Keith Mack
College disciplinary boards are a contentious issue in the United States, with varying opinions on their effectiveness and legal standing. While these boards are designed to address student misconduct and maintain a safe campus environment, their procedures and decisions are often criticised for lacking transparency and not providing adequate protection for students' rights. The question of whether college disciplinary boards are created in law is a complex one, as it involves the interplay between federal, state, and educational institution policies and regulations. This paragraph will explore the legal foundations of college disciplinary boards and analyse their role in maintaining student conduct and safety on college campuses.
| Characteristics | Values |
|---|---|
| Nature of disciplinary boards | College disciplinary boards act like criminal courts, but those acting as judge and jury are not lawyers. They are college administrators, students and faculty volunteers with little or no legal training. |
| Powers of disciplinary boards | These panels have the authority to expel students or let those accused of violent acts stay on campus. |
| Record-keeping | Federal rules say that colleges "may" release disciplinary records. At public colleges, state records laws determine whether a school must release records. No state has a specific exemption allowing schools to withhold disciplinary-board outcomes, although some have laws that allow "education records" to be withheld. |
| Disciplinary proceedings | The University's disciplinary procedures should not be confused with the processes of law. The University's regulations are applied to incidents that are not "cases", the bodies that hear and dispose of incidents are not "courts", and requests for review of disciplinary decisions are not "appeals". |
| Student rights | Students who are subject to or involved in University discipline do not automatically abdicate any of the rights that are guaranteed to them by civil society and they remain free to claim and assert those rights. Students with disabilities have specific rights under federal law. The Individuals With Disabilities Education Act (IDEA) details these rights. |
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What You'll Learn
Student disciplinary systems and their relation to law
Student disciplinary systems are designed to address possible student misconduct and breaches of the standards of behaviour expected of them. While these systems are distinct from the legal-judicial structures of the general society, they can sometimes involve law enforcement and the judicial system.
The University of Chicago, for example, has four student disciplinary systems: Area Admission Review Systems, Area Disciplinary Systems, College Housing Discipline, and a University-wide Disciplinary System. The University emphasises that its disciplinary procedures should not be confused with legal processes, and that the bodies that hear and dispose of incidents are not "courts". Similarly, Bowdoin College's student disciplinary process involves a Conduct Review Board, which operates according to the College's Code of Community Standards (CCS). The College may initiate disciplinary proceedings prior to, simultaneously with, or after civil or criminal proceedings.
Campus-conduct boards often act like criminal courts, with the authority to expel students or allow those accused of violent acts to remain on campus. However, those acting as judge and jury are typically college administrators, students, and faculty volunteers with little to no legal training. This has led to concerns about the effectiveness of these boards and the potential for unfair outcomes. In response, some states have introduced laws requiring public colleges to release disciplinary-board outcomes, particularly in cases of violent offenses.
Student disciplinary systems must also respect students' constitutional rights, as provided by the U.S. Constitution, federal law, and state laws. For example, the Fourth Amendment protects students against unreasonable searches and seizures, while the First Amendment secures students' free speech rights, including in school-sponsored activities and student newspapers. Students with disabilities also have specific rights under federal law, such as the right to an appropriate education tailored to their needs. School administrators have the authority to limit these rights if there is a risk of disruption or infringement of others' rights.
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Student rights
While college disciplinary boards are not courts of law, students still have rights in these settings. Students do not lose their constitutional rights when they enter school, and disciplinary proceedings in schools fall under the protection of constitutional rights. Students have the right to due process when accused of an infraction or misbehaviour that could lead to suspension or expulsion. This means that school officials must notify students of the charges against them and allow them to present their side of the story before a hearing officer. For example, students cannot be expelled for excessive absences without a due process hearing.
In the case of Goss v. Lopez (1975), the U.S. Supreme Court ruled that suspending students without a hearing violated their due process rights. The First Amendment also protects students' free speech rights, as seen in Tinker v. Des Moines Independent Community School District (1969), where the court ruled that students' passive self-expression was protected. Additionally, students have the right to privacy, as seen in New Jersey v. T.L.O. (1985), which considered when searches of students are reasonable.
At Bowdoin College, the student disciplinary process includes formal and informal hearings. Minor violations are typically addressed through informal hearings with a Conduct Officer, while more serious violations may be referred to a Formal Hearing before the Conduct Review Board and Presiding Dean. Students can seek legal advice and help from organisations like the American Civil Liberties Union (ACLU) and the U.S. Department of Education if they believe their rights have been violated.
Colleges and universities have their own disciplinary systems, which differ from legal-judicial structures. While students retain their civil rights, they must also recognise that the university is a private enclave with its own obligations and privileges. For instance, the University of Chicago specifies that its disciplinary procedures are not "courts," and individuals involved are not "counsel." Students accused of misconduct must appear before a disciplinary committee and participate truthfully and candidly.
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Campus-conduct boards and their legal standing
Campus-conduct boards, also known as student disciplinary systems, are an important aspect of maintaining a safe and functional learning environment in colleges and universities. While these boards play a crucial role in addressing student misconduct, it is important to understand their legal standing and how they differ from the judicial system.
