Gorman v. University of Rhode Island

• Decision Date: 02 June 1987
• Docket Number: No. 86-2101,86-2101
• Citation: 837 F.2d 7
• Parties: 43 Ed. Law Rep. 1310 Raymond J. GORMAN, III, Plaintiff, Appellee, v. UNIVERSITY OF RHODE ISLAND, et al., Defendants, Appellants. . Heard
• Court: U.S. Court of Appeals — First Circuit

Page 7

837 F.2d 7

43 Ed. Law Rep. 1310

Raymond J. GORMAN, III, Plaintiff, Appellee, v. UNIVERSITY OF RHODE ISLAND, et al., Defendants, Appellants.

No. 86-2101.

United States Court of Appeals First Circuit.

Heard June 2, 1987.

Decided Jan. 19, 1988.

Nicholas Trott Long, Kingston, R.I., with whom Barbara E. Grady, Providence, R.I., was on brief, for defendants, appellants.

Marc B. Gursky with whom Lovett, Schefrin & Gallogly, Providence, R.I., was on brief, for plaintiff, appellee.

Before BREYER and TORRUELLA, Circuit Judges, and RE, ^* Judge.

RE, Chief Judge:

Both parties to this action, Raymond J. Gorman, III (Gorman), and the University of Rhode Island (the University), appeal from a final order entered on October 14, 1986, in the United States District Court for the District of Rhode Island. Gorman, a student at the University, contests the validity of sanctions, including suspension, imposed upon him after certain university disciplinary hearings. The district court found that the disciplinary hearings held by the University violated Gorman's right to due process of law as secured by the fourteenth amendment to the Constitution. Hence, the district court held that the University of Rhode Island was liable to Gorman, pursuant to 42 U.S.C. Secs. 1983 & 1988, for deprivation, under color of state law, of Gorman's constitutionally protected civil rights. Gorman v. University of Rhode Island, 646 F.Supp. 799, 815 (D.R.I.1986).

The University contends that the district court committed error in holding that the public university's hearing procedures did not afford Gorman adequate due process protection. On cross-appeal, Gorman contends that the court erred in finding that due process did not entitle him to representation by counsel at the disciplinary hearings, nor to cross-examine hearing board members and witnesses on his allegations of bias.

The question presented on this appeal is whether the district court erred in holding that the disciplinary hearings conducted by the University denied Gorman the right to due process of law, in violation of the fourteenth amendment. Since we hold that, under the circumstances presented, Gorman's contentions are without merit, and that the University employed adequate procedures which satisfied the requirements of due process, the decision of the district court is affirmed in part and reversed in part.

The Facts

Gorman enrolled in the University of Rhode Island in September 1981. Over the next few years, Gorman participated in student government, and was appointed to serve on the Student Senate. He was an active member of several student committees involved in university administration, and, in this capacity, often promoted "controversial" policies. The Student Senate budget proposals made by Gorman successfully cut the budget of the University's entertainment committee, and defeated a salary increase for the Student Senate's secretary, Melanie Murphy.

In September 1984, Gorman was involved in altercations with two university employees. On September 17, Gorman had an argument with Vera Carr, then Acting Director of the University Student Union, over staff use of a student van. On September 18, Gorman had another argument about the van, this time with the Student Senate's secretary, Melanie Murphy. Both women subsequently filed complaints with the University, charging Gorman with verbal abuse, harassment, and threats, in violation of section 2.4 of the University's student handbook entitled Student Rights and Responsibilities 1984-85 (Student Handbook).

Gorman was duly notified that separate hearings on these charges would be held pursuant to the provisions in the University Manual. The Preamble to the University Manual states that it is a "compilation of legislation, policies and administrative regulations for the government of the University of Rhode Island...." Incorporated within the manual are provisions on the relationship between students and the administration, including their respective rights and responsibilities. The applicable provisions of the manual are also set forth in the Student Handbook.

The hearings on the charges against Gorman were held before the University Board on Student Conduct (UBSC), which was convened pursuant to section 9.23.10 of the University Manual. Pursuant to section 5.9.11 of the University Manual the board for each hearing consisted of one faculty member and five students. In addition, section 9.23.15 of the manual required that a staff member from the Office of Student Life serve as advisor to the UBSC in all stages of the university judicial process. The Acting Director of Student Life, Ronald Weisinger, served as the advisor to the University board, which heard the charges against Gorman, and participated in its meetings as a non-voting member.

