nors of the Student Bar Association was "Foundation," LSCRRC has held weekly held on February 19, 1969 at 536 Mis­ meetings during which time Mr. Sorgen sion St. has given volunteering students various The first order of business was a aspects of his most interesting cases to resolution submitted by President Loof­ research for him. He has then later met bourrow calling for more expeditious with these individuals to discuss their LETTERS TO THE EDITOR means of informing the students of their memos in detail. final and midterm grades. Specifically, Several of the cases recently re­ I would be remiss if I did not thank the resolution stated that a policy should searched and discussed involved the con­ you for your considered reply to my let­ be adopted of posting midterm and final stitutionality of various Welfare & Institu­ ter on the LEAP Program as published in grades as soon as they are received by the tion Code Sections which deal with the the February issue of the "Caveat." Law School administration from the fac­ arrest and detention of juveniles. Other Furthermore, I want to tell you ulty members. The Board voted to adopt cases involved constitutional and eviden­ that I found most interesting the article the resolution. ciary problems arising out of the crisis at entitled "Curriculum Reform" and I Treasurer Roger Levy made a re­ San Francisco State College. think Mr. Gorelick should be commended port concerning his attendance, along Sadly, however, the turnout of law on this most interesting presentation. with Mr. Smith, at the meeting of the students to do this interesting work has The work you gentlemen are doing Financial Aid Committee of Golden Gate been far below what was hoped for by on this publication so far is most impres­ College. He stated that the committee the lawyers who have volunteered their sive as far as I am concerned and I wish voted to provide $1000 per year for fu­ time to help us. Unless there is a mass you continued success. ture law students in the LEAP program to influx of new help this program will prob­ Sincerely yours, begin next year. It was noted that $1000 ably be forced to terminate. CHARLES J. HUNT, JR. would not quite fully provide for all of This lack of enthusiasm by the stu­ dent body toward contributing their cre­ the student's costs, particularly for Dear Editor: ative energy to a project of this sort; or a e books. Without stating a specific amount, In light of the fact that Miss Sher­ the board voted to defray school ex­ project of their own choosing, is what burne's Community Property course has penses over the $1000. makes it very arduous to organize any now concluded it is essential that the Law President Loofbourrow read a fac­ activity within the law school. Recently a School Student Body learn of the manner ulty report on a minority student pro­ sign-up sheet was posted for 2nd and 3rd in which that course was conducted last gram presently in the development stage. year students to serve as advisors for semester. This letter is written to corre­ The program is designed specifically to moot court. Only 13 people signed up. spond with the much-talked-about polem­ give non-white minorities, who would not An attempt has been made to form a ics of curriculum, instructor and grade normally be able to do so, an opportunity national moot court team. Only two peo­ reform in the hope that it will shed some to attend law school. Mr. Golden, spokes­ ple signed up. light on the subject and help bring about man for the report, asked only that the With a little interest and a little meaningful change. Inter alia: SBA support the provisions of the report action by all students, this law school 1) The first class meeting was held Wed., calling for students in their final year to could offer some very meaningful pro­ Sept. 10th, for approximately fifteen help these minority students on a one-to­ grams to its students. But if the students (15) minutes at which time the instructor one basis. The Board voted to support would rather play bridge than work on assigned pages 1-42 in Verrall and Sam­ this provision. moot court it is a very poor indication of mis, CALIFORNIA COMMUNITY PROP­ The Law School convocation was student attitudes. The battle cry, "I'm ERTY and six (6) outside cases to be discussed. Committee members, Russ too busy," should be traded in for the briefed from the National Reporter Sys­ Pitto and Ron Bass are to report at a later slogan "What can I do to help this law tem. This totaled eighteen (18) cases to date on the location. The pros and cons school help me." Until the time the do­ be prepared for the following week. After of haVing convocation before or after the nothing critics of the do-something stu­ a few personal exchanges -the class was college graduation were also discussed. It dents can chain their energies to construc­ dismissed. The point is that this lengthy was generally felt that the night before tive actions I recommend they live by the assignment could have been posted on th;e would be better but a firm decision was adage that "people who live in glass student bulletin board in advance of the postponed until a later date. houses shouldn't throw stones." commencement of the semester so that the first class meeting would not have make it clear at this time that the law been lost time. RETRACTION school Convocation to which this 2) The following