Higher education has long benefited from student activism 和 historical movements, including how colleges 和 universities attend to issues of student misconduct. 迪克森v. 阿拉巴马州教育委员会 has become the benchmark for student conduct cases. In a l和mark decision reversing a lo判例法的历史, the court held that the right to a state-supported education cannot be taken away from an individual without due process of law. The concepts, safeguards 和 requirements articulated in the Declaration of Student 权利 和 责任 inform how our university-wide conduct system operates today.
The bravery of Joseph Peterson, Bernard Lee, St. 约翰·迪克森，爱德华·E. 琼斯, 莱昂大米, 霍华德·希普曼, 埃尔罗伊胚, 詹姆斯·麦克法登和玛泽特·沃茨, 和 others involved in the 1960 sit-ins, remind us that the fundamental right to due process 和 free expression must be protected. UNH affirms its commitment for students to safely exercise their rights (or not) under the First Amendment as expressly stated in the University’s Freedom of Expression Policy 和 Guidelines on Peaceful Dissent.
“学生静坐组织者被驱逐” – Voices of the Civil 权利 Movement (Feb 25, 2017)
迪克森v. 阿拉巴马州教育委员会, 1961
受博士激励. 马丁·路德·金.’s words in an interview on February 22, 1960, 35 Alabama State College students conducted a sit-in on February 25, 1960, at a segregated lunchroom located in the Montgomery County courthouse in protest of the Whites-only policy.
在静坐之后不久, 阿拉巴马州州长约翰·帕特森, ordered Alabama State College president, 哈珀理事会特伦霍尔姆, to expel any student involved in the sit-in. Governor Patterson threatened future institutional funding 和 declared that “…the citizens of this state do not intend to spend their tax money to educate law violators 和 race agitators…” In statements to the press, Governor Patterson said that his dem和 for expulsion of Alabama State College students was aimed primarily at the “ringleaders” of the protests.
经过一周的抗议, Governor Patterson bypassed President Trenholm 和 directed the 阿拉巴马州教育委员会 to expel nine students 和 put twenty on probation for participating in the protests. 2月25日, 1960, nine students were summarily expelled from Alabama State College for engaging in a sit-in to confront segregation at the Montgomery County courthouse.
The Board sent letters to the students claiming the right to expel them without notice or a hearing under the College’s in loco parentis authority for “Conduct Prejudicial to the School 和 for Conduct Unbecoming a Student or Future Teacher in 学校 of Alabama, 不服从命令和暴动, or for Inciting Other Pupils to Like Conduct”. The court transcript revealed that members of the Board voted to expel the students for violating state segregation laws of Alabama: Separation of Race in Public Ordinance.
The expelled students challenged the decision in court; however, the litigation did not focus on segregation. The College’s procedural violations were more relevant than the students’ motivations to challenge separate but equal practices at the courthouse. In 迪克森v. 阿拉巴马州Bd. Ed的., 294 F.2d 150(第5章. 1961),证书. 拒绝，368 U.S. 930 (1961), the Fifth Circuit held that students attending public universities had a protected interest in remaining in good st和ing 和 completing their education, 和, 因此, were entitled to a minimum level of due process protections prior to being expelled for misconduct.
作为一个公共机构, students enrolled at UNH are afforded, 至少, the following protections to meet the principle of fundamental fairness:
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Notice outlining the allegations 和 specific charges that may have violated a rule or policy.
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公正公正的听证会.
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An opportunity to prepare, be heard 和 speak in one’s own defense.
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The results 和 findings of the hearing presented in a written report open for the student to inspect.
learn more about the 1960 sit-ins here:格林斯博罗的午餐柜台
引用:
Castleberry F. (1960年2月29日). Governor’s expulsion orders aimed primarily at sitdown ringleaders. 阿拉巴马州日报》.
ASU Student Sit-In 新闻paper Clipping File Collection. 档案部门., Alabama State University, Montgomery, AL.
海恩斯,D., & 英格拉姆,B. (1960a, 2月26日). Expel Negro sitdowners, college told: Alabama State president given m和ate in governor’s office. 蒙哥马利广告商.
ASU Student Sit-In 新闻paper Clipping File Collection. 档案部门., Alabama State University, Montgomery, AL.
诉讼记录. (1960年8月22日). 迪克森案庭审记录. 阿拉巴马州教育委员会.
National Archives (Transcript of Record for 迪克森v. 阿拉巴马州教育委员会, 5th Cir.)，德克萨斯州沃斯堡.
