Judicial Redefinition of State Action in Regard to Due Process Issues in Nonpublic Educational Institutions

Cover Judicial Redefinition of State Action in Regard to Due Process Issues in Nonpublic Educational Institutions
Judicial Redefinition of State Action in Regard to Due Process Issues in Nonpublic Educational Institutions
Murphy, Dennis Dailey, 1947-
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The most important recent case on point is Board of 59 Curators of the University of Missouri v. Horowitz . T h e plaintiff-student alleged denial of procedural due process prior to her dismissal for academic deficiencies from a public medical school. After dealing with the issue of the requisite constitutionally cognizable interests, the Court declared that in placing the student on academic probation pending improvement in clinical performance and in enlisting seven practitioners for her eval
...uation, the school afforded her at least as much process as she was due.
The Court noted also that the decisions of educational administrators in disciplinary matters are essentially dif- ferent from decisions in academic matters. The latter call for subjective judgment and expert evaluation for which judicial and administrative reviewing processes, appropriate in disciplinary matters since the vitiation of i n 1 oco parenti s , are inadequate. The Court thus reaffirmed, in the context of academic decisions, the traditional judicial restraint absent a clear showing of arbitrariness.


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