Wednesday, Septembere retraction refers, scheduled for June 6 In the Feb. 1969 issue of the 17th, the instructor arrived fifteen min- Caveat it was reported that a "sep­ at 8:00 p.m. at the Hilton Hotel is in arate graduation for law students had addition to the traditional graduation utes late which the students soon learned been approved by the Board of Trus­ and not a substitute therefor. Please to expect. At 8:45 a.m. the class com­ tees. " The editors would like to read article on Convocation. menced after the usual personal abuses continued on poge 5 CALIFORNIA CONFERENCE OF affecting their lives. Discussion proved work of this organization into the LAW SCHOOLS AND AMERICAN lively on this subject and Mr. Gruber an­ A.B.A./L.S.D., but opposition from the BAR ASSOCIATION-LAW SCHOOL swered questions concerning establish­ non-A.B.A. schools and those involved ment of similar programs in other areas. with the work of the organization block­ DIVISION. The closing hours of the afternoon ed this proposal. The ballot was very _ The 9th Circuit of the Law Student session brought a report from the chair­ close with Golden Gate splitting its vote. Division of the A.B.A. held its annual man of the Conference of California Law Richard Williams, past chairman of the meeting March 1 & 2, on the Campus of Schools on the progress of his organiza­ C.C.L.S. was then unanimously (Golden the University of Southern California. As tion's work on a proposed statute that Gate of course in accord) re-elected, is the custom, the California Conference would allow law students to represent mainly on his fine work record regarding of Law Schools (which includes both certain individuals in actual courtroom the student practice statute and a desire A.B.A. and non-A.B.A. schools) held its proceedings. He reported that while the to continue to exercise his best efforts to annual meeting in conjunction with the work they've done has brought them a obtain its ultimate passage. 9th Circuits. long way and won over some influential To round out the March 2 session, The conference got under way with people in the State Bar, much work was Past 9th Circuit Vice-President and Gold­ a luncheon address by Prof. Gary Bellows still in store for the coming year to en Gate graduate, Ted Long, was awarded of the U.S.C. Law Faculty. The topic of achieve the ultimate goal of legislative a gavel for his contribution to A.B.A./ his speech was the Relevance of Law enactment of the proposed statute. L.S.D. 9th Circuit activity by the present School Education to Social Reality. Prof. The morning session of the second Vice President, John Long, his brother. Bellows, an eloquent speaker, made his day was highlighted by nominations and Golden Gate College School of Law point with illustrations posting such ques­ elections of the new chairman of C.C.L.S. should prove to benefit from its past tions as: How can an attorney try an and Vice President of the 9th Circuit year's activity and favorable nominating anti-trust case without some background A.B.A./L.S.D. speech at the conference. Miss Tanzman in economics or the distribution of Nomination procedure is much the has indicated a chairmanship of a national wealth in our society. same as that of a national political con­ committee will be in the offing for the In the afternoon of the first day, vention - each school being called in coming year and this should add to a the conference broke into two workshop alphabetical order to make a nomination growing prestige Golden Gate seems to groups. The topics for these workshops if it so desires. enjoy in A.B.A./L.S.D. circles. were Law Schools' Involvement in Urban Sue Tanzman, of Loyola Univer­ An interesting closing note is Action and Pre-Law School Education. sity, requested the Golden Gate delega­ provided by a look at the voting record of Joseph Gruber, a Golden Gate representa­ tion to put her name in nomination. Miss the conference. Since we led off the role tive, made a significant contribution as Tanzman, having been quite active in call and voted with winning side on every .A one of the leaders of the discussion. Mr. A.B.A./L.S.D. activities the past year, and issue, it may now be said, "As Golden WI' Gruber has done considerable work in the quite attractive, was quickly obliged. The Gate went, so went the Conference." establishment of a program in San Fran­ final tally proved Golden Gate's support cisco whereby high school age students in the right direction, as Miss Tanzman will be instructed by law students regard­ won quite handily. A motion was made ing those areas of the law most directly to dissolve the C.C.L.S. and merge the

