Preview

Academic Dismissal Case Study

Powerful Essays
Open Document
Open Document
1492 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Academic Dismissal Case Study
Student Rights in Academic Dismissal
In 1787, Thomas Jefferson wrote “Above all things, I hope the education of the common people will be attended to; convinced that on their good sense we may rely with the most security for the preservation of a due degree of liberty” (Tanner & Tanner, 1995, p. 4). Jefferson theorized that indifference to education puts liberty and self-governance in peril. Education could provide each individual the opportunity to gain knowledge in order to promote self-governing and freedom (Tanner & Tanner, 1995).
Throughout the development of education in the United States, individuals have extolled the need for protection from political forces seeking conformity in the realm of ideas. This protection has been of particular importance during those times when the educational goals may have been more a reflection of the political policies of those in power, rather than the advancement of new theories or ideas (American Association of University Professors, 1970).
Students at academic institutions have the same rights and protections under the United States Constitution as other citizens. The Constitution applies to everyone, regardless religion, color, age or race. The
…show more content…
However, when academic dismissals do occur, individual students can hope for conscientious courts, academic institutions, and well informed administrators. Administrators must decide issues rationally to ensure that their actions are not arbitrary or capricious towards students. In Goss v. Lopez (1975), the Supreme Court held that students are entitled to “‘oral or written notice of the charges against [them]and, if [they] den[y the charges], an explanation of the evidence the authorities have and an opportunity to present [their] side of the story.” Any academic institution failing to meet this standard in either a disciplinary or academic perspective will result in courts dispensing with academic

You May Also Find These Documents Helpful

  • Good Essays

    Bethel V Fraser

    • 663 Words
    • 3 Pages

    On April 26, 1983, Matthew Fraser gave a speech nominating another student for an elected position. The speech was given to about 600 fourteen year olds that chose to attend this assembly. The speech contained sexual innuendo. Before giving the speech Fraser received advise from several teachers that he should change the speech or not give one at all. But he refused to take their advice (2). The next day, he was called in to an administrative office and was suspended for three days and was told he would not be able to give his speech during graduation even though he was at the time the salutatorian. The family of Fraser filed a grievance with the Pierce County school board, but the officer upheld the suspension. In response, to that decision Matthew’s father filed a case against the school district. The District Court ruled that the student’s First Amendment right was infringed upon. The students was awarded a monetary judgment and allowed to give his graduation speech. Later, the Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court (4). Later, the US Supreme Court reversed the Court of Appeals in a 7-2 vote to reinstate the suspension, saying that the school district's policy did not violate the First Amendment (3).…

    • 663 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The majority opinion claimed that the principal did the right thing in removing the pages before printing. It argued that it did not violate student’s rights, but on the other hand it protected the parents in the divorce article and the identities in the pregnancy article. By protecting the rights of others, he was also protecting the rights of those individual students mentioned in the articles and the school’s image. The minority opinion claims that the articles removed still represented individual student views. Those who argued the dissenting opinion justified it by expressing concern over what permitting censorship will do in the long run. For instance, if censorship was permitted in this case, it would set a precedent for general student censorship with…

    • 938 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Sloviter. (2007). Kunda v. Muhlenberg College, 621 F.2d 532 (3rd Cir. 1980). In W. A. Kaplin & B. A. Lee, Cases, problems, and materials for use with the law of higher education: Student version (4th ed., pp. 54, 196-211). Washington, DC: National Association of College and University Attorneys.…

    • 621 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Barber talked about liberty and freedom in his essay for this very reason. He stresses the importance of the youth knowing the government and its actions so that they will become interested in the topic later in life. He wants us to ignore Henry’s elite plan because if America allows that plan to go into action, then there would be no democracy, no freedom, and no free critical thinking. He remind us of how Thomas Jefferson and John Adams both warned the citizens of the United States about the problems that would follow if the population was uneducated. Benjamin R. Barber’s essay, “America Skips School” is superior to that of William A. Henry’s essay, “In Defense of Elitism”, because Barber reminds his readers that without a well-educated society then America would cease to exist the way as we know it. He warns us that if we disregard education and put it on the back burner then we will be unable to think for ourselves and the government will take control of what we do not know. Barber believes that by allowing the population to have the opportunity to higher education, then American democracy will be much stronger in the future than it is in the present day. The American citizens need to realize how good they have it and take advantage of all opportunities that they are proposed because one day all of that could be taken away in the blink of an…

    • 1329 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Amid 1801, when President Jefferson was chosen as the third leader of the United States of America. He was viewed as a man of the general population and a man of riches, in which he was more for individuals who were rich and had property. Which in actuality prompts President Jefferson capabilities for the privilege to vote, and it was only that they must be men who possess property. A man of riches he was, yet President Jefferson was additionally an exceptionally taught man. In a scholarly diary, it is said that "Thomas Jefferson's vision of republicanism was fundamentally reliant on a majority rule and meritocratic vision of training—instruction for the general citizenry and advanced education for the individuals who might administer" (Holowchak, 2013, p. 1).…

