Higher Education Law – Legal Citations
1. “[Student disciplinary proceedings] are not criminal in nature as they only regulate the relationship between the student and the university, and have no bearing on a student’s legal rights or obligations under state or federal criminal laws.” United States v Miami Univ., 91 F.Supp.2d 1132, 1157 (S.D. Ohio); fn 20.
2. “School regulations are not to be measured by the standards which prevail for criminal law and for criminal procedure.” Esteban v Central Mo State Coll., 415 F2d 1077 (8th Cir. 1968) (Blackmun, J.) fn 3.
3. Highly recommended: General Order 45 FRD 133, 142 (W.D. Mo 1968) (en banc). fn 19.
4. It is ok to expect superior ethical and moral standards from our students. “Standards so established [on campus] may require . . . superior ethical and moral behavior.” (Gen order) “Course will reach the right results if they do not allow themselves to be distracted by analogies from criminal law or administrative law or elsewhere . . . “ (Charles Alan Wright)
5. “Even if courts think a university’s rules to be unwise, they do not have the authority to strike them down if these unwise rules nonetheless conceivably relate to legitimate behavioral or academic objectives.” General order supra note 2, at 141.
6. Supreme Court of Massachusetts: “It is not the business of lawyers and judges to tell universities what statements they may consider and what statements they must reject.”