LAW SCHOOL CONVOCATION The Degrees of Doctor of Juris­ Each law student will be provided As previously announced, the prudence will be conferred and di­ with approximately 6 to 8 tickets for law school will have a Convocation plomas distributed to the law students family and guests. Formal invitations on June 6th, 8:00 p.m. at the Hilton on Thursday evening. will also be provided. Hotel. It is to be noted that this Con­ The Friday evening Convocation For further information, all grad­ vocation is not a substitute for grad­ will consist of the following tentative uating law students are asked to uation but a ceremony in addition schedule: attend meetings with their respective thereto. As such it is expected that 1. Processional classes regarding these ceremonies. all graduating law students shall 2. National Anthem Your participation will insure the make a good faith effort to attend the 3. Religious Invocation success of this new venture. Thursday night's ceremony. The suc­ 4. Welcome Speech* cess of the Convocation is contingent 5. Greetings * _upon assurance that 60% of the grad­ 6. Commencement Address * uating law students will attend Thurs­ 7. Presentation of Awards day evening commencement exercises. 8. Benediction An attendance questionnaire will be 9. Processional distributed to all law students to *Speakers soon to be announced apprise the Convocation Committee Following the Convocation, a and the Administration of the number reception will take place at the Hilton of students who plan to attend the Hotel. Coffee, cookies, punch and respective ceremonies. liquor will be served. GROUP LEGAL SERVICES: THE of the proposals, and one, the representa­ PROSPECT OF JURICARE tives of the New York State Bar, stated that their views were their own and not Although now generally accepted as necessarily those of the bar. The chair­ GOLDEN GATE common practice, group medical care was man of the ABA committee reported that COLLEGE successfully opposed for many years by a of the thirty written statements he had large segment of the medical profession, received from groups and individuals, principally represented by the AMA, The 80% were opposed to the committee's justification for such resistance was based recommendations. The Illinois State Bar law~!~~ largely upon the professed belief that pro­ Association presented a position paper at fessional standards would be jeopardized the Chicago meeting expressing the ma­ and thus by some subtle working of jority sentiment that advocates of group Gresham's Law, which presumably local legal services have not demonstrated a medical boards could not prevent, the real need for such programs and, specifi­ entire profession would become tained. cally, that if such groups were permitted These fears have since proved groundless to organize "the days of the private prac­ and it is perhaps the benefit of this hind­ titioner ... will be numbered. No greater sight, coupled with a growing public de­ threat has yet been proposed to the inde­ mand, that has induced various repre­ pendence and integrity of the bar." sentative bodies within the legal profes­ Everywhere implicit but nowhere sion to propose somewhat similarly fi­ articulated is the fear of financial loss. nanced legal services. One might ask if a similar extinction of The Board of Governors of the the private practitioner and decline of State Bar of California has proposed eas­ independence and integrity has occurred ing the present restrictions against group within the medical profession as a result practice by revising the Rules of Profes­ of prepaid group medical care. And to sional Conduct which in their final form articulate those unspoken fears, one would be subject to approval by the might wonder if such plans, medical or Supreme Court. In essence, the change legal, mean merely that such services would allow a bar member to participate thereby become available to those that "in a plan for the provision of legal ser­ previously did without. vices to the individual members of a Gary T. Drummond SERVING THE THIRD GENERATION OF AMERICA'S fiNEST STUDENTS group or organization" while limiting THE BOOKSTORE, liold('n (.ate (ollegf', "such legal services to matters related to Sail .. ranUM H, (aliturnut the common principal purposes for which such group or organization was formed ..." (Proposed Rule 20.) As implied by the foregoing excerpts, the State Bar de­ fines the permissible groups as those which are formed for some purpose other than the furnishing of legal services and "wherein the furnishing of legal services is merely incidental to the accomplishment of such purposes." The American Bar Association has proposed a pilot project in prepaid legal insurance to test the feasibility of such a plan. The Clackamas County Bar Associ­ ation (55 members) in Oregon has agreed to participate by providing legal services to the 1,100 members of two local unions. Although the specific legal ser­ vices to be provided are yet to be deter­ mined, the ABA has agreed to assist with a grant of $10,000 and the program is to be administered as a trust by representa­ tives of the bar and the two unions which have tentatively agreed to contribute to­ ward the insurance premiums. However, it is evident that consider­ able opposition to such group practice \ "WEAR IT MAN --- IT'S YOUR exists within the profession. At hearings ONLY CHANCE" conducted before the ABA in Chicago ~~:' late last year, only two of the twelve organizations represented spoke in favor r LETTERS, continued from page 2 ~(' mingled with personal exchanges and the !fr '\\: exchanged between the instructor and instructor's tardiness, and one can CON­ 39.:45 STEVENSON \\ students. (The class was scheduled for two SERV A TIVELY calculate approximately ~; hours weekly from 8:30 a.m.-1O:30 a.m.) twenty-two (22) hours of class instruc­ :/ • After covering a few cases the instructor tion for the whole semester, when in fact ,; took an intermission while she conversed the course was designed to meet for over .