Cites court decisions which point out the need for fair evaluation systems if personnel are to enjoy due process and school boards are to be less vulnerable to attacks in courts of law. (Author/MF)

The procedural due process principles of Goss v. Lopez do not apply in cases of "academic" dismissal rather than disciplinary dismissal. The difficulty in making this distinction, particularly at the elementary and secondary levels, undoubtedly will be the cause of much future litigation. (Author/IRT)

This chapter explores the rights of nontenured teachers in light of recent court decisions and the implications of those decisions for boards of education and administrators. The discussion is limited primarily to discussion of due process. Five generalizations can be made--nontenured teachers enjoy only those property rights found in or implied…

Discusses United States Supreme Court decisions concerning due process in academic and disciplinary student dismissals. Provides university administrators 10 guidelines for use in defending against legal challenges. (MD)

The decision of the U.S. Supreme Court of a case involving the dismissal for academic reasons of a student from the University of Missouri-Kansas City Medical School is presented. The Court upheld that Charlotte Horowitz had been afforded all rights by the fourteenth amendment and that the decision of the Court of Appeals, which held that the…

Explains the reluctance of the judiciary to become involved in the private legal systems that universities have developed to deal with student discipline and offers a proposal for strengthening internal legal systems by performing audits that would be conducted by individuals trained in law. (Author/IRT)

While the status of the application of constitutional rights in public schools has become clearer because of court cases and statutes, the position of the private and parochial schools has remained vague. This paper examines the status of the private and parochial schools not only to determine how due-process requirements have been extended to…

Traditionally, the public schools have been primarily within the domain of local administrators; however, over the past two decades, the courts have become involved more and more in decisions that affect daily operational procedures of the schools. The purpose of this paper is to examine current issues in educational law, including suspension,…

The text of the opinion section of Nevada District Judge Paul S. Goldman's Decision in Jerry Tarkanian v. the University of Nevada and the National Collegiate Athletic Association, in which the judge ruled that the NCAA could require the university to suspend Tarkanian, is presented. (Author/MLW)

Discusses how Dixon vs Alabama and more recent cases have affected due process for college students. Observes that there is currently an increased sensitivity and awareness to the fundamental rights of students that had not previously existed. (JF)

In Braxton v. Municipal Court, the California Supreme Court upheld a Penal Code statute allowing for the summary exclusion of students from college campuses. The author discusses the need for procedural safeguards and a reevaluation of the judicial treatment of colleges and universities. (Editor)

Explores sources of legal rights for students and personnel in private colleges and universities. Presents cases to illustrate the ways that federal courts have addressed campus due-process concerns at institutions accredited by the North Central Association. Concludes that due-process protections are generally lacking. (LAL)

The Supreme Court ruled that the National Collegiate Athletic Association is not a governmental entity, enhancing the NCAA's powers by exempting it from constitutional guarantees that governments must act according to due process of law. A dichotomy between the ability of universities to implement NCAA penalties is seen. (MLW)

The Supreme Court agreed to review a ruling by the Nevada Supreme Court that the NCAA had violated Jerry Tarkanian's constitutional right to due process. The Court will focus on whether the NCAA acts as a governmental body when it regulates college sports. (MLW)

This article attempts to provide the practicing college administrator with a guide to help minimize disruptions in the educational process and protect him from costly litigation. (Author)