University Met Very Limited Due Process Requirements In Academic Dismissal Context
HLAVACEK v. BOYLE (December 6, 2011)
Eric Hlavacek enrolled in the Southern Illinois University School of Dental Medicine in 2005. He failed a required course in the fall semester, failed it again the next semester, failed another course in the spring 2007 semester, and failed three courses (one of them twice) in the fall 2007 semester. In early 2008, the University informed Hlavacek that he was being dismissed for unsatisfactory academic performance. Hlavacek challenged his dismissal at a hearing, filed a grievance with the school’s Office of Institutional Compliance, and sought review through several school officials, including the President -- all to no avail. Hlavacek filed suit against the school, alleging they violated his procedural due process rights. Judge Murphy (S.D. Ill.) dismissed the complaint for failure to state a claim. Hlavacek appeals.
In their opinion, Seventh Circuit Chief Judge Easterbrook and Judges Wood and Tinder affirmed. The Court assumed that Hlavacek had a cognizable property interest in his dental school education and turned to whether he was afforded the required process. In the educational institution setting, academic dismissals require very little process. They require notice and a careful decision -- but they do not even require a hearing. Here, Hlavacek was put on notice that he was on academic probation, and he was given repeated second chances. Though he was not even entitled to a hearing, he was given a hearing and a grievance and several additional audiences before the dismissal was final. He received more than due process.
Michael Rigney practices in the law offices of GVC Ltd. in Chicago. In this blog, he reports on select