Douglas Olsen
Students in universities may face various disciplinary actions, including suspension, expulsion, or other sanctions, for violating the student code of conduct or other university policies. In such cases, students have certain rights and protections under the law. For example, in the United States, the First Amendment protects the free speech rights of students, and courts have applied these rights to cases involving student speech on social media and on campus. Additionally, the law of contracts may come into play, as courts have held that the representations made by universities in student handbooks and other documents constitute a contract between the university and the student. This means that universities are legally required to uphold the rights and promises outlined in these documents. Students facing disciplinary action may also have the right to an impartial arbiter, to present their side of the story, and to have a lawyer present during hearings. In the case of Title IX violations, for instance, students have sought legal representation to defend themselves against accusations made by their universities. Furthermore, universities have their own procedures for resolving disputes, often through mediation and peer review, and are committed to providing a fair and swift resolution process.
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What You'll Learn
Students' right to due process
Students have a right to due process, which is a formal way to resolve disputes with a school about a child's education. Due process is guaranteed by the Fourteenth Amendment to the US Constitution, which states that everyone in the United States has the right to be treated fairly by people in positions of authority, including teachers and school administrators.
The right to due process means that students are entitled to certain protections during disciplinary proceedings. This includes the right to hear a description of the university's evidence against them, the right to present their side of the story to an impartial arbiter or panel, and the right to have a lawyer present during the hearing. Students also have the right to review written records related to the charges beforehand and to question or cross-examine their accusers and the witnesses against them.
In the United States, students at state universities have constitutional due process rights that their universities cannot violate during disciplinary proceedings. This is because the Due Process Clause of the Constitution constrains government actors, and state colleges and universities are considered government actors. However, students at private universities have rights that are primarily contractual. While private universities have broad discretion in adopting procedures for deciding campus conduct cases, they must generally follow the procedures outlined in their student handbooks and other relevant documents, which are considered contracts between the university and the student.
Courts have held that universities violate students' due process rights by not allowing them to cross-examine their accusers and witnesses, withholding potentially exonerating evidence, not allowing students to see the evidence against them, and providing biased hearing panels.
Students who believe their due process rights have been violated can seek legal advice and representation from professionals who specialize in protecting the rights of students and are well-versed in academic college procedures.
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Contract law
The fundamental principle of contract law is that both parties must uphold their reciprocal promises. If a university fails to fulfil its promises or abide by its policies, students may take legal action to enforce the contract. For example, if a university fails to provide the educational services, resources, or opportunities promised, students may have a legal case for breach of contract.
In the context of student rights, contract law ensures that universities deliver on their promises regarding academic freedom, freedom of expression, and due process. University policies and student handbooks often outline disciplinary procedures, and contract law holds universities accountable for adhering to these processes. For instance, if a university deviates from its established procedures during a misconduct investigation, a student may argue that the university has breached its contractual obligations.
Additionally, contract law can apply to specific situations, such as housing agreements between students and universities. If a student resides in university-managed accommodation, a breach of contract may occur if the university fails to uphold its obligations regarding housing conditions, maintenance, or other promised amenities.
It is worth noting that contract law in the context of higher education may vary depending on the country and the specific legal framework within which universities operate. Nonetheless, the underlying principles of contract law provide a basis for students to assert their rights and hold universities accountable for their promises and obligations.
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Academic dishonesty
Plagiarism is a common form of academic dishonesty, and it involves using someone else's ideas or expressions without proper attribution or credit. This can take many forms, such as purchasing papers from commercial companies or individuals, word-for-word copying without acknowledgement, or improper citation of references. Fabrication, on the other hand, involves making up or falsifying data, evidence, or source materials. Cheating can involve a range of behaviours, such as copying from another student's exam paper, gaining unauthorised access to exam questions, or altering graded work and resubmitting it for a new grade.
Universities have different ways of dealing with academic dishonesty. Some, like the University of Texas at Dallas, emphasise the importance of educating students about plagiarism and its consequences. They also outline various forms of academic dishonesty and their negative impacts. Other universities, like The City University of New York, have a designated Academic Integrity Officer who handles reports of suspected academic dishonesty and establishes procedures for hearing cases.
When a faculty member suspects academic dishonesty, they are expected to review the facts and circumstances with the student. If the incident is significant enough to affect the student's final course grade, it is reported to the Academic Integrity Officer and the relevant departments. Students are generally provided with written notice of the charges against them and are given the right to appear before a committee, present witness statements, and defend themselves.
The consequences of academic dishonesty can be severe and may include academic sanctions such as reduced grades, failing grades, suspension, or even expulsion. These penalties aim to uphold the values of academic integrity and fairness among students.
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Student conduct and discipline
University Autonomy and Student Rights
Universities have the autonomy to establish their own rules and regulations regarding student conduct, and students are expected to abide by these rules. This includes academic and social behaviour, with universities defining prohibited behaviours that can lead to disciplinary action. However, students also have rights that must be respected and protected by the university. These rights are often outlined in student handbooks, which are considered a form of contract between the university and the student.
