Noah Duncan v. The Curators of the University of Missouri, et al.
AdministrativeLaw ERISA SocialSecurity DueProcess EducationPrivacy
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?
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