Public Universities: Can They Expel Students?

Public universities have the authority to expel students, but they face more restrictions than private universities due to their obligation to respect students' constitutional rights. While expulsion is typically a last resort, it can occur for various reasons, including academic dishonesty, such as cheating or plagiarism, or more serious offences such as criminal conduct or violations of the university's code of conduct. Understanding the specific policies and potential consequences is essential for students to navigate their academic journey successfully and avoid expulsion.

Cheating or plagiarism

Public universities can expel students for cheating or plagiarism, but this is rare. Most schools work with students who are struggling academically and are at risk of expulsion. However, expulsion is a possible consequence of academic dishonesty, and it is the most common reason for students to be expelled.

Cheating can refer to getting someone else to do your work, gaining answers for assignments through dishonest means, or using tools for an exam when they are not permitted (such as a calculator or phone). Plagiarism, meanwhile, is when a student directly copies the work of another student, a website, an article, or a journal and submits it as their own. This can also include mosaic plagiarism, where a student changes a few words from someone else's work without summarising the content in their own words.

The consequences of cheating or plagiarism vary depending on the university and the student's academic history. Some students may be expelled, but this is usually only after multiple offences. Other consequences include failing the course, a notation on the student's transcript, or suspension. Some universities operate a strike system, where the first offence results in a zero on the assignment, the second offence means failing the class, and the third offence results in suspension or expulsion.

If a student is accused of cheating or plagiarism, they are entitled to due process. This includes being notified of the allegations, receiving the evidence used against them, and having the opportunity to defend themselves at a hearing and appeal the decision.

Criminal offences

Public universities have more restrictions on how they can punish students because they are government entities and must respect students' constitutional rights. This means that public schools cannot punish students for their speech unless it materially interferes with the school's educational activities. For example, public universities cannot punish students for criticising the university president or a teacher. However, students are not protected from punishment for defamation, obscenity, or speech that threatens the safety of the school community, such as bomb threats.

Most universities will not allow the use and distribution of illegal drugs, and students found in possession of such drugs may be suspended or expelled. Other criminal activities that may result in expulsion include sexual misconduct, carrying a weapon on campus, public indecency, or any other illegal acts that could result in legal trouble. International students should be especially cautious, as partaking in illegal activity can put them at risk of deportation.

Universities have their own policies and procedures for investigating misconduct. When a complaint is made, the complainant is usually asked if they wish to proceed through the university discipline route or report the matter to the police. If a police report is made, the university investigation is typically stayed to avoid contaminating the police investigation. The accused student may face suspension from the university while awaiting the resolution of the police matter. If the student does not wish to involve the police, the university will appoint an investigator to take statements from the complainant, any witnesses, the accused, and any witnesses suggested by the accused. Some universities will then arrange a hearing where the relevant parties may be asked to attend a panel to provide evidence in person, while others will only consider written statements.

Different universities have different sanctions for various offences, but all universities reserve the right to suspend students during an investigation and expel students following the outcome of an investigation. Whether an individual is suspended or expelled will depend on the allegation and the outcome of the investigation.

Poor attendance

Public universities usually allow some leeway for students to miss classes, and in the UK, for example, students are typically allowed to miss two classes of a certain module or subject per term. However, missing too many classes can lead to expulsion. Therefore, it is essential to be aware of the university's attendance policy and any relevant rules and regulations.

The negative effects of absenteeism can be profound and far-reaching. Poor attendance can impact a student's social and emotional development and is associated with lower scores on standardized tests. Additionally, children who miss school consistently may fall behind in fundamental reading skills, which can have a snowball effect on their future learning.

Chronic absenteeism is defined as missing 10% or more of a school year. It is a widespread issue, with one in six students in the United States considered chronically absent. The causes of absenteeism are varied and can include physical health issues, bullying, socioeconomic hardship, academic struggles, developmental delays, and mental health issues.

The consequences of poor attendance can be significant. Students who fail to read at grade level by the end of the third grade are four times more likely to drop out of high school. Poor attendance can also lead to lower academic performance, limited work options, reduced earning potential, and decreased opportunities for higher education.

To address chronic absenteeism, parents and educators can employ several strategies, including open communication, seeking support from the school, and setting attendance goals with the child. By prioritising good attendance, students can build a strong foundation for positive life outcomes and maximise their potential for success.

Poor grades

Public universities have more restrictions on how they can punish students because they are government entities and must respect students' constitutional rights. In the case of expulsion, public universities must demonstrate that a student's speech has materially interfered with the school's educational activities.

Expulsion is a serious step and is generally considered a last resort for universities. Students can be expelled for violating campus policies, failing to meet academic standards, or breaking the law. Before expelling a student, universities typically conduct an investigation and hold hearings where students can defend themselves.

Students who drop below a minimum GPA, often 2.0, typically receive academic probation. If they fail to improve their grades or continue to receive low grades, the university may consider expulsion. Even in these cases, students are often given the option to voluntarily withdraw from the university before an expulsion is enforced.

It is important to note that each university has its own policies and procedures regarding expulsion, and students should refer to their university's guidelines to understand the specific criteria and consequences.

Misconduct

Public universities have more restrictions on how they can punish students compared to private universities because they are government entities and must respect students' constitutional rights. This means that public universities cannot punish students for their speech unless it materially interferes with the school's educational activities. For example, public universities can expel students for defamation, obscenity, or speech that threatens the safety of the school community, such as bomb threats.

Most schools have codes of conduct, which outline behaviours that can lead to expulsion. These codes of conduct are often found in student handbooks or university rulebooks and typically include academic integrity violations and more serious offences, such as sexual misconduct. In the US, universities have expelled students for specific circumstances, such as being unvaccinated.

In the case of Goss v. Lopez in 1975, the Supreme Court of the United States held that public school students facing suspension or expulsion are entitled to notice of the charges against them and the opportunity to present their side of the story. This sets a minimum standard for public universities regarding student expulsion.

However, due to the lack of Supreme Court rulings on the precise scope of public university students' due process rights, these rights vary depending on applicable lower court rulings. Some actions that have been deemed to violate students' due process rights include:

• Not allowing an accused student to cross-examine their accuser and witnesses
• Withholding potentially exonerating evidence
• Preventing an accused student from seeing the evidence against them
• Providing biased training to hearing panels

Frequently asked questions