Slaughter v. Brigham Young University

• Decision Date: 10 June 1975
• Docket Number: No. 74-1208,74-1208
• Citation: 514 F.2d 622
• Parties: Hayes SLAUGHTER, Appellee, v. BRIGHAM YOUNG UNIVERSITY, a corporation, Appellant.
• Court: U.S. Court of Appeals — Tenth Circuit

Page 622

514 F.2d 622

Hayes SLAUGHTER, Appellee, v. BRIGHAM YOUNG UNIVERSITY, a corporation, Appellant.

No. 74-1208.

United States Court of Appeals Tenth Circuit.

Argued Nov. 14, 1974.

Decided April 14, 1975.

Rehearing Denied June 10, 1975.

Stuart L. Poelman, Worsley, Snow & Christensen, Salt Lake City, Utah, for appellant.

Bryce E. Roe, Roe & Fowler, Salt Lake City, Utah, for appellee.

Before SETH, BARRETT and DOYLE, Circuit Judges.

SETH, Circuit Judge.

Brigham Young University appeals from judgment upon jury verdict awarding Hayes Slaughter $88,283.00 in damages in a diversity action based on his expulsion by the University from its graduate school.

As indicated, the case was tried to a jury after the University's motion for summary judgment had been denied. The University requested the jury. After the plaintiff's case the University moved to dismiss, and at the end of the trial it moved for a directed verdict which was denied. The jury found for the plaintiff, judgment was entered, and this appeal was taken by the University.

The operative facts will be described as the several issues on appeal are considered. The complaint is upon contract theory alone. The University is not a tax-supported school, but instead is owned, supported, and operated by the Church of Jesus Christ of Latter-day Saints.

Plaintiff's status as a graduate student working toward a doctorate required that he meet the academic requirements of the University, and that he abide by its rules of conduct or ethical standards. He had been in attendance for several years, and without question he was familiar with both sets of standards. The committee supervising his work and the administrative officials here concerned had the authority to determine whether plaintiff was meeting both requirements.

The incident which precipitated the review of plaintiff's performance by the University authorities was one on the conduct or ethical side rather than an academic deficiency. It arose from the assertion that plaintiff had used the name of Professor Thorne, one of his advisors, as a coauthor with plaintiff of two articles submitted to a technical journal for publication. The articles were so published without the knowledge in advance of Dr. Thorne, without his review of them nor participation in any way as an author. It was apparent that this was done by the plaintiff to improve his chances to have the articles published. Prior efforts to have the articles published in plaintiff's name alone had not been successful. The work on the material published for the most part was done by plaintiff before coming to the University.

The question raised was whether these acts were a violation of the University rules as to conduct. The Code of Student Conduct in part required that students observe " . . . high principles of honor, integrity and morality," also that they: "Be honest in all behavior. This includes not cheating, plagiarizing, or knowingly giving false information." These regulations were reasonable, were clear, and as definite as possible in view of the subject treated. There are no First Amendment issues.

Overtones in the proceedings before the Committee suggested that plaintiff's academic performance was not adequate, but this was not a central issue. This academic matter appears somewhat as an afterthought or perhaps an additional factor developed at the disciplinary hearing. The expulsion of plaintiff was for a violation of the Student Code of Conduct. There is not sufficient evidence either way relating to compliance or noncompliance with the academic standards to raise it as an issue. There was evidence that plaintiff had met some of the academic requirements, and was classified as a candidate for a doctorate. Some steps had been completed by plaintiff but there was much more to be done which was far from routine, including completion of a dissertation and the defense thereof. The trial court, however, assumed facts not shown and instructed the jury as a matter of law that plaintiff was progressing satisfactorily toward the degree he sought. The trial judge also assumed without evidence that the plaintiff would in the future have met the academic requirements he had not yet undertaken, or was excused therefrom.

As to procedural due process, plaintiff, before the conferences or hearings began, was aware of the subject to be considered. There is no issue as to the notice aspect of the due process problem, and the issues to be considered were narrow. The question basically was whether the articles were offered for publication without the knowledge and consent of Dr. Thorne, and if so, was this dishonest or otherwise a violation of the Code of Student Conduct?

The Dean of the Graduate School had notified plaintiff personally of the charges, and the hearing was before the Dean, the head of the Chemistry Department, the assistant head, two members of plaintiff's faculty advisory committee, and Dr. Thorne. The matter had been investigated by the University for several months and plaintiff had been discussing the problems with the faculty and friends several days before the hearing. Some three or four months before the hearing, Dr. Thorne had reprimanded plaintiff for the publication of the first article. The charge that the use of Dr. Thorne's name without his permission and for the purposes used was dishonest was again made known to plaintiff, and he was asked to explain. His explanation was that he thought he had Dr. Thorne's implied permission to use his name, apparently because he was an advisor. The facts as to the use of Dr. Thorne's name were there fully developed, and all concerned were present. The meeting continued, considered also plaintiff's academic progress, and at its conclusion the committee members and the Dean voted to expel plaintiff on the ground of dishonesty. Thus they found that the use of Dr. Thorne's name was without his permission; that the use made of it was dishonest, and was in violation of the Student Code. Plaintiff was formally notified of the decision and of his expulsion. Plaintiff was permitted to, and did, tape the hearing, and it was transcribed. There is nothing in the record to indicate a need for nor request for any further proceedings.

It must be held that there was an adequate hearing on the charge with a meaningful opportunity given to plaintiff to participate, to present his position, and to hear the witnesses presenting the facts they had knowledge of. We hold that these proceedings met the requirements of the constitutional procedural due process doctrine as it is presently applied to public universities. It is not necessary under these circumstances to draw any distinction, if there be any, between the requirements in this regard for private and for public institutions. The trial court was thus in error in...