University of Colorado at Boulder: Disciplinary Hearing Allowing Accuser to Judge Accused
Case Materials
- "Opinion in Carlos Martinez v. The Regents of the University of Colorado," Case No. 2000 CV 658, Division 4, October 14, 2004
- "Judge, Jury, Executioner, and . . . "Victim?": Biased CU Hearing Officer Withdraws Under Pressure From FIRE," June 24, 2004: Where is an alleged "victim" allowed to sit in judgment over the accused? . . . at the University of Colorado at Boulder, where FIRE is actively involved in supporting Carlos Martinez in his efforts to fight his unlawful expulsion. FIRE helped Martinez to obtain the removal of a biased hearing officer who for weeks had ignored requests that she recuse herself, despite a clear conflict of interest.
- "Campus Censorship Zones," FIRE Press Release, October 3, 2002: FIRE's Harvey A. Silverglate and Josh Gewolb address the scandal of "free speech zones"—censorship zones—in The National Law Journal.
- "Victory for Due Process in Colorado," January 9, 2001: In yet another case of society calling our colleges to task for their abuse of power, Colorado District Court Judge Daniel C. Hale ordered the University of Colorado at Boulder to readmit undergraduate Carlos Martinez for the spring semester. Judge Hale termed Martinez's expulsion and the campus judicial proceedings that led to it "an abuse of discretion . . . not supported by any competent evidence . . . unbelievable . . . troublesome . . . inexcusable . . . so devoid of evidentiary support that it can only be explained as an arbitrary and capricious exercise of authority . . . void . . . [and] a blatant attempt to evade judicial review." Judge Hale concluded: "A disciplinary system must have the appearance of impartiality and fairness, neither of which was apparent in this case."
Media Coverage