Firstly, it is essential to recognise that campus-conduct boards are not courts of law, and their procedures are distinct from legal proceedings. University disciplinary systems operate within the framework of the educational institution's regulations and policies, addressing incidents that fall under their jurisdiction. These boards are typically comprised of college administrators, students, and faculty volunteers, who may have limited or no legal training. As such, their decisions are based on the interpretation of university policies rather than legal statutes.
The primary goal of these campus-conduct boards is to ensure fairness and uphold the standards of behaviour expected of students. They handle a range of issues, from minor violations of community standards to more serious offences such as academic dishonesty, vandalism, and breaches of university policies. In some cases, they may even address unlawful discrimination, sexual misconduct, and other forms of violent behaviour. However, it is important to note that their authority does not supersede that of the civil or criminal justice system.
While campus-conduct boards have the power to impose sanctions, including expulsion, their decisions do not carry the same weight as legal rulings. Students retain their constitutional and civil rights throughout the disciplinary process and can seek external legal advice or involve law enforcement if they believe their rights have been violated. Additionally, the procedures of these boards may vary across different educational institutions, with some allowing for informal hearings, while others follow more formal processes.
In terms of legal standing, campus-conduct boards operate within the private enclave of the university. While they are not bound by the same rules as courts of law, they are subject to certain federal, state, and local laws that protect the rights of students. For example, federal student-privacy rules allow colleges to release the names of students found responsible for violent crimes, while also granting students the right to privacy in other cases. Additionally, laws such as the First Amendment protect students' free speech rights, which extend to the publication of student newspapers and participation in school-sponsored activities.
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Disciplinary records and privacy
Disciplinary records at colleges are subject to specific privacy laws and regulations. In the United States, the Family Educational Rights and Privacy Act (FERPA) of 1974 protects the privacy of student education records, including disciplinary information. When a student turns 18 or attends a postsecondary institution, the rights under FERPA transfer from the parent to the student, making them the "eligible student". FERPA grants eligible students the right to access their education records, request corrections, and control the disclosure of their records to third parties.
Colleges and universities typically maintain disciplinary records in accordance with FERPA and other applicable laws. These records are generally kept confidential and are not publicly accessible. Only authorised individuals, such as certain administrators or designees, are permitted to review and handle student disciplinary records. Additionally, colleges may have their own policies and procedures regarding disciplinary record retention and privacy.
For example, Bowdoin College's student disciplinary process mentions the publication of aggregate data regarding charges and outcomes from Formal Hearings, excluding specific individual identification unless permitted by federal or state law. The college also reserves the right to revoke a degree if it was obtained through fraud, deceit, or academic dishonesty. The University of Chicago, on the other hand, emphasises that its disciplinary procedures should not be equated with legal processes. It highlights that individuals involved in a disciplinary proceeding are not considered "counsel" and that requests for review are not considered "appeals," maintaining a distinction between university disciplinary systems and legal-judicial structures.
It is important to note that colleges may have different practices regarding the retention period of disciplinary records. While some institutions adhere to a standard timeframe, such as seven years from the date of the incident, others may retain records for a longer period, especially in cases of expulsion or unresolved matters. Students concerned about the privacy of their disciplinary records should refer to their college's specific policies and guidelines, as well as understand their rights under applicable privacy laws like FERPA.
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The role of school officials
School officials have the authority to limit certain rights of students, such as free speech, if they have reason to believe that the exercise of these rights will disrupt school activities or infringe upon the rights of other students. For instance, schools can regulate lewd or disruptive speech. Additionally, school officials may conduct searches of student belongings if they have reasonable suspicion of violations of school rules or laws, as protected by the Fourth Amendment.
In cases of student misconduct, school officials initiate disciplinary proceedings, which may include informal hearings, formal hearings, or referrals to specialised programs. They may also involve law enforcement when criminal activity occurs on campus. However, it is important to note that the disciplinary procedures of educational institutions are not equivalent to legal proceedings, and the individuals involved in these proceedings are not considered "courts" or "counsel".
In the context of colleges and universities, the disciplinary process may involve college administrators, students, and faculty volunteers serving on conduct review boards or disciplinary committees. These boards have the authority to impose sanctions, including expulsion, for violations of college policies and regulations. While college disciplinary boards can address a range of offences, they have been criticised for imposing slight penalties for serious crimes, including violent acts.
To ensure fairness and transparency, school officials are often responsible for publishing aggregate data regarding disciplinary charges and outcomes, while maintaining the privacy of individuals involved. Additionally, they may be required to release certain records related to disciplinary proceedings, particularly in cases of violent offenses, to comply with state laws and ensure accountability.
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Frequently asked questions
College disciplinary boards are responsible for addressing student misconduct and upholding the standards of behaviour expected of students. They can impose sanctions, including expulsion, for violations of university policies and regulations.
College disciplinary boards typically consist of college administrators, faculty members, and student volunteers. These individuals act as judge and jury in private proceedings, but they are not lawyers and may have little to no legal training.
College disciplinary boards are not courts of law, and their procedures differ from legal-judicial processes. However, they must respect students' constitutional and civil rights, and their decisions may be subject to review or appeal through formal legal channels. Additionally, colleges are generally required to release disciplinary records, especially in cases of violent offenses, although the level of transparency varies across institutions.