~5.B91 V with her legal secretary in the hall over thirty (30) hours of instruction. Still the "tilt WU ~ SOA FWltlAtt ~: matters relating to Miss Sherbourne's law instructor required and expected a hgh FINE CANDIES" PASTRIES It practice. This conversation transpired standard of expertise when examination ~\ from 9: 10 a.m. until 9:20 a.m. then class time came around. r resumed until 10: 10 a.m. The total class It seems as though this instructor is r time for that week was only seventy-five either unwilling or unable to communi­ FEATURING !': (75) minutes in which the class briefed cate with many of her students. This ap­ ~~i,' the eighteen cases assigned the previous parent inability or indifference' can no I:: week. This must be a new ABA Law longer be tolerated by the law students of COFFEE & SWEET ROLLS ;~:, School record, that is 4.1 minutes per Golden Gate College. The instructor im­ case. presses one as placing an inordinately 3) It was at the third class meeting that higher priority on her law practice than RELAXING ATMOSPHERE the instructor announced that the class she does on her instruction. Seemingly schedule was changed (through no fault Miss Sherburne is not suited for teaching of her own) from Wednesdays to Fridays. and should resign for the sake of the This was done without ever considering school. If these statements seem harsh AND IN THE the needs of the students enrolled, who then the instructor should address herself had relied on the class schedule when to them. It appears that she has been * they originally registered. As a result of more than remiss in her responsibilities to CONFECTION SHOP this change and/or perceptive foresight, her students. One need look no further several classmates decided to drop the than to the number of students enrolled OUR OWN BUTTER-RICH course. An additional change in schedule in her Community Property class this PASTRIES & CANDIES came a few weeks later because of the semester. instructor's inability to cross the Oak­ Signed land-Bay Bridge in the morning and get to One Very Uptight Community GIFTS & CARDS class on time. The class was moved from Property Student _ 8:30 a.m. to 8:45 a.m. once again to March 5, 1969 * .,accommodate our instructor. Ironically, this new time had little effect on her A publication fulfilling its role as COFFEE AND TEA tardiness, she still arrived late including voice of the students often places those at IMPORTED FROM the day of the final exam. its helm in an extremely discomforting AROUND THE WORLD 4) From the first meeting until the very position. It is my personal desire not to last, the instructor consistently picked see the Caveat serve as a vindicatory de­ out students to intimidate, threaten with vice for disgruntled students. A t the same time, however, it is necessary that rele­ low grades and insult on such a personal vant factual material, disconcerting .~5.B91 level and done with such belligerence that though it may be, should not be supll.re..{is~ "tilt ~ SOA FWltlAf)1I it had the lasting effect of disrupting the ed. I have spoken with a substantial num-' wu continuity and atmosphere for learning. ber of students who participated in Miss FINE CANDIES" PASTRIES These personal exchanges often wasted Sherburne's Community Property class valuable class time. The most consistent and the unanimity of agreement with the and often repeated threat related to grad­ facts as herein presented made me realize ing. During one of the instructor's emo­ the significance as well as the legitimacy instruction. In full recognition of the po­ tional outbursts our class was given the of the above complaints. tential educational benefit to be derived distinguished dishonor of being labeled While the motivation for such a let­ from one who successfully combines the ter might obviously be questioned, I the worst class she had ever instructed in experience of current law practice with think there is something to be said for the the traditional academic curricula, I feel her many years at Golden Gate. It should desire of any student to have the oppor­ be noted for the record that the only it is none the less incumbent upon the tunity to obtain the education for which administration to evaluate pedagogic session conducted entirely devoid of the he pays dearly. While I am unable to quality in terms of availability as well as personal abuses was the day the ABA personally evaluate Miss Sherburne's ca­ capability. My knowledge of the amount a accreditation representative sat in on her pabilities or enthusiasm for teaching com­ of time which the legal practice entails .lecture. munity property, I am certainly in a posi­ would, under other circumstances, gen­ 5) During the course of the semester the tion to sympathize with one who is de­ erate great understanding for the plight of instructor cancelled at least three class prived of meaningful hours of classroom the part-time professor who may have a meetings that were never made up. Be- instruction. client waiting in the office while he is The fact that Miss Sherburne is a _ sides the instructor being late; the class lecturing. I agree that it is often difficult part-time instructor highlights what I be­ ,. rarely, if ever, met for two hours as was to subordina te one's life work to a seem­ lieve to be a patronizing attitude toward ingly lesser obligation even for a few intended by the administration when the those who for slight remuneration devote hours every week. However, this is of COurse was structured. Consider the can­ or are