    • 1087 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Jefferson and Jackson also had differing views on education. Jefferson believed that an educated nation could govern itself, which is evident in his passing of “The Bill of Education”, which would help the less wealthy people receive an education. He felt that elementary school was the most important part of an education. On the other hand, Jackson felt that public education made…

    • 657 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Education is a major part of being an American. Eacher person wants to a contributor to society, and that is only possible through knowledge. A person’s mind can hold endless amounts of ideas or thoughts; there is no limit. Education is taken so seriously in America because “the free exploring mind of the individual human is the most valuable thing…

    • 825 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Brief 1

    • 352 Words
    • 2 Pages

    Facts: Petitioner law student was placed on academic probation after her first year of law school. A year later, having failed to maintain a minimum cumulative average as required by respondent law school's rules, she was dismissed after a hearing of respondent's academic status committee. She sought reinstatement in an action under N.Y. C.P.L.R. 78 alleging that the decision was arbitrary and capricious, and that her poor academic performance was due to three professors' irrational testing and grading procedures. She argued that the committee failed to give sufficient weight to various personal factors and that the dismissal was in retaliation for complaining about her professors.…

    • 352 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    FIRE Website Analysis

    • 363 Words
    • 2 Pages

    The Foundation for Individual Rights in Education is an organization based in Philadelphia and it established in 1999 by Alan Charles Kors and Harvey Silverglate. The purpose of this organization is to secure the individual rights at college campuses in America. This website is built to educate students about their individual rights because our rights are getting taken away by others. The FIRE websites is there to enlighten people about the common issues that students might be facing in colleges and universities. There are many college professors who are using this website just to inform students about their individual right and the importance of first amendment. Professors are also targeted by this websites because they raise their voice for…

    • 363 Words
    • 2 Pages
    Satisfactory Essays
  • Best Essays

    Freedom of Speech at College

    • 2747 Words
    • 11 Pages

    Universities are considering adopting speech codes that would put a ban on offensive, demeaning, and provoking speech. The developments of these speech codes are not necessary. Sheltering students from speech that might offend them is patronizing to say the least. Do college officials really believe the students are too weak to live with the Bill of Rights? The fact of the matter is that speech codes on college campuses are threatening students’ freedom of speech and the free exchange of ideas and therefore have no place in higher education.…

    • 2747 Words
    • 11 Pages
    Best Essays
  • Good Essays

    Dewey & Education

    • 745 Words
    • 3 Pages

    Throughout the reading of Democracy and Education, the main point seems to be that if education is a social system, and that there are a multitude of societies with different goals and governing rules, then to have one education system is to operate under the assumption of one ideal society. Dewey goes about demonstrating this idea by highlighting three different educational theories and then examining them from that position. He discusses the educational philosophies of Plato, the eighteenth century, and the nineteenth century under the context of what each society held to be its driving values. Dewey concludes his argument by stating that education in a democracy is the “freeing of individual capacity in a progressive growth directed to social aims” (Dewey, 1916, p. 20). In other words, in order for a democracy to create an educational system without contradicting its founding principles, education must not only provide knowledge for an individual, but that it must also help each individual to grow in a sense that betters the group as a whole.…

    • 745 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The education of the young is, therefore, Aristotle says, a matter which has a paramount claim upon the attention of the legislator. The superintendence of such education, he further says, should be a public affair rather than in private hands. And it is not right to suppose that any citizen is his own master in this regard, but rather that all belong to the state; for each individual is a member of the…

    • 535 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Academic freedom deals with concern that faculty members’ freedom of inquiry is extremely important as far as academics are concerned. Academic principles are vital and educators should possess the freedom to communicate and pass on facts and opinions. There should also be free communication of facts and ideas that sound unpleasant to the authorities and political associations. Educators should not be imprisoned, expelled from their jobs, or repressed.…

    • 567 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Power of Education

    • 3457 Words
    • 14 Pages

    The focus of this essay is to expand on the concept of social power and education. The phrase "social power" has been used by political scientist and philosophers to refer to the power that is exercised by individuals or groups within a society. The question of power in the educational context has troubled educators, off and on, for years. Ambitious students have attempted to change the landscape of education by injecting the power of the student body into the contemporary political thinking of college presidents and faculty.…

    • 3457 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    Value Based Education

    • 837 Words
    • 4 Pages

    The United States has been making a deliberate movement from teaching basic academics. A national campaign to “fix” the schools has been taking place for over a decade. The shift has been from academic education (1880 – 1960) to values-based education today. In 1947, National Education Association (NEA) leader William Carr clearly stated this new agenda when he wrote in the NEA Journal: “The teaching profession prepares the leaders of the future…. The statesman, the industrialist, the lawyers, the newspapermen…all the leaders of tomorrow are in schools today.” Carr also wrote: “The psychological foundations for wider loyalties must be laid. Teach those attitudes which will result ultimately in the creation of a world citizenship and world government… we can and should teach those skills and attitudes which will help to create a society in which world citizenship is possible,…

    • 837 Words
    • 4 Pages
    Good Essays