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Nikki Simpson Case Review EDLD 8431 Fall 2014

Waliga v. Board of Trustees of Kent State University

As stated in summation of Crook v. Baker (1987), the facts of Waliga v. Board of

Trustees of Kent State University (1986) are that Kent State University received

information regarding discrepancies in academic records and determined that two

students did not complete the requirements for their degrees and were notified that the

university was considering revoking the degrees. According to The Bryan Times (1983),

grades were changed for three Kent State University students, George Waliga, Kent

Taylor, and Stephen Hughes, in the 1960s. Hughes attempted to blackmail Waliga by

threatening to reveal the changing of seventy grades for the three men. With the

cooperation of Waliga, Hughes was arrested. During this incident the altered grade issue

was revealed and the Board of Trustees of Kent State University decided to hold a

hearing to discuss the matter and decide if the degrees should be revoked (The Bryan

Times, 1983).

The issue raised in Waliga v. Board of Trustees of Kent State University is

whether a university has the authority to revoke degrees that were improperly awarded.

The court found that a board of trustees does have the authority to revoke degrees when

there is proper cause and there is a fair hearing procedure.

The court noted that academic degrees are a statement that the recipient has met

the institutions standards and has fulfilled all requirements for graduation. If institutions

of higher education do not have a course of action to revoke a degree, the university is in

essence certifying that a person has fulfilled requirements when they have not. If this type

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of occurrence happened frequently it would lead to a breakdown in the integrity of

degrees. If a degree is awarded in error or it is found that the recipient received the degree

through an act of fraud that universities have an implied authority to revoke it based on

R.C. 3341.04, which states that universities shall do all things necessary for the proper

maintenance and successful and continuous operation of such universities. The opinion

in Waliga v. Board of Trustees of Kent State University (1986) stated, The power to

confer degrees necessarily implies the power to revoke degrees erroneously granted.

The court also noted an earlier ruling in The King v. University of Cambridge

(1334) in which it was decided that a man has a right to a hearing before being deprived

of property. Cleveland Board of Education v. Loudermill (1985) found that a degree

holder does have a right to his degree and without adequate procedures that right

cannot be withdrawn.

The case notes in Waliga v. Board of Trustees of Kent State University noted that

the appellees in the case were informed in writing of Kent State Universitys plan to

commence degree revocation procedures, were given time to review the evidence the

university would introduce at the hearing, were given notice of the hearing, and had

opportunity to present evidence and address witnesses.

The case notes made it clear that Kent State University had a procedure of due

process in place and it was adequately used in this case. The general rule from this case is

that universities do have authority to revoke academic degrees provided due process is

followed. The decision made in Waliga v. Board of Trustees of Kent State University

reversed the decision made at the court of appeals and all judges concurred with the

opinion.

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References

Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985).

Crook III v. Baker, 813 F. 2d 88 (1987).

Former attorney faces sentence. (1983, January 20). The Bryan Times, 11. Retrieved from

http://news.google.com/newspapers?nid=799&dat=19830120&id=DZhjAAAAIB

AJ&sjid=QVIDAAAAIBAJ&pg=6534,1951207

R.C. 3341.04

The King v. University of Cambridge (Bentley's Case) (K.B. 1723), 8 Modern Rep.

(Select Cases) 148, 92 E.R. 818, 2 Ld. Raym. (1334).

Waliga V. Board of Trustees of Kent State University, 22 Ohio St. 3d 55, 488 NE2d 850

(1986).