🚀 go-pugleaf

jp@tygra.Michigan.COM (John Palmer) writes:


>-----<BEGINNING OF LETTER>-------

>September 23, 1991

><NAME OF STUDENT DELETED>

>Dear Ms. <NAME DELETED>,

>Thank you for your letter of September 12, 1991. I believe that you 
>misunderstand the Student Due Process Policy. This policy applies 
>only when the University (or another charging party) seeks to discipline
>a student. "Discipline" consists of expulsion, suspension, probation, etc. 
[...]

=================================

Ohio State University used the same kind of Humpty Dumpty redefinition
of words when they expelled Steven Brack from the computer. (We are
not authorized to punish you, therefore the stuff we did to you must
not be punishment.) I'm confident that if such a case every got the
court, the University would lose.

- Carl

ANNOTATED REFERENCES

(All these documents are available on-line. Access information follows.)

=================
law/goss-v-lopez.fischer
=================
Comments from _Teacher's and the Law_, 3rd edition, by Louis Fischer,
et al. Published in 1991 by Longman. It reports that the Supreme Court
says that some modicum of due process is necessary unless the matter
is trivial or there is an emergency.

=================
law/goss-v-lopez.mnookin
=================
Comments from _In the Interest of Children_, R. Mnookin (Ed.),
Franklin E.  Zimring and Rayman L.  Solomon (Contrib. Authors). It
reports that the Supreme Court says that some modicum of due process
is necessary unless the matter is trivial or there is an emergency.
Also,

=================
law/constraints.constitutional
=================
Comments from _A Practical Guide to Legal Issues Affecting College
Teachers_ by Partrica A. Hollander, D. Parker Young, and Donald D.
Gehring.  (College Administration Publication, 1985).  Discusses the
constitutional constraints on public universities including the
requires for freedom of expression, freedom against unreasonable
searches and seizures, due process, specific rules.

=================
cases/brack@acs.ohio-state.edu
=================
All the early notes from CAF-talk related to Steven Brack, Ohio State,
and Academic Computer Services.

=================
cases/brack@ohio-state.edu
=================
The letters from Ohio State University to Steven Brack including his
letter of dismissial. Also comments on the letters.

=================
=================

These document(s) are available by anonymous ftp (the preferred
method) and by email. To get the file(s) via ftp, do an anonymous ftp
to ftp.eff.org (192.88.144.4), and get file(s):

  pub/academic/law/goss-v-lopez.fischer
  pub/academic/law/goss-v-lopez.mnookin
  pub/academic/law/constraints.constitutional
  pub/academic/cases/brack@acs.ohio-state.edu
  pub/academic/cases/brack@ohio-state.edu

To get the file(s) by email, send email to archive-server@eff.org.
Include the line(s) (be sure to include the space before the file
name):

send acad-freedom/law goss-v-lopez.fischer
send acad-freedom/law goss-v-lopez.mnookin
send acad-freedom/law constraints.constitutional
send acad-freedom/cases brack@acs.ohio-state.edu
send acad-freedom/cases brack@ohio-state.edu
-- 
Carl Kadie -- I do not represent EFF; this is just me.
 =kadie@eff.org, kadie@cs.uiuc.edu =