Hernandez v. Overlook Hospital: Do academic dismissals of college and university students require a hearing under New Jersey law?

Journal/Book: Rutgers Law Rev. 1998; 50: School Law, 15 Washington St, Newark, NJ 07102. Rutgers Univ. 585-602.

Abstract: In Hernandez v. Overlook Hospital, the New Jersey Supreme Court ruled that a post-graduate medical resident has a right to ''fair procedure,'' including a hearing, when terminated from a residency due to academic deficiencies. This Article addresses the impact of Hernandez on procedural rights applicable to the termination of students other than postgraduate medical residents. This Article first discusses precedent fron the United States Supreme Court holding that students have only minimal procedural and substantive due process rights when terminated due to academic deficiencies. After examining the Hernandez holding, the Article suggests that Hernandez represents a substantial departure from the United States Supreme Court precedent because it affords postgraduate medical residents a right to a pre-termination hearing, which is not the case under a due process analysis. On the principal question raised by Hernandez-i.e., whether its ''fair procedure'' and right to a pre-termination hearing apply to other types of students-this Article argues that Hernandez should be limited to post-graduate medical residents and that federal due process precedent should continue to govern procedural and substantive challenges brought by other types of students to their academic dismissals.

Note: Article Rooney GJ, Lowenstein Sandler Kohl Fisher & Boylan PC, Roseland,NJ 07068 USA

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