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Newsgroups: alt.comp.acad-freedom.talk,comp.admin.policy,misc.legal,alt.society.civil-liberty
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Re; Brack Expulsion. What Happened?
Message-ID: <1991Nov23.193050.15133@eff.org>
Organization: The Electronic Frontier Foundation
References: <1991Nov13.215045.3194@eff.org>
Date: Sat, 23 Nov 1991 19:30:50 GMT
Lines: 52

Here is information from another monograph:

_Procedural due process guidelines for disciplinary hearings resulting
in suspension or expulsion in higher education_ by Ernest T. Buchanan
III. Published by Education/Law Research Associates, 1972

[...]

6. Notification of Charges and of the Hearing
[...]

The notice of charges must identify the person against whom charges
are bing brought, describe the proscribed conduct, set forth the text
of university regulations upon which the charges are based,{56} and
conclude with the statement that the described conduct is believed to
violate the cited regulations.

[...]

12. Findings of Fact and Violation; Determination of Guilt
or Innocence; Notification of Decision

Once the evidentiary hearing has been completed, the recording of the
proceeding should be reviewed, and a written set of findings of fact
should be prepared by the chairman of the board or the hearing
examiner.{72}
[...]

These findings of fact, together with the record of the testimony given
at the hearing, are used by the fact finder to determine whether or
not the student is guilty or innocent of the conduct charged.
[...]

Findings of fact, the determination of guilt or innocence, and the
penalty, if any, should be reduced to a written report, and this
report must be delivered to the student at the earliest possible
time.{77}

[References]

{56} _State ex rel Sherman_, p. 826; _Dixon_, 294 F. 2d 150, p. 158;
_Buttney, p. 288.

{72} _Speake_, 317 F. Supp. 1253, p. 1257; _Siegal_, p. 826;
_Esteban_, 277 F. Supp. 649, p. 651.

{77} _Speake_, 317 F. Supp. 1253, p. 1257; _Esteban_, 277 F. Supp.
649, p. 651. Examples of finding of fact are set out in _Wassoon, 284
F. Supp. 936, pp. 947-948; _Counts_, 312 F. Supp 598, p. 604.
-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.