Last modified: 2016-05-26
Abstract
When a student is accepted and enrolled at one of the many colleges or universities in the United States, their primary focus is on the pursuit of a degree in higher education. Upon admission, the next several years will be spent enrolled as a student engaged in that pursuit. Little concern, if any, is given as to how that student might face severe sanctions by their institution as a consequence of their deeds, whether on or off the college or university campus.
For the most part, students do not realize that upon admission to an institution of higher education, certain commonly assumed civil liberties and rights may no longer exist in the relationship with their institution. Rights such as free speech, expression, association, procedural due process, and others, may be limited as a result of the institutional rules and regulations or a lack of understanding of the legal priciples involved in the institutional rules and regulations.
In recent years, several cases involving universities taking disciplinary action against students have brought attention to this issue. In light of these cases, and others, a debate has emerged as to the rights of students in relationship to the institutions of higher education in which those students are enrolled.
This article will review the current law in the United States with respect to the issue of student rights in higher education and institutional responsiblilities.