Jerry Punch said:
PR, you're getting liberal again in your interpretation. A right to a K-12 education is really not in dispute. Do you think that an 18 year old can sue the State of Montana for not being able to go to college, whatever the circumstances of her life may be? Is it an inherent right, or must it be fought for, like the right to party?
You are really grasping at straws when you honestly suggest that the BOR is "empowered" under title 10. Empowered to do what? Ensure that all students are able to go to college? That's not the responsibility of the state. That's up to each student on a case by case basis. If you are denied because of race, religion, or something else, that's a different issue, but it is not surprising you blend the two into one.
We're talking about the procedural due process afforded college students in University proceedings. Although the constitution does indeed apply to the proceedings themselves, the act of removing a student based on a less than reasonable doubt standard is not a constitutional violation.
You act like this innocent until proven guilty standard should exist everywhere, even in sports. A-Rod, Ryan Braun and other MLB players are about to be suspended from the game indefinitely because a key witness is going to testify against them. Note that he hasn't testified yet and also note that those players haven't had the constitutional right to confront their accusers. But they will be deprived of their right to play the game regardless, because, like a University education, there is no constitutional right to play baseball.
Why do you keep changing the discussion? On this particular point, the discussion went like this. You said there was no constitutional right to an education under the US constitution. I pointed the Montana constitutional provision, Title X, which, among other things in its 11 sections, says this in it's first two sentences: "(1) It is the goal of the people to establish a system of education which will develop the full educational potential of each person. Equality of educational opportunity is guaranteed to each person of the state." This provision clearly provides for certain constitutional rights to education in MT, which I confirmed with a member of the constitutional committee that drafted the MT constitution. I can't imagine that even you would disagree on this.
grizinbox then stated that the Title X of the MT constitution deals only with K-12 public education. I pointed out that Title X actually deals with more than K-12 public education and has sections on the university system.
As for the Board of Regents, here's section 9 of Title X of the MT Constituion: "Section 9. Boards of education. (1) There is a state board of education composed of the board of regents of higher education and the board of public education. It is responsible for long-range planning, and for coordinating and evaluating policies and programs for the state's educational systems. It shall submit unified budget requests. A tie vote at any meeting may be broken by the governor, who is an ex officio member of each component board.
(2) (a) The government and control of the Montana university system is vested in a board of regents of higher education which shall have full power, responsibility, and authority to supervise, coordinate, manage and control the Montana university system and shall supervise and coordinate other public educational institutions assigned by law.
(b) The board consists of seven members appointed by the governor, and confirmed by the senate, to overlapping terms, as provided by law. The governor and superintendent of public instruction are ex officio non-voting members of the board.
(c) The board shall appoint a commissioner of higher education and prescribe his term and duties.
(d) The funds and appropriations under the control of the board of regents are subject to the same audit provisions as are all other state funds.
(3) (a) There is a board of public education to exercise general supervision over the public school system and such other public educational institutions as may be assigned by law. Other duties of the board shall be provided by law.
(b) The board consists of seven members appointed by the governor, and confirmed by the senate, to overlapping terms as provided by law. The governor, commissioner of higher education and state superintendent of public instruction shall be ex officio non-voting members of the board."
This section is the constitutional authority for the Board of Regents. It is empowered to do various things, including supervising and controlling the university system.
Both the Due Process Clauses of both US and State Constitutions apply to public universities. While what is actually required is still being developed in the courts, it is absolutely indisputable that certain due process right are constitutionally required to be followed by universities in their honor code/court processes.
In addition, some of the case law involving lawsuits by students against universities, also discusses and uses a contractual right analysis. While I don't recall the exact analysis, I think it's something like this: once the student is in the university, he has certain contractual rights to an education. However, maybe that isn't quite right.
If you want to discuss or debate any point or statement that I've actually made, feel free to quote the statement, and perhaps we can have a discussion. Otherwise, I'm not going to discuss, debate or defend statements that I never made. Most of what you put forth above, is nothing I ever said or stated.