| The main purpose of this study was to analyze the most important federal and state judicial decisions and selected state statutes concerning legal rights of college and university students dismissed from school. A second purpose was to determine from pertinent law cases the extent to which the First and Fourteenth Amendments to the United States Constitution applied to student dismissals.;After 1961, public colleges and universities must give notice and some opportunity for a hearing to students dismissed for disciplinary reasons but do not have to give a formal hearing to students dismissed for academic reasons. Courts will intervene if colleges and universities are arbitrary, capricious, or discriminatory in dismissing students for academic reasons.;Since 1970's, the courts have expanded the meaning of the due process clause of the Fourteenth Amendment to include giving students right to counsel, right to confront and cross-examine their accusers, right to remain silent, right to have a record of the disciplinary proceedings, right to have adequate evidence to support charges, and right to have specific rules and regulations.;Supporting the First Amendment rights of students, the courts have said that the students are entitled to freedom of expression of their views, to assemble peaceably, to distribute unapproved or offensive literature, and to write controversial views or indecent words in student newspapers. However, the United States Constitution does not protect students inciting violence against persons or property and disrupting the operation of an educational institution.;Methods utilizing historical and legal research included a review of legal and educational literature, a briefing and analysis of court decisions and state statutes, and the use of The American Digest System, The National Reporter System, and The Corpus Juris Secundum.;By applying the First and Fourteenth Amendments, the courts have changed the student-university relationship, the rules and regulations on academic standards and personal conduct, and the dismissal procedures and proceedings. |
