Examines major cases of the NCAA's Infractions Appeals Committee, the body responsible for reviewing the imposition of infractions upon member schools. Considers the committee's primary concerns when considering the appropriateness of the substance and procedure of sanctions. Notes the committee's increased willingness to scrutinize sanction…

Reviews court litigation in 1999 related to disciplinary and academic decisions. Overall, the courts continued to defer to the university's decisions regarding student behavior, especially if the decisions were classified as academic, and especially in cases where the universities followed guidelines they had established in their student…

A model student code is provided for use by college and university counsel in creating their own written student disciplinary codes. Commentary on each section of the model code offers practical reasons for inclusion and some suggestions on how college counsel might approach certain disciplinary issues. (Author/MSE)

Reviews key cases concerning disciplinary and academic decisions in higher education handed down by courts in 1997. Cases touched on procedural due process (for medical residents, academic versus disciplinary decisions, other notable issues), double jeopardy, breach of contract, student discipline records under the Family Education Rights and…

Explores whether the state university student confronted with double prosecution (university disciplinary proceedings and state or municipal criminal proceedings) has any constitutional basis for claiming the applicability of double jeopardy protection of the Fifth Amendment as a bar to a second prosecution. Concludes that the issue is not…

In discussing the present state of the law concerning judicial review of student expulsion and discipline cases at private colleges and universities and the quest for a satisfactory legal rationale for achieving fundamental fairness in those cases, the author argues that there are nonconstitutional doctrines of public policy and contract law not…

College administrators may use state and federal law and disciplinary policy to prevent selling and/or purchasing prefabricated term papers. The federal government may enjoin term-paper companies' activities involving use of the mails for fraudulent purposes. States may enjoin sale of term papers violating education or criminal codes. (MSE)

Six articles review and analyze 1996 court litigation concerning higher education. Topics include: federal immunity law; tort-accident cases (traditional tort rules in the college or university setting); disciplinary and academic decisions pertaining to students; employment discrimination; and disability discrimination. (MSE)

This paper argues that natural justice principles animating English procedural law and due process jurisprudence playing the same role in American law should be interpreted to protect the intrinsic values associated with fair disciplinary hearing. This approach demands that college students facing expulsion or suspension be afforded an impartial…

Reviews 1995 case law concerning constitutional due process in college student disciplinary cases. Finds that administrators should follow substantive and procedural rules carefully; disciplinary determinations should not substitute for academic judgments; academic dishonesty should be treated as a disciplinary offense; internships and clinical…

A proposed "Code of Student Conduct" designed to replace current disciplinary regulations at the University of Maryland is discussed. It is suggested that college attorneys be participants at an early stage in the development of student disciplinary regulations, and they need to emphasize the leeway given to colleges by the courts. (MLW)

Examines the growing practice of colleges and universities incorporating non-academic misconduct within the scope of student conduct codes. Discusses relevant cases, standards applied by courts when students challenged sanctions, and "in loco parentis" justification for sanctions. Concludes that such policies must be clearly tied to the…

The review of 1994 judicial pronouncements on the law of higher education reports on and discusses cases addressing the First Amendment, invasion of privacy, tort liability, immunities, civil procedure, access to records and meetings, funding, employment, disciplinary decision, discrimination against students, intercollegiate athletics, and…

The review of judicial cases and decisions concerning higher education in 1991 looks at trends and developments in litigation addressing institutional powers, the First Amendment, tort liability, institutional contracts, immunities, access to records and meetings, funding, employment, adverse academic and disciplinary decisions, discrimination…