The Caveat, March 1969

Golden Gate University School of Law GGU Law Digital Commons Caveat Other Law School Publications 3-1969 The aC veat, March 1969 Follow this and additional works at: http://digitalcommons.law.ggu.edu/caveat Part of the Legal Education Commons 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.

Load more