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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