The Legal Aspects of Student Discipline in Higher Education.

The proliferation of court cases involving student discipline testifies to controversy over administrative procedures. Generally, a college's disciplinary policy is viewed as part of the learning process. Courts in the past have ruled favorably on the contractual theory which decrees that an entering student agrees to abide by certain university rules and regulations, especially in the case of private institutions. Courts have limited the concept of "in loco parentis," decreed that attendance at a college is a privilege, not a right, and made students responsible for lawful conduct. They have generally hesitated to interfere with scholastic affairs and college disciplinary processes unless there has been a clear violation of constitutional rights. Lack of due process has been the basis for most discipline cases brought into court. "Due process," however, has had many interpretations, "Equal protection" of the laws is also difficult to define. Examples of court cases testing various aspects of due process, and guidelines for public institutions are offered. (AF)