Public institutions of higher education, their faculty, administra- tors, and board members have proven to be a fertile source for the civil rights litigator in the development of constitutional rights. Not surprisingly, education law reporters and journals are reporting increasing numbers of case decisions in the context of higher education. Yet, many educators suffer the mistaken notion that academic judgment is outside the scope of judicial review. While some judicial deference is given to academic discretion, it is by no means conclusive in the face of a constitutional challenge.
Paul J. Forch,
Academic Discretion and the Constitution: The Fundamentals for Public Higher Education,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol17/iss4/3