Papish v. Board of Curators of University of Missouri, 71-1338.
Decision Date | 15 June 1972 |
Docket Number | No. 71-1338.,71-1338. |
Citation | 464 F.2d 136 |
Parties | Barbara Susan PAPISH, Appellant, v. The BOARD OF CURATORS OF the UNIVERSITY OF MISSOURI et al., Appellees. |
Court | U.S. Court of Appeals — Eighth Circuit |
David N. Ellenhorn, New York City, Melvin L. Wulf, American Civil Liberties Union Foundation, New York City, Irving Achtenberg, Kansas City, Mo., for appellant.
Dennis J. Stewart, Jackson A. Wright, Marvin E. Wright, Columbia, Mo., for appellees.
Before VAN OOSTERHOUT, Senior Circuit Judge, and ROSS and STEPHENSON, Circuit Judges.
Rehearing and Rehearing En Banc Denied August 13, 1972.
This is a student "rights" case. It provides yet another example of the imaginative and extensive litigation in this area which seems to have as its purpose the attainment of plenary judicial oversight of the administration of tax-supported educational institutions.1 In the present case, the issue arises in the context of a student dismissal, after service of written charges and after a full and fair hearing, for violation of a University rule of conduct.
The facts are not in dispute. Barbara Susan Papish, then a 32-year-old graduate student2 in the University of Missouri School of Journalism, Columbia campus, was, on June 6, 1969, dismissed from the University, effective March 26, 1969, on the ground that she violated paragraph B of Article V of the By-Laws of the University's Board of Curators. The Article reads, in pertinent part, as follows:
At the time of her dismissal, Miss Papish was on disciplinary3 and academic4 probation.
On March 26, 1969 Miss Papish was afforded a hearing by the Student Conduct Committee on the charges stated in the March 12 letter. The Committee made the general finding that Miss Papish, in distributing the February 1969 edition of the Free Press Underground, violated the general standard of student conduct prescribed by paragraph B of Article V and decreed her dismissal effective that date. It appears from the Committee finding that Miss Papish's then existing disciplinary probation status was a factor in its decision. The decision was appealed first to the Chancellor of the University and then to the Board of Curators and affirmed in each instance. Because her dismissal was made effective as of March 26, Miss Papish was denied credit for a ceramics course which she successfully completed subsequent to that date, but it is to be noted that she also was able to avoid the otherwise damaging consequence of recordation of the grade of "F" with regard to the other course in which she was enrolled that term.8
In August 1969 Miss Papish brought this action in the United States District Court for the Western District of Missouri against the University Board of Curators and against certain University officials. The complaint sought declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343(3), on the ground that Miss Papish's dismissal from the University was invalid under the First and Fourteenth Amendments. The District Court denied relief on the grounds (1) that Miss Papish "does not have a federally protected or other right to attend a state university of a state of which she is not a domiciled resident or citizen"9 and (2) that "the conduct of plaintiff for which she was dismissed is not within First Amendment protections." Papish v. Board of Curators of the University of Missouri, 331 F.Supp. 1321, 1326 (1971). In this court, Miss Papish mounts an attack on these findings along three principal lines. First, she asserts that her dismissal is improper because it rests solely upon her exercise of freedoms which the first amendment guarantees. Second, it is argued that paragraph B of Article V of the by-laws of the University Board of Curators is invalid because it is impermissibly vague and because its language demonstrates a potential for sweeping improper applications posing a substantial likelihood of deterring important First Amendment freedoms. Third, the contention is made that Miss Papish's residence is irrelevant to her claim that University officials acted in violation of her constitutional rights. That being so, it is said that the District Court erred in its finding that Miss Papish was precluded from obtaining relief because, due to her Connecticut residency she did not possess a federally protected right to attend the University of Missouri.10 For reasons soon to appear, we affirm the judgment of the District Court, but we do so on grounds which depart somewhat from the reasoning followed by the able and experienced District Judge (The Honorable William H....
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