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Education Law

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Disciplinary action

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Full-Text Articles in Law

Students And Due Process In Higher Education: Of Interests And Procedures, Fernand N. Dutile Jan 2001

Students And Due Process In Higher Education: Of Interests And Procedures, Fernand N. Dutile

Journal Articles

In the process of enforcing their academic and disciplinary standards, colleges and universities increasingly find themselves confronting the possibility and even the reality of litigation. At public institutions, of course, the strictures of the due process clause of the Fourteenth Amendment loom especially large. Meeting the complex needs of their institutions and students as well as the expectations of American courts presents an ongoing and daunting challenge to higher education personnel.

For both internal and external reasons, institutional dealings with aberrant students in public higher education has, over the years, developed on a dual track. Courts themselves have generally treated …


Law, Governance, And Academic And Disciplinary Decisions In Australian Universities: An American Perspective, Fernand N. Dutile Jan 1996

Law, Governance, And Academic And Disciplinary Decisions In Australian Universities: An American Perspective, Fernand N. Dutile

Journal Articles

On a bulletin board at the University of Queensland, in Brisbane, Australia appears the following warning to students: "Please don't cheat in your exams; Senate is not inclined to be merciful." The emphasis in this entreaty on the role of the University governing board reflects a major difference, although only one of them, between the American and Australian treatments of student shortcomings, academic or disciplinary.

This Article will discuss, from an American perspective, the law affecting decisions regarding academic and disciplinary matters in Australian universities. This discussion will address not only internal university governance, but also the impact of Constitutional, …