No. 24-6943

Noah Duncan v. The Curators of the University of Missouri, et al.

Lower Court: Eighth Circuit
Docketed: 2025-04-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: disciplinary-procedures due-process ferpa first-amendment fourteenth-amendment student-rights
Key Terms:
AdministrativeLaw ERISA SocialSecurity DueProcess EducationPrivacy
Latest Conference: 2025-05-29
Question Presented (from Petition)

Regarding [FERPA] 20 U.S.C § 1232g(a)(lXA):
I. Does 20 U.S.C § 1232g(a)(l)(A) use "rights-creating language " to infer that a
student has a right to receive his or her records from an educational institution
within 45 days?

Regarding the First Amendment:
II. Does the First Amendment prohibit a public university from using a student 's
disciplinary history at a private institution to compound sanctions against him or
her, particularly when that disciplinary history solely concerns the use of his
constitutionally protected speech?

Regarding the Fourteenth Amendment:
III. Do public school students have a protected right under due process to be heard in
a meaningful time and manner?

IV. Do public school students have a protected right under due process to
cross-examine another student when that student 's testimony is in controversy?

V. Does the Fourteenth Amendment 's Due Process Clause require a public university
to provide meaningful notice to a student before suspension, investigation,
interrogation, and or his or her hearing?

VI. Does the Fourteenth Amendment 's Due Process Clause prohibit a public
university from arbitrarily violating its own established procedures for student
disciplinary actions?

VII. Do university disciplinary actions based on vague and unsupported allegations
violate a student 's constitutional rights to procedural fairness and equal
protection under the law?

Question Presented (AI Summary)

Whether a public university can use a student's disciplinary history from a private institution to impose sanctions, particularly when the history involves constitutionally protected speech, and whether students have due process rights to meaningful notice, cross-examination, and protection against arbitrary disciplinary actions

Docket Entries

2025-06-02
Petition DENIED.
2025-05-14
DISTRIBUTED for Conference of 5/29/2025.
2025-04-14
Waiver of right of respondents The Curators of the University of Missouri, Julie Drury, Kelsey Forqueran, Mark Kuhnert, Lea Brandt, Seth Huber, Breanne Meyer, Evan White, John Middleton, Paula Barrett. to respond filed.
2025-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2025)

Attorneys

Noah Duncan
Noah J.R. Duncan — Petitioner
The Curators of the University of Missouri, Julie Drury, Kelsey Forqueran, Mark Kuhnert, Lea Brandt, Seth Huber, Breanne Meyer, Evan White, John Middleton, Paula Barrett.
Clayton L. ThompsonFord, Parshall & Baker, LLC, Respondent