Premium
Academic and disciplinary dismissal in dental education: the legal basis
Author(s) -
Moore RN,
Nash DA,
Andes JO
Publication year - 1980
Publication title -
journal of dental education
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.53
H-Index - 68
eISSN - 1930-7837
pISSN - 0022-0337
DOI - 10.1002/j.0022-0337.1980.44.12.tb01424.x
Subject(s) - dismissal , discretion , discipline , institution , law , political science , process (computing) , good faith , action (physics) , psychology , computer science , physics , quantum mechanics , operating system
The courts have traditionally granted universities absolute discretion in determining whether a student has met the academic requirements of the institution and have not interfered in dismissals unless there was a clear indication that the action was arbitrary, capricious, or in bad faith. Recent court cases are cited that indicate that the courts are now beginning to require that students be informed of academic (including clinical) deficiencies and be provided the opportunity to correct the problem. When the dismissal is for disciplinary rather than academic reasons, more procedural due process is required. Although a formal judicial hearing is unnecessary, the dental administrator should be given an opportunity to hear both sides of the issue in considerable detail and the student should be given the essential elements of procedural due process of law.