expected to devote several hours little consolation to one whose legal edu­ celled classes, the short sessions inter- each week to preparation and classroom cation hangs in the balance. H. Levinson, Editor DISCIPLINE & RIGHTS, from front page (1967). These decisions point out that stands is vague and ambiguous. private institutions can be brought within Secondly, as provided under the the constitutional ambit because of their heading labeled "Procedures in Student increasing dependence on governmental Disciplinary Proceedings," the composi­ support. tion of the hearing panels should be re-ex­ Judge Skelly Wright wrote in the amined. The current makeup of the pan­ "A Happy case of GUILLORY v. ADMINISTRAT­ els with two faculty members and only Place" ORS OF TULANE UNIVERSITY OF one student should be changed to give LOUISIANA (203 F. SUpp. 855, 858, equal representation to both parties. If (1962), that Tulane University cannot students are to be trusted to render fair rely on its status as a private school in decisions then there is no reason not to order to justify racial discrimination. In a have panels composed of an equal num­ prophetic statement the judge said, "No ber of student and faculty representa­ one any longer doubts that education is a tives. (cf. "Student Conduct and Disci­ matter affected with the greatest public pline Proceedings", N.Y. Law School, LUNCHEON FROM 11 am interest. And this is true whether it is supra at pp. 26-27). An appeals board COCKTAILS UNTIL 11 pm offered by a public or private institution. should be constituted on the same basis TEI,E. '362 2948 Clearly, the administrators of a private and should only be "empowered to af­ Batt.ry at Bush and Market college are performing in a public func­ firm or dismiss and to reduce but not tion. They do the work of the state, often increase sanctions." Ibid at 27. Further­ in the place of the state. Does it not more, "when the hearing board's report is follow that they stand in the state's accepted by the appeal board, the matter shoes? And if so, are they not then agents shall be deemed finally decided without of the state, subject to the constitutional further recourse, except that a petition GOLDEN GATE COLLEGE restraints on government action ..." for new hearing may be made to the Whether the courts will extend the hearing board upon discovery of new evi­ ever-expanding wall of the constitution to dence." Ibid at 30. In other words, the BOOK STORE protect due process for students in pri­ New York study recommends that a col­ vate schools is still up in the air. As long lege president, no matter how fair or un­ as certain public officials and some uni­ derstanding, should not have the author­ -DISCOVER versity presidents find it easier to threat­ ity to overturn decisions of the properly en students with bayonets and immediate constituted judicial boards. expulsions than to meet the underlying In conclusion one might well con­ problems in their schools, the courts sider the following words written in the should have ample opportunities to ad­ long researched Comment (PRIVATE dress themselves to these crucial issues. GOVERNMENT ON THE CAMPUS: t Here at Golden Gate ,the adminis­ JUDICIAL REVIEW OF UNIVERSITY tration has taken some important steps in EXPULSIONS, 72 Yale L.J. 1362, 1410 , b achieving better relations with the stu­ (1963), "But the value placed by society dents. At this time the administration has on accuracy in fact-finding before punish­ tnt issued Interim Standards of Conduct ment, on fairness, on freedom for the which would ensure due process protec­ individual, applies as strongly to the pri­ tion similar to that mentioned earlier. vate college student as to his brother at a However, there are certain suggestions state school. The value placed by society that might be incorporated in the revised on academic freedom and institutional BOOK Final Standards of Conduct. autonomy of the university faculty First, actions constituting "miscon­ should be accepted as applied to the state duct," for which members of the academ­ school equally with the private. To the ic community are subject to discipline, extent that a school - state or private - should be more specifically defined in is functionally a government, our social tore order to give students proper warning of values demand that the standards be im­ the nature of the acts likely to subject posed on the discretion of the administra­ them to disciplinary proceedings. Section tors - state or private - to protect justice ten refers to "defamatory statements, un­ and liberty in the school community." documented allegations, attacks upon There can be no apprenticeship in free­ personal integrity, or harrassment" leaves dom for university students. Freedom is too much discretion to those in charge of the birthright of all people and the consti­ CIIIIT enforcing these regulations. Also, Section tutional guarantee for all Americans. EDITOR - Harvey Levinson 12 citing "conduct which adversely af­ Walter Gorelick Associate Editor - Walter Gorelick fects the student's suitability as a member Associate Editor Circulation Mgr. William Helfrick of the academic community" should be Advertising Mgr. - G. Andrew Pearl I Editorial Staff: in the prefatory comments with specifics Jon Rutledge • listed thereunder rather than as one of Duncan Barr -George Warren the specifics in and of itself. The way it