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A review of court cases involving academic suspensions, probations, and expulsions

Posted on:2009-08-18Degree:Ed.DType:Dissertation
University:The University of AlabamaCandidate:Turner, Stephanie BFull Text:PDF
GTID:1446390002994512Subject:Law
Abstract/Summary:
Higher education administrators in the United States often face difficult challenges regarding student discipline. Generally, the courts provide great discretion to institutions of higher learning as long as students' rights are not violated. In recent years, however, the process for academic suspensions, probations, and expulsions has become more difficult for teachers to understand and follow. A common perception among school administrators is that the requirements of due process hinder the ability to enforce appropriate student disciplinary sanctions.;The problem of this study is focused on how to balance individual student rights while maintaining the academic freedom of the institution. This balancing act between student and institution is a source of concern for many higher education administrators. Since the 1960s, court intervention in cases of academic dismissal has led colleges and universities to examine their own guidelines for providing fair and reasonable procedures for students while maintaining a sense of integrity and autonomy. By law, due process must be present in every situation involving student discipline. Universities and colleges must strive to have an adequate understanding of what constitutes fundamental fairness and procedural due process requirements so that court intervention is minimal.;The purpose of this research is to report on and analyze federal and state court cases related to academic suspensions, probations, and expulsions in the college and the university setting within the timeframe of 1982-2006. This study identifies trends and need areas for policy development and enables higher education administrators to understand and utilize appropriate disciplinary guidelines so that a balance is maintained between student rights and the academic freedom of the institution.
Keywords/Search Tags:Academic, Student, Court, Education administrators, Cases, Probations
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