=============== ftp://ftp.eff.org/pub/CAF/faq/due-process =============== q: Should users be suspended from the computer pending formal discipline? a: No, with one exception. Just as students should not be expelled from class without due process they shouldn't be expelled from computer facilities without due process. Declaring computer use a "privilege" does not remove due process requirements. This excerpt from the "Joint Statement on Rights and Freedoms of Students" explains this principle and its exception. "C. Status of Student Pending Final Action Pending action on the charges, the status of a student should not be altered, or his right to be present on the campus and to attend classes suspended, except for reasons relating to his physical or emotional safety and well being, or for reasons relating to the safety and well-being of students, faculty, or university property." At both state and private universities, due process is likely a legally-binding contractual requirement. At state schools in the U.S. "some modicum" of due process is required by law. - Carl ANNOTATED REFERENCES (All these documents are available on-line. Access information follows.) ================= faq/just-a-privilege ================= * "Computer access is just a privilege" q: If a state university calls computer or network access a "privilege", can they remove an individual's access arbitrarily? a: In most cases no. U.S. courts no longer recognize the wooden ... ================= academic/student.freedoms.aaup ================= * Student Freedoms (AAUP) Joint Statement on Rights and Freedoms of Students -- This is the main U.S. statement on student academic freedom. ================= law/goss-v-lopez.mnookin ================= * Due Process -- When Required -- Goss v. Lopez -- Mnookin Comments from _In the Interest of Children_, R. Mnookin (Ed.), Franklin E. Zimring and Rayman L. Solomon (Contrib. Authors). It reports that the Supreme Court says that some modicum of due process is necessary unless the matter is trivial or there is an emergency. ================= law/goss-v-lopez.fischer ================= * Due Process -- When Required -- Goss v. Lopez -- Fischer Comments from _Teacher's and the Law_, 3rd edition, by Louis Fischer, et al. Published in 1991 by Longman. It reports that the Supreme Court says that some modicum of due process is necessary unless the matter is trivial or there is an emergency. ================= law/constraints.constitutional ================= * Constitution -- Public University -- Constraints Comments from _A Practical Guide to Legal Issues Affecting College Teachers_ by Partrica A. Hollander, D. Parker Young, and Donald D. Gehring. (College Administration Publication, 1985). Discusses the constitutional constraints on public universities including the requires for freedom of expression, freedom against unreasonable searches and seizures, due process, specific rules. ================= law/constraints.contractual ================= * Universities -- Contractual Constraints Comments from _A Practical Guide to Legal Issues Affecting College Teachers_. Explains that University Code is part of the contract between the student and school. The University can be liable for a breach of the contract (i.e. for not following its own rules). ================= law/mt-healthy-v-doyle ================= * Due Process -- Finding of Fact -- Mt Healthy v. Doyle _Due Process for School Officials: A Guide for the Conduct of Administrative Proceedings_ by Edgar H. Bittle (1986) says that a formal hearing should make a detailed "findings of fact" list. ================= law/mills-v-bd-of-ed ================= * Due Process -- Notice of Charges -- Mills v. Bd of Ed Summary from the ACLU's Handbook _The Right of Students_ 3rd Edition by Janet. R. Price, Alan H. Levine, and Eve Cary. p. 61. It says before you can be severely punished, you have a due process right to know the specific acts you are charged with committing and the specific rules that those acts violate. ================= law/due-process.buchanan ================= * Due Process -- Notice of Charges -- Buchanan Quotes about the due process requirements of "notice of charges" and "find of facts" at a formal administrative hearing. The quotes are from: _Procedural due process guidelines for disciplinary hearings resulting in suspension or expulsion in higher education_ by Ernest T. Buchanan III. Published by Education/Law Research Associates, 1972 ================= law/due-process.french ================= * Due Process -- Notice of Charges -- French Quotes about the due process requirements of "notice of charges" and "find of facts" at a formal administrative hearing. The quotes are from: _The Redefinition of the Exclusionary Rule as to Student Procedural Due Process in High Education_. A monograph from the Office of the General Counsel [of Southern Illinois University] by Dr. Larry L. French, General Counsel, 1977. ================= law/due-process.weckstein ================= * Due Process -- Notice of Charges -- Weckstein Quotes about the due process requirements of "notice of charges" and "find of facts" at a formal administrative hearing. The quotes are from: _School Discipline and Student Rights: an advocate's manual_ by Paul Weckstein, revised edition, 1982, Center for Law and Education. ================= ================= If you have gopher, you can browse the CAF archive with the command gopher gopher.eff.org These document(s) are also available by anonymous ftp (the preferred method) and by email. To get the file(s) via ftp, do an anonymous ftp to ftp.eff.org (192.77.172.4), and then: cd /pub/CAF/faq get just-a-privilege cd /pub/CAF/academic get student.freedoms.aaup cd /pub/CAF/law get goss-v-lopez.mnookin cd /pub/CAF/law get goss-v-lopez.fischer cd /pub/CAF/law get constraints.constitutional cd /pub/CAF/law get constraints.contractual cd /pub/CAF/law get mt-healthy-v-doyle cd /pub/CAF/law get mills-v-bd-of-ed cd /pub/CAF/law get due-process.buchanan cd /pub/CAF/law get due-process.french cd /pub/CAF/law get due-process.weckstein To get the file(s) by email, send email to ftpmail@decwrl.dec.com Include the line(s): connect ftp.eff.org cd /pub/CAF/faq get just-a-privilege cd /pub/CAF/academic get student.freedoms.aaup cd /pub/CAF/law get goss-v-lopez.mnookin cd /pub/CAF/law get goss-v-lopez.fischer cd /pub/CAF/law get constraints.constitutional cd /pub/CAF/law get constraints.contractual cd /pub/CAF/law get mt-healthy-v-doyle cd /pub/CAF/law get mills-v-bd-of-ed cd /pub/CAF/law get due-process.buchanan cd /pub/CAF/law get due-process.french cd /pub/CAF/law get due-process.weckstein