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38 J.C. & U.L. 567 (2011-2012)
The Ethical and Educational Imperative of Due Process

handle is hein.journals/jcolunly38 and id is 589 raw text is: THE ETHICAL AND EDUCATIONAL IMPERATIVE OF DUE PROCESS GARY PAVELA* AND GREGORY PAVELA ** INTRODUCTION .................................................567 I. STUDENT CONDUCT AND DUE PROCESS: A HISTORICAL PERSPECTIVE ........................................ .......569 A. Student Conduct and Due Process in European Institutions ...569 B. Student Conduct and Due Process in American Colleges and Universities ........................................572 C. The UC-Berkeley Experience .................. .....575 II. DIXON AND Goss: DUE PROCESS AS A THINKING STRATEGY ..........580 III. DUE PROCESS AND STUDENT ENGAGEMENT............. .......589 A. Hearing Committee Procedures ............ .........590 B. Student Participation in Institutional Government ...................591 IV. CHALLENGES TO THE DUE PROCESS REVOLUTION ....... .....595 A. Due process and the Public/Private Distinction......................595 B. Looking Beyond Minimal Due Process ......... ........603 i. Due Process and Social Science Research ..................608 ii. Lessons from the Duke Lacrosse Case.......................611 C. Due Process and Campus Safety ................ .....612 V. CONCLUSION ................................. .....626 For the legal order, after all, is an accommodation. It cannot sustain the continuous assault of moral imperatives, not even the moral imperative of 'law and order'. . . [The] highest morality almost always is the morality ofprocess. INTRODUCTION In 2006, Wendy Murphy (Adjunct Professor of Law at the New England School of Law and a CBS News legal analyst) wrote a law review article titled Using Title IX's Prompt and Equitable Hearing Requirements to Force Schools to Provide Fair Judicial Proceedings to * Director of Academic Integrity at Syracuse University and Fellow of the National Association of College and University Attorneys (NACUA). ** PhD candidate in sociology at the University of Florida. 1. ALEXANDER M. BICKEL, THE MORALITY OF CONSENT 120, 123 (1975).

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