| The Contractual Rights of Students | Codes of Student Conduct | The Disciplinary Process in Public Institutions | The Disciplinary Process in Private Institutions |
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True
True or False: Student handbooks and college catalogs can be classified as contracts, and when an institution does not follow these written guidelines, it can be considered a breach of their contract.
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Academic misconduct could include plagiarism, cheating, forgery or scientific misconduct, and social misconduct could include disruption of an institutional function (e.g. teaching) or abusive or hazing behavior (p. 443).
What is an example of academic and social misconduct?
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True, public institutions must comply with both federal and state laws (p. 443).
T or F: A public institution’s rules regarding student protest must comply with the First Amendment, and their rules regarding access to or search of dorms must comply with the Fourth Amendment (search and seizure).
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False. “Federal constitutional guarantees of due process do not bind private institutions unless their imposition of sanctions falls under the state action doctrine explained in Section 1.4.2” (p. 470).
True or false: Private institutions are subject to federal constitutional constraints in regards to due process.
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Examples: housing contract, lease, food service contract, loan agreement, student handbook, student services manual
What is an example of a contract between a student and an institution?
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civil, criminal
Fill in the blank: Codes of student conduct typically prohibit academic and social misconduct, whether or not the misconduct violates _________ or ________ laws, and whether or not the misconduct occurs on campus.
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Due process clause
“The primary external source of procedural requirements for public inst.'s is the ____ of the federal constitution, which prohibits the government from depriving an individual of life, liberty, or property without certain procedural protections" (p.457).
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misconduct, academic
Fill in the blank: "Judges are more likely to require private institutions to provide procedural protections in the ____ area than in the ___ sphere." pg. 470
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Oral
Fill in the blank: "Although various courts have applied contract law principles when an institution’s written materials make certain representations, they may be more hesitant to do so if the promise was ________ (p. 247)."
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1) “The type of conduct the code will encompass.”
2) “The procedures to be used when infractions of the code are alleged.” 3) And “the sanctions for code violations” (p. 443-444).
There are three major issues involved in creating the codes of student conduct explained in our textbook. Name one of these.
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“There is no clear constitutional requirement concerning how much advance notice the student must have of the charges.” (p. 463). Courts handle this on a case-by-case basis, depending on the amount of time that is considered fair under the circumstances.
How much advanced notice is required of public institutions to inform the student of their charges in order to prepare for their disciplinary hearing?
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These terms should not be stated unless the private institution fully intends on providing a hearing that will meet each of these documented standards (p. 473).
When should private institutions avoid using terms such as “due process,” “substantial evidence,” and “just cause” regarding the disciplinary process in their student code of conduct?
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