This is part 2 of my previous post. I want to delve a little deeper into the idea of a college or university sanctioning a student without constitutional due process.
I believe that every college or university has a Code of Conduct for its students and faculty that may provide sanctions up to and include expulsion/firing. Here’s an example from a university I graduated of the student code, focus on section 2.02, Conduct Prohibited.
There are a total of 30 items listed ranging from desecration of property to felonious activities. Below that, in section 3, are the adjudication processes, including penalties that may be imposed upon the student.
Note the first violation listed:
committing an act that would constitute a criminal offense under state, federal or municipal law;
This is the crux of the problem that I see. Nowhere in the remainder of the document does it explicitly denote that civil authorities would be notified. We’re talking about something that may be considered a felony.
Another university states that:
Actions under the Student Code of Conduct are administrative and not criminal in nature. Therefore, a student can be found responsible under the Student Code of Conduct even if the underlying conduct would not also constitute a criminal offense, and even if a prosecutor has determined not to prosecute as a criminal matter or the student has been found not guilty in a criminal proceeding.
So, under this provision, a person can be found administratively guilty, a notation of whatever the sanction is placed on their permanent transcript, even though there have been no criminal charges filed or even if there are, the person is found to be not guilty of the charges.
Tell me if this is fair treatment or not?