Noah Duncan v. The Curators of the University of Missouri, et al.
AdministrativeLaw ERISA SocialSecurity DueProcess EducationPrivacy
Whether a public university can use a student's disciplinary history from a private institution to impose sanctions, particularly when the history involves constitutionally protected speech, and whether students have due process rights to meaningful notice, cross-examination, and protection against arbitrary disciplinary actions
The Petitioner files this writ to rectify significant issues regarding the dismissal of his case. The presiding judge, Steven Bough, did not disclose his prior employment by and professional ties to the Respondents nor recused himself due to the evident conflict of interest. Rather, the District Court decided and resolved all factual disputes in favor of the Respondents that were contrary to the Petitioner ’s complaint, and resolved all legal disputes in favor of the Respondents, contrary to relevant law issued by higher courts. On appeal to the Eighth Circuit, the Petitioner was informed by a court clerk that he need not file an appellate brief, as the matter was set before the judges. The Eighth Circuit Court subsequently dismissed the appeal without review. The Petitioner, unable to retain legal counsel due to financial constraints, respectfully petitions this Court to strictly review the present case and allow him to offer evidence to support his claims. Questions Presented Regarding [FERPA] 20 U.S.C § 1232g(a)(lXA): I. Does 20 U.S.C § 1232g(a)(l)(A) use “rights-creating language ” to infer that a student has a right to receive his or her records from an educational institution within 45 days? Regarding the First Amendment: II. Does the First Amendment prohibit a public university from using a student ’s disciplinary history at a private institution to compound sanctions against him or her, particularly when that disciplinary history solely concerns the use of his constitutionally protected speech? -2PETITION FOR WRIT OF CERTIORARI Regarding the Fourteenth Amendment: Do public school students have a protected right under due process to be heard in a meaningful time and manner?HI. IV. Do public school students have a protected right under due process to cross-examine another student when that student ’s testimony is in controversy? Does the Fourteenth Amendment ’s Due Process Clause require a public university to provide meaningful notice to a student before suspension, investigation, interrogation, and or his or her hearing?V. VI. Does the Fourteenth Amendment ’s Due Process Clause prohibit a public university from arbitrarily violating its own established procedures for student disciplinary actions? Do university disciplinary actions based on vague and unsupported allegations violate a student ’s constitutional rights to procedural fairness and equal protection under the law?vn. These questions raise significant constitutional issues regarding the limits of public universities ’ authority over students and the rights and protections afforded by federal law and the First and Fourteenth Amendments. -3PETITION FOR WRIT OF CERTIORARI