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Due Process of the 14th Amendment

The Due Process Clause of the Fourteenth Amendment states that no state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. In the Board of Curators of the University of Missouri v. Horowitz (1978) Landmark Case, the U.S. Supreme Court reviewed the issue of whether officials at a public university’s medical school provided one of its student’s procedural due process when they took steps to dismiss the student from an academic program. During the fall of 1971, Charlotte Horowitz entered the University of Missouri, Kansas City Medical School with advanced standing that would have required her to spend only two years in medical school. These two years were supposed to be dedicated to hands-on clinical experience. However, Horowitz academic abilities had significantly began to decline.

During Horowitz’s first of two years at the university, several faculty members evaluated her clinical performance, indicating that her work did not measure up to that of her peers. At the end of that first year, the academic review team, known as the Council on Evaluation, which was composed of both faculty and students, recommended Horowitz’s continuation in the program on a probationary basis. During the first half of Horowitz’s second year, faculty members expressed additional concerns about her capacity to perform the required clinical skills, rating her work as unsatisfactory. In the middle of that year, the Council again reviewed her academic progress. This time, the Council recommended that Horowitz not be considered for graduation at the end of the academic year. Further, the Council indicated that unless Horowitz displayed dramatic improvement in her poor clinical performance, she should be dismissed from the medical school.

Furthermore, Horowitz was given multiple opportunities to demonstrate her capabilities within her field of study. Failing to convince the Council during field visits, as well as examinations, she was dismissed from the medical school. Horowitz sued and claimed that the procedure leading to her dismissal violated the Due Process Clause of the Fourteenth Amendment. The district court concluded that Horowitz had been afforded all the rights guaranteed by the Fourteenth Amendment on the basis of the university providing evidence of meetings with her and examinations to prove poor clinical performance.

The impact of this case is directly related to how school administrators handle suspending and expelling students. In Duval County Public Schools, the student must be notified of the violation and allowed the opportunity to plead their case. The parent must also be notified in a timely manner of the disciplinary action. Similarly, in the case of the Board of Curators of the University of Missouri v. Horowitz, they too followed the designated procedure as outlined in the universities guidelines for dismissals. This is the same for elementary and secondary schools. The disciplinary procedure must be stated within the Student Code of Conduct and followed according with the precise documentation of student offenses. By following this process, administrators limit the risks of being sued for not following the due process.

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