Douglas Olsen
Public universities have the authority to expel students in certain situations, but their power is limited by various factors, including their status as government entities, which requires them to respect students' constitutional rights. While public universities generally cannot punish students for their speech, there are exceptions, such as when the speech materially interferes with the educational activities of the institution, or in cases of defamation, obscenity, or threats to the school community's safety. Most universities have codes of conduct, and violations of these codes can lead to expulsion. Additionally, academic dishonesty and non-academic misconduct are common grounds for expulsion, with students being withdrawn from the university and becoming ineligible for future enrollment.
| Characteristics | Values |
|---|---|
| Reasons for expulsion | Violating the Academic Honesty Policy, Standards of Student Conduct, or codes of conduct |
| Restrictions on expulsion | Public universities must respect constitutional rights, including free speech |
| Disciplinary action | Suspension or expulsion |
| Notification | Copies of withdrawal letters are sent to the student's parents (if under 21), faculty advisor, and International Services Office |
| Readmission | Students are informed when readmission applications will be considered |
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What You'll Learn
Public universities must respect constitutional rights
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. While private universities can expel students at any time, public universities cannot punish students for their speech unless it interferes with the school's educational activities or violates the university's code of conduct. For example, public universities cannot expel students for criticising a teacher or the university president, but they can expel students for defamation, obscenity, or speech that threatens the safety of the school community, such as making bomb threats.
Public universities can also expel students for academic or non-academic misconduct, including violations of the university's academic honesty policy or standards of student conduct. This can include academic dishonesty, such as plagiarism, or non-academic violations, such as saying something racist on social media, which would violate most universities' codes of conduct.
However, it is important to note that many aspects of these "codes of conduct" have been found to be unconstitutional. As a result, public universities must be careful to respect students' constitutional rights when enforcing their codes of conduct and deciding on expulsion.
Overall, while public universities have the power to expel students, they must do so within the boundaries of students' constitutional rights, particularly the First Amendment right to freedom of speech. The university's decision to expel a student cannot be based on the student's speech or expression unless it materially interferes with the school's educational activities or violates the university's academic honesty or conduct policies.
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Expulsion for violating academic honesty policies
Public universities have more restrictions on how they can punish students because they are government entities and must respect students' constitutional rights. Generally, this means that public schools cannot punish students for their speech unless it interferes with the school's educational activities. However, public universities can expel students for violating academic honesty policies.
Academic honesty policies outline the expectations and standards of behaviour for students regarding academic integrity and dishonesty. These policies are in place to maintain the academic integrity of the institution and ensure fair and equitable practices for all students. Violating academic honesty policies can result in serious consequences, including expulsion from the university.
The University of Rochester, for example, has an Academic Honesty Policy that addresses undergraduate and graduate student violations. First-time offenders at the University of Rochester are required to complete an academic honesty tutorial and may face additional sanctions, such as ineligibility for supplemental stipends or teaching awards. More severe violations can result in expulsion from the graduate program or the university.
Keene State College also has an Academic Honesty Policy that outlines the consequences for violations. An initial transgression may result in a level-one or level-two violation charge, depending on the seriousness of the offence. All initial infractions, except those that result in expulsion, require the student to take the college-designated educational sanction. A subsequent confirmed violation after a level-two violation requires a sanction of immediate academic expulsion.
The consequences of violating academic honesty policies can vary depending on the institution and the severity of the violation. It is important for students to familiarise themselves with their university's academic honesty policies to understand the potential consequences of any violations. While expulsion is typically a last resort, it can be enforced in cases of repeated or egregious violations to maintain the integrity of the academic community.
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Expulsion for non-academic misconduct
Public universities have more restrictions on how they can expel students compared to private universities because they are government entities and must respect students' constitutional rights. For instance, public universities cannot punish students for their speech unless it interferes with the school's educational activities.
Public universities must provide students facing expulsion with notice of the charges and an opportunity to present their side of the story. This is a minimum requirement, and in cases of expulsion, more formal procedures may be required. For example, in the 1975 case of Goss v. Lopez, the Supreme Court of the United States held that students facing even a short suspension of 10 days or less are entitled to notice and a hearing.
Non-academic misconduct can include criminal behaviour such as sexual misconduct, physical assault, carrying a weapon on campus, public indecency, and other illegal acts. Most universities will not allow the use and distribution of illegal drugs, and students found in possession of such drugs may be expelled. Other examples of non-academic misconduct include violations of the Standards of Student Conduct, such as racist rhetoric on social media, which can be considered a violation of the university's code of conduct.
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Social media posts can lead to expulsion
Public universities have more restrictions on how they can punish students because they are government entities and must respect students' constitutional rights, including free speech. However, public universities can expel students if their speech materially interferes with the school's educational activities, or violates the code of conduct. For example, a student can be expelled for defamation, obscenity, or speech that threatens the safety of the school community.
While the First Amendment protects free speech, it does not protect speech that interferes with the rights of others or causes harm. Social media posts that make threats, either general or specific, can lead to expulsion. Statements that directly mention hurting another student, teacher, or bringing a weapon to school are grounds for expulsion.
If a student is facing expulsion for their social media posts, they have the right to an expulsion hearing and appeal process. They can attend with a lawyer, argue against the evidence, and provide reasons why they should not be expelled. It is important to meet deadlines and follow procedures to effectively challenge an expulsion.
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Codes of conduct and free speech
Public universities have more restrictions on how they can punish students because they are government entities and must respect students' constitutional rights, including the First Amendment. This means that public schools cannot punish students for their speech unless it materially interferes with the school's educational activities. For instance, public universities can expel students for defamation, obscenity, or speech that threatens the safety of the school community.
Most schools have codes of conduct, and if a student violates them, they may be expelled. However, many aspects of these "codes of conduct" have been found to be unconstitutional. For example, a speech code in effect at the University of Michigan was deemed unconstitutional in 1989 after a Black student was punished for using the term "white trash" in conversation with a white student.
Some argue that rules banning or punishing speech based on its content cannot be justified. An institution of higher learning fails to fulfill its mission if it asserts the power to proscribe ideas. Additionally, colleges and universities should adopt a range of measures that penalize conduct and behaviour rather than speech, such as rules against defacing property, physical intimidation, or disruption of campus activities.
On the other hand, some campuses have felt it necessary to forbid the expression of racist, sexist, homophobic, or ethnically demeaning speech to foster a respectful and welcoming atmosphere. Critics of speech codes allege that they are often not enforced impartially and punish those "whose speech does not meet their subjective standards of 'political correctness'".
While the First Amendment protects speech, it does not protect behaviour that crosses the line into targeted harassment or threats or creates a pervasively hostile environment for vulnerable students. Schools must take action to remedy such behaviour, and speech that constitutes a true threat of physical violence is not protected by the Constitution.
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Frequently asked questions
Public universities have more restrictions on how they can punish students due to their status as government entities. They must respect students' constitutional rights, including free speech. However, public universities can expel students if their speech materially interferes with the school's educational activities, violates codes of conduct, or constitutes defamation, obscenity, or threats to the school community.
Yes, public universities can expel students for academic reasons, such as violating academic honesty policies or standards of student conduct. Students expelled for academic misconduct are usually not eligible to enroll at the university in the future.
Public universities may expel students for non-academic reasons, such as non-academic misconduct or violations of the university's standards of student conduct. However, the university must follow due process and respect the student's constitutional rights.
Yes, public universities must respect students' constitutional rights and follow due process. Additionally, many aspects of university codes of conduct have been found to be unconstitutional, which may limit the grounds for expulsion. Students have the right to appeal expulsion decisions and seek legal recourse if their rights have been violated.
