Andrews v. Knowlton, 367 F. Supp. 1263 (S.D.N.Y. 1973), aff'd 509 F.2d 898 (2d Cir. 1975).
Much litigation in the past has dealt with the rights of college students. It was the landmark decision of Dixon v. Alabama State Board of Education which first held that procedural due process was to be applied to the disciplinary actions of colleges and universities. Following that decision, the courts generally have adopted a standard of fairness and reasonableness when considering whether or not a student's rights to due process were violated. The cumulative effect of the litigation which followed Dixon manifests itself in the 1969 decision of Esteban v. Central Missouri State College. In that decision the court held that the following criteria should be met in order to comply with the requirements of due process:
- the accused must be given adequate notice, in writing, of the specific allegation lodged against him/her and the nature of the supporting evidence;
- the accused shall be given an opportunity to be heard;
- there must be substantial evidence to support the action.
Although the courts are not compelled to adhere strictly to the criteria set forth in Esteban, it is evident that they are quite concerned with affording college students protection under the safeguard of due process.
Kosanovich, Daniel N.
"Military Institutions: Due Process for Cadets,"
University of Dayton Law Review: Vol. 1:
1, Article 11.
Available at: https://ecommons.udayton.edu/udlr/vol1/iss1/11