NCAA enforcement program: hearings before the Subcommittee on Oversight and Investigations of the Committee on Interstate and Foreign Commerce, House of Representatives, Ninety-fifth Congress, second session ...

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Page 151 - First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.
Page 150 - Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Page 151 - [t]he fundamental requirement of due process is the opportunity to be heard 'at a meaningful time and in a meaningful manner.
Page 151 - Clause, and due process requires, in connection with a suspension of 10 days or less, that the student be given oral or written notice of the charges against him and, if he denies them, an explanation of the evidence the authorities have and an opportunity to present his side of the story.
Page 155 - It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values. First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.
Page 70 - Do you swear that the testimony that you are about to give to this committee will be the truth, the whole truth, and nothing but the truth, so help you God.
Page 188 - ... the liberty and property of the citizen shall be protected by the rudimentary requirements of fair play. These demand 'a fair and open hearing...
Page 155 - A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application.
Page 151 - Cafeteria & Restaurant Workers Local 473 v. McElroy, 367 US 886, 895, 81 S.Ct. 1743, 1748, 6 L.Ed.Zd 1230 (1961). '[D]ue process is flexible and calls for such procedural protections as the particular situation demands.
Page 152 - We . . . hold that a college has the inherent power to promulgate rules and regulations ; that it has the inherent power properly to discipline ; that it has power appropriately to protect itself and its property ; that it may expect that its students adhere to generally accepted standards of conduct.

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