Nicholas Hess v. Board of Trustees of Southern
2016 U.S. App. LEXIS 18453
| 7th Cir. | 2016Background
- In Nov 2013 Nicholas Hess, an SIU student, was arrested after a stab- ping incident; police descriptions matched Hess and a warrant issued; he was released on bail.
- SIU administrators (Trisler and Dean Sermersheim) imposed an interim suspension based on police reports and an arrest warrant; Hess missed two finals and did not request the offered two-day interim appeal.
- SIU charged Hess under its Student Conduct Code and held a Jan 2014 disciplinary hearing; Trisler served as investigator and hearing officer and recommended expulsion, which a three-member panel and Chancellor Cheng affirmed.
- Hess sued under 42 U.S.C. § 1983 alleging violations of procedural and substantive due process, seeking damages and reinstatement; district court dismissed official-capacity damages claims as barred by the Eleventh Amendment and granted defendants summary judgment on the merits.
- On appeal the Seventh Circuit assumed Hess had a protected interest but reviewed whether SIU’s procedures (pre- and post-removal) and the hearing met due-process requirements and whether the expulsion was so arbitrary as to "shock the conscience."
- The Seventh Circuit affirmed: interim suspension was permissible given the arrest warