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What’s Double Jeopardy Got to Do With It? Why a Criminal Law Concept Does Not Apply to the Review of Medical Students’ Status  


Author:  Linda P.  Rowe, Ed.D..


Source: Volume 15, Number 02, Winter 2014 , pp.25-32(8)




Campus Safety & Student Development

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Abstract: 

Decades of case law and legal scholarship substantiate that universities are not part of the criminal justice system, yet attempts to apply criminal law concepts to the review of student status in higher education continue to abound. This article addresses the question of whether double jeopardy applies where one body or tribunal at a medical or other professional school has taken disciplinary action against a student and another body or tribunal at the school finds grounds for additional charges.

Keywords: Paine v. Board of Regents of University of Texas System; driving under the influence; dismissal for failing grades; LCME accreditation standards; professional standards; State of Maine v. Sterling; Christian Legal Society at Hastings College of Law v

Affiliations:  1: University of Illinois College of Medicine at Peoria.

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