Due Process
Due process is a critical aspect of student discipline. Students facing misconduct charges have the right to a fair and impartial process. This includes the right to be notified of the charges, to review the evidence against them, and to present their side of the story. Universities are expected to follow their established disciplinary procedures and ensure that students' rights are upheld throughout the process. In the United States, federal law and amendments to education law dictate due process requirements in student discipline.
Types of Misconduct
Misconduct can occur in various forms, and universities outline prohibited behaviours in their codes of conduct. This includes academic dishonesty, such as plagiarism or cheating, as well as social misconduct that disrupts the university's functioning or brings its reputation into disrepute. Misconduct can happen within the university's physical or virtual spaces, and universities are increasingly addressing issues such as cyberbullying and online harassment.
Disciplinary Actions
The consequences of misconduct can vary depending on the severity of the violation and the university's policies. Disciplinary actions can range from warnings, detention, or referrals to more severe punishments like suspension or expulsion. In some cases, universities may impose housing probation, restricting a student's access to university-managed living properties. Disciplinary records are considered educational records and are subject to privacy laws and disclosure regulations.
Legal Representation
Students facing serious disciplinary charges may seek legal representation to protect their rights and guide them through the process. Lawyers specialising in education law can assist students and their families in understanding their legal rights and ensuring a fair outcome. This is particularly important when students feel their rights have been violated or they face significant consequences that could impact their academic record.
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Student free speech
Students in the United States have free speech rights that are constitutionally established and upheld by the highest courts. These rights are enshrined in the First Amendment, which protects the freedom of speech, religion, and assembly, among other things. While the First Amendment applies primarily to government entities, it also extends to public institutions like colleges and universities, where students enjoy greater academic freedom than in secondary schools.
The First Amendment protects the free speech rights of students in several ways. Firstly, it prevents public universities from infringing on students' freedom of expression. This was demonstrated in the case of Papish v. Board of Curators of the University of Missouri (1973), where the court ruled that a student could not be expelled for distributing an "underground" newspaper with content deemed "indecent" by the university.
Secondly, the First Amendment protects students from being compelled to engage in expression that conflicts with their beliefs. In West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled in favour of a group of Jehovah's Witnesses who challenged a state law requiring students to salute the flag and recite the Pledge of Allegiance, as it violated their religious beliefs.
Thirdly, the First Amendment limits the ability of schools to censor student media. In Hazelwood School District v. Kuhlmeier (1988), the Court decided that schools may only limit student First Amendment rights if student speech conflicts with the educational mission. Similarly, in Hosty v. Carter (7th Cir. 2005), the 7th U.S. Circuit Court of Appeals applied a high school press censorship case to colleges, ruling that college officials did not violate the First Amendment by censoring a student publication.
However, it is important to note that free speech rights are not absolute. In Morse v. Frederick (2007), the Court created an exception, ruling that school officials can prohibit student speech that promotes illegal drug use. Additionally, in Keefe v. Adams (8th Cir. 2016), a circuit court ruled that a public college could expel a nursing student for Facebook posts indicating a lack of professionalism.
Students in private universities, which are not subject to the First Amendment, may rely on state laws and contractual agreements to protect their free speech rights. These agreements, outlined in school policies, student handbooks, and other documents, represent a contract between the university and the student. Courts have examined cases involving student speech on social media, such as Mahanoy Area School District v. B.L. (2021), where the Supreme Court ruled that a school could not discipline a cheerleader for posting vulgar expressions on Snapchat about not making the varsity squad.
Overall, while the specific legal protections vary between public and private universities, students in the United States generally enjoy robust free speech rights that are protected by the First Amendment, state laws, and contractual agreements. These rights are essential to fostering academic freedom, open expression, and diversity of thought within educational institutions.
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Frequently asked questions
Students facing university disciplinary action may be represented by a lawyer, but this is not always the case. Students in private universities may rely on state laws to ensure certain basic freedoms. For example, if a university promises to respect and foster academic freedom, open expression, and freedom of conscience, it must deliver on those promises.
Students have the right to hear a description of the university's evidence against them and to present their side of the story to an impartial arbiter or panel. Students may also have the right to have a lawyer present during their hearing and to review written records related to the charges beforehand.
Students are expected to act consistently with the values of the university community and to obey local, state, and federal laws. This includes complying with published university policies and not engaging in bias-motivated misconduct or physically harming or threatening another person.
Yes, students can be expelled for violating the university's code of conduct. For example, a student at the University of Missouri was expelled for distributing an "underground" newspaper that the university considered "indecent."
It depends on the context. In some cases, courts have ruled that universities cannot discipline students for their speech or expression, especially if it occurs off-campus or on social media. However, there have also been cases where students have been disciplined for their speech or expression, such as saluting the flag or reciting the Pledge of Allegiance.
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