Student Misconduct at Private Colleges and Universities: A Roadmap for Fundamental Fairness in Disciplinary Proceedings
![handle is hein.journals/bclr42 and id is 665 raw text is: STUDENT MISCONDUCT AT PRIVATE
COLLEGES AND UNIVERSITIES: A
ROADMAP FOR FUNDAMENTAL
FAIRNESS IN DISCIPLINARY
PROCEEDINGS
Abstract: When called upon to review the disciplinary procedures of
private colleges and universities, courts have struggled to find a legal
theory upon which to base their reviews. Much of this struggle can be
attributed to the fact that, because the relationship between a student
and a university is unique, it is difficult to find an appropriate doctrinal
category. This Note analyzes the methods by which courts have reviewed
challenges to disciplinary proceedings in private colleges and
universities. Specifically, it examines the approaches taken by courts that
have reviewed private school disciplinary procedures, paying particular
attention to what these courts have recommended to avoid arbitrary
decisionmaking and to achieve basic or fuldamental fairness.
INTRODUCTION
On February 25, 2000, the Columbia University Senate, a legisla-
tive body comprised of faculty, students and administrators, voted
unanimously to enact a new Sexual Misconduct Policy and Discipli-
nary Procedure and to create an Office of Sexual Misconduct Pre-
vention and Education.1 The campaign for the new policy was spear-
headed by Students Active for Ending Rape (SAFER), a campus group
committed to a non-adversarial approach to student discipline and
the eradication of bureaucratic red tape in the disciplinary process.2
I See Resolutions of the Columbia Univerity Senat February 25, 2000, available at
http://vvwv.columbia.edu/cu/senate/resolutions/994-0/F022500.htiil [hereinafter Res-
olutions]. The entire text of the Policy is available on the web page of the Office of Sexual
Misconduct Prevention and Education at http://iwwtvcolumbia.edu/cu/sexuahiscon-
duct/policy.html. Interestingly, the resolution permitted each of Columbia's undergradu-
ate and graduate schools to elect to participate in this new Discipline Procedure-only the
Law School elected not to participate and continues to govern student conduct in accor-
dance with a resolution adopted by the Faculty of Law on December 8, 1989, as amended
inJune 1993 and on November 17, 1995. See Universi, and Law Sdool Regulations, available
athttp-//%vw.law.columbia.edu/academics/rules/UniirsityRegulatons.hmd.
2 SeeJaime Sneider, It's A Brave New World at Columbia U., N.Y. PosT, Oct. 6, 2000. The
campaign was also a response to federal and New York state law requirements that colleges](ViewImageLocal?handle=hein.journals/bclr42&div=25&collection=&method=preview&ext=.png&size=3)
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Student Misconduct at Private Colleges and Universities: A Roadmap for Fundamental Fairness in Disciplinary Proceedings
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