The hearing on the Carr complaint was held on October 4, 1984 and lasted approximately 7 hours. The UBSC was chaired by a student, Julia Emmets, pursuant to section 5.19.13 of the University Manual which states that "[t]he board shall be chaired by a student member elected by a majority vote of the board." After the hearing, the UBSC unanimously found Gorman guilty of harassing and intimidating Carr and impeding her in the performance of her duties. As a result, Gorman was placed on disciplinary probation for 6 months, and was required to attend one session at the University's counseling center. Gorman complied with both of these sanctions.

The hearing on the Murphy complaint was held on October 25, 1984, November 8, 1984, and January 14, 1985, and lasted approximately 20 hours. At this hearing, the UBSC consisted of three new student members and two students who had been members on the prior board, including Julia Emmets who again served as chair. Weisinger again served as the non-voting advisor to the board, and also participated as a witness. Gorman objected to the presence of several members of the UBSC on the grounds of bias. Specifically, Gorman alleged bias on the part of two students, Julia Emmets, who allegedly had expressed a dislike for "people who went against the system," and Roberto Pietersz, who had opposed Gorman's position on a student government committee. These objections were denied, and, at the conclusion of the hearing, Gorman was found guilty. The board imposed sanctions consisting of a permanent ban from office in any recognized student organization, a mandatory examination by the University's consulting psychiatrist, and, if recommended, commencement of a course of treatment.

The UBSC's decision on the Murphy charge was appealed by Gorman to the University Appeals Board, which consisted of two faculty members and one student. The Appeals Board based its review on the record of the hearings prepared by Weisinger, the UBSC advisor. Pursuant to section 9.23.17 of the University Manual, a record of each hearing was made and maintained by the Office of Student Life. Weisinger appeared before the Appeals Board on behalf of the UBSC, and, in accordance with university practice, submitted a rebuttal brief concerning plaintiff's procedural objections. The Appeals Board upheld the decision of the UBSC.

Gorman failed to comply with the sanctions imposed by the UBSC, and, on March 5, 1985, formal charges were filed by the Vice President of the University, A. Robert Rainville. Gorman was notified that he was charged with three counts of violating section 2.2 of the Student Handbook, and a hearing was scheduled for March 28. Two days before the hearing, by letter to Weisinger, Gorman made several procedural requests. Specifically, he requested an open hearing, permission to have legal counsel present, permission to tape record the proceedings, total media access to the proceedings, and a stenographic record to be provided at the University's expense. Although these requests were denied, Gorman was informed that he would be allowed to make a stenographic record of the hearing at his own expense, provided that the University was also allowed to obtain a copy.

At the March 28 hearing, in addition to objecting to Weisinger serving as advisor to the board, Gorman again objected to the inclusion of two students whom Gorman had accused of bias at the November 8 hearing.

The UBSC found Gorman guilty of not complying with UBSC decisions in violation of section 2.2 of the Student Handbook, and imposed three sanctions against him: (1) immediate suspension from the University through the following academic year, (2) the suspension to continue until he complied fully with all sanctions which had been imposed against him, and (3) disciplinary probation throughout the remainder of his undergraduate enrollment. The decision of the UBCS provided for a stay of the suspension to allow Gorman to finish the spring 1985 semester on two conditions: (1) Gorman's immediate resignation from all student government positions, and, (2) within one week, examination and commencement of any recommended treatment by the University's consulting psychiatrist. The final sanctions were also reviewed and approved by the President of the University, Edward D. Eddy. Gorman appealed the decision of the UBSC, and on April 15, 1985, the University Appeals Board denied Gorman's appeal.

On April 16, 1985, Gorman filed this action in the United States District Court for the District of Rhode Island, and moved to enjoin enforcement of the sanctions. Judge Selya granted the motion, and issued a temporary restraining order, enjoining defendants from suspending Gorman before the end of the spring 1985 semester, "unless some other ... cause is created or exists, ... which would otherwise give them the right to suspension or expulsion." The court also ordered Gorman to refrain from serving as an officer in any Student Senate recognized organization. Both parties complied with the order, which expired on May 15, 1985.

Gorman also moved for a preliminary injunction seeking relief from the district court for...