Term
| Anthony v. Syracuse (1923): |
|
Definition
| Student had limited contract right based on registration documents but signed away her rights and could be dismissed without explanation for “not being a typical Syracuse girl.” |
|
|
Term
| *** Bakke v. U. of Cal. (1976): |
|
Definition
| College could not set racial quotas in admission. Must use least restrictive means of obtaining diversity. (342 – The California court therefore held that the program operated unconstitutionally to exclude Bakke on account of his race and ordered that Bakke be admitted to the medical school. It further held that the Constitution prohibited the university from giving any consideration to race in its admissions process and enjoined the university from doing so.) |
|
|
Term
| ** Board of Regents v. Roth (1972): |
|
Definition
| No right to due process for teacher whose one year contract was not renewed. No property interest. 1 year contract – no right to due process. |
|
|
Term
| *** Board of Trustees v. Garrett (2001): |
|
Definition
| 11th amend. Immunity applies to ADA action Garrett demoted for taking leave of absence to fight breast cancer. But see more recent USSC case involving GA. Which held 11th immunity did not shield states from ADA suits which implicated a fundamental right (voting) or prisoners who needed special accommodations. |
|
|
Term
| Bradshaw v. Rawlings: (1979): |
|
Definition
| Demise of in loco parentis. School not liable for injury to drunk student at off campus party. |
|
|
Term
| Brown v. Board of Ed. (1954): |
|
Definition
| Racial segregation in education unconstitutional. |
|
|
Term
| Brown v. Wichita St. (1975): |
|
Definition
| 11th Amend immunity does not apply to shield athletic department form liability arising from plane crash as it was a for profit function. |
|
|
Term
| U of Denver v. Whitlock (1987): |
|
Definition
| Demise of in loco parentis. School not liable for trampoline injury by drunk gymnast. |
|
|
Term
| ** Dixon v. Alabama (1961): |
|
Definition
| Students entitled to due process in expulsion from public schools. |
|
|
Term
|
Definition
| “reasonable woman” standard for sexual harassment. |
|
|
Term
| ** Estaban v. Central Missouri (1967): |
|
Definition
| established the requirement of student due process rights. Notice and hearing. |
|
|
Term
| *** Garcetti v. Ceballos: USSC |
|
Definition
| Government employees do not have 1st amend freedom of speech when speech in capacity as employee. (p 243 – public employee made statements as part of official employment responsibilities. The court majority emphasized and relied on the distinction between speaking as an employee and speaking as a private citizen.) |
|
|
Term
|
Definition
| In loco parentis. College could ban students from going to a bar. |
|
|
Term
| *** Gratz and Grutter v. Bollinger (2003): |
|
Definition
Mich. could not use quotas for extra points for minority admissions, but could take race into consideration.
Grutter v Bollinger – rejected white applicants challenged the law school’s plan for affirmative action in admissions. Court reaffirmed the two basic points upon which a majority of the Justices in Bakke agreed: That rigid racial quotas are impermissible and that other, more flexible forms of racial preferences are permissible.
Gratz v Bollinger – rejected white applicants challenged a plan of the university’s undergraduate College of Literature, Science and the Arts. |
|
|
Term
|
Definition
| Court of appeals case. State does not have a compelling reason to achieve a diverse student body. Struck down race conscious admission to Texas law school. |
|
|
Term
| *** Horowitz v. Mo. Board of Curators (1978): |
|
Definition
| Academic abstention doctrine. (p 467 – The University of Missouri dismissed a medical student, who had received excellent grades on written exams, for deficiencies in clinical performance, peer and patient relations, and personal hygiene. The Supreme Court found it unnecessary to decide whether Horowitz had been deprived of a liberty or property interest. The school fully informed Horowitz of the faculty’s dissatisfaction with her clinical progress and the danger that this posed to timely graduation and continued enrollment. The ultimate decision to dismiss respondent was careful and deliberate. These procedures were sufficient under the due process clause of the Fourteenth Amendment.) |
|
|
Term
|
Definition
| Title VII violation. Words can create sexual harassment. Woman not granted tenure can sue for discrimination. No academic abstention. |
|
|
Term
| *** Kimel v. Florida. (1998): |
|
Definition
| 11th amend immunity from age discrimination cases. (p 142, 157 - ADEA - The Age Discrimination in Employment Act of 1967. The U.S. Supreme Court has rules that states and their agencies cannot be sued under the ADEA in federal court by private individuals. Wiki site: Kimel concerned the ability of Congress to abrogate the states' "sovereign immunity" using its power under the Fourteenth Amendment. The Kimel Court held that state sovereign immunity prohibits Congress from enacting laws that allow suits for money damages against states, when those suits are aimed against what the Court described as "rational" discrimination on the basis of age.) |
|
|
Term
| ** Levitt v. Texas (1985): |
|
Definition
| Set due process standards for termination from public colleges. Right to hearing before impartial panel, evidence, witnesses, etc. Faculty/employee due process. |
|
|
Term
|
Definition
| State could deny aid to theology student. |
|
|
Term
|
Definition
| Student could be disciplined for wearing “Bong hits for Jesus” tee shirt at off campus school sponsored event. |
|
|
Term
| *** NLRB v. Yeshiva (1979): |
|
Definition
| Faculty at private colleges are “management” and may not unionize and private college not subject to federal collective bargaining provisions. (p 198 – 200: The faculty exercises ‘managerial’ authority because of their absolute authority over academic matters, such as which courses would be offered and when, the determination of teaching methods, grading policies, and admission standards and admissions, retention and graduation decisions.) |
|
|
Term
| ** Perry v. Sinderman (1972): |
|
Definition
| Faculty have a property right to a hearing when not renewed after a series of multiple one year contracts. “Custom and Usage” may create a property of liberty interest. De facto tenure case. |
|
|
Term
| Pickering v. Bd. Of Ed. (1968): |
|
Definition
| High school teacher has 1st amend right of free speech when criticizing Board in news paper article. But see Garcetti, a more recent case. (p. 240 – The U.S. Supreme Court determined that the teacher’s letter addressed a mater of legitimate public concern. The court then balanced the teacher’s free speech interests against the state’s interest in maintaining an efficient educational system, using what is referred to as the Pickering balancing test.) |
|
|
Term
| Plessy v. Ferguson (1896) |
|
Definition
|
|
Term
| ** Rendell Baker v. Kohn (1982): |
|
Definition
| Personnel action is not “State Action” when it involves a private school. Private school was not a state actor just because it was teaching drug education program under state grant. Faculty not entitled to due process. |
|
|
Term
|
Definition
| Academic abstention and ADA. Court would defer to college concerning whether hearing was a critical function for a nursing student. |
|
|
Term
| *** Tarasoff v. U of Cal. (1976) |
|
Definition
| : School has a duty to tell student of specific threats by person receiving counseling. (p 126, 419-420 – If administrators or faculty know that the student is potentially dangerous and that student subsequently injures someone, negligence claims and tort claims may arise. School & administrators have a duty to warn the potential target.) |
|
|
Term
| Tinker v. Wichita St. (1975): |
|
Definition
| Student who wore black arm band entitled to free speech. But see Moore v. Frederick which held that schools could limit student conduct. “Bong hits for Jesus” tee shirt. |
|
|
Term
| Trustees of Dartmouth v. Woodard (1819): |
|
Definition
| US Sup Ct. Affirmed the right of private colleges to be separate from state control. |
|
|
Term
| *** Urofsky v Gilmore(2000): |
|
Definition
| deeply inhospitable to faculty academic freedom in research. Involved faculty members from using state-owned or-leased computer equipment to access sexually explicit material without prior approval from the head of the agency for which the employee works. (P. 258, 281 - 287 - The case decision rejected the professors’ free speech and academic freedom claims. It did acknowledge that other claims might validly arise when the Virginia statute’s provision on prior approval for research with sexually explicit content is applied to individual cases.) |
|
|
