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11 J.C. & U.L. [i] (1984-1985)

handle is hein.journals/jcolunly11 and id is 1 raw text is: THE JOURNAL OF COLLEGE AND UNIVERSITY LAW Volume 11 SUMMER 1984 Number 1 ARTICLES Legalization in the Academy: Higher Eduction and the Supreme Court ...................... Michael A. Olivas and Kathleen McCartan Denison In the 1981-82 term, the Supreme Court decided twenty-two cases involv- ing education issues, six of which portend significant implications for higher education law and administrative policy-Mississippi Women's University v. Hogan, in which a male was ordered to be admitted to a female-only nursing program; Plyler v. Doe, in which undocumented children were ordered to be admitted without tuition to public schools in Texas; Toll v. Moreno, in which a Maryland residency statute was found to be unconstitutional; Washington v. Chrisman, in which a dormitory search yielded evidence for a drug charge; Widmar v. Vincent, in which a student religious group was allowed to hold worship ceremonies in a public building; and North Haven v. Bell, in which the Court clarified the extent to which Title IX bars sex discrimination in academe. While the Court also decided cases that in all likelihood will prove to have significance for higher education, these six posed critical, highly com- plex, difficult issues that bear comment and suggest the scope of litiga- tion encountered by colleges and universities. The article analyzes these six cases for their holdings and reasoning, examines the policy implica- tions, proposes preliminary suggestions for framing administrative re- sponses to litigation, and recommends policy considerations for antici- pating litigation. Scientific Misconduct: Institutional Procedures and Due Process Considerations .......... Steven G. Olswang and Barbara A. Lee 51 Scientific misconduct includes the falsification of true discovery, theft of others' discoveries, or violations of accepted scientific procedcures in making discoveries. Few colleges and universities are presently prepared to address internally these issues which require impartial investigation, factfinding, and expert evaluation. This article examines the current literature and federal agency pronouncements on the subject of scientific misconduct, and suggests procedures institutions might consider adopt- ing. Particular attention is given to the due process that must be afforded faculty accused of such misconduct. BOOK REVIEW Marine Scientific Research and the Law of the Sea, by Alfred H. A. Soons ................. Linda A. Caruso 65

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