Student Dismissals and Procedural Due Process

The Dean of The College of Engineering at a State University referred a student to

the faculty senate for an academic misconduct hearing. The allegations stated the
engineering student, Michael Jordan created a Facebook study group, where
engineering students could get homework help and discuss/post solutions to
homework problems. The department head stated that the professor stipulated on
his syllabus that students are only allowed to do independent work. The professor
spoke briefly with the student and informed the student that he would not be allowed
back into the class until further notice. Mr. Jordan stated that it was simply an
innovative study group and no different than an in person study group where peers
get together and collaborate.
Mr. Jordan went to speak to the College Dean to explain his side of the story and
make him aware that it was a misunderstanding that occurred. When Mr. Jordan
arrived at the Deans office, he was advised by Dean Pippens secretary that Dean
Pippen was in a meeting, would not be available and that a hearing was set for next
morning at 9:00 AM before the faculty Senate to resolve the matter.
Mr. Jordan appeared at the faculty senate hearing the next morning and he was told
that he was charged with 147 counts of academic misconduct. They also informed
him that these charges could lead to failing the course, a zero for his assignment,
dismissal from college and/or note placed on his permanent college transcript.
During the hearing Mr. Jordan became very distraught and stated he didnt
understand how serious this matter had become. He stated he needed to call and
inform his parents of this matter before he could answer any further questions. Mr.
Jordan was advised that he is not required to be at the hearing and, the hearing
would take place whether he continued to stay in the proceeding or not. Mr. Jordan
left the hearing and called his parents. The faculty senate made a ruling and a letter
of their decision was sent to his dormitory address.
Michaels parents called the institution the next morning and stated that they should
have been notified about this situation and they would be filing suit because their
son was denied due process and a right to have a lawyer present at the disciplinary
hearing.
At the time of these allegations Michael was a 17 years old freshmen in his first
semester at the State College. He took advance courses in High School and
graduated a year early and immediately enrolled in the Honors Engineering College.
When he enrolled at the University he was given a handbook. The Institutions
handbook states that all hearings comply with the Statutory Power Procedure Acts.
What are the legal issues involved in this matter?
1. Does the Jordan family have grounds for a legal lawsuit?
2. Did the institution have a responsibility to inform Michaels parents of this
matter?

3. Did Michael violate an academic misconduct issues with his Facebook

postings?
4. Does procedural due process apply to this case? If so how and why?
5. What would you do as the Dean?
6. What would you do as the State institution Faculty Senate?1

1 This scenario is fictions story based on some elements of a post from The
Chronicles of Higher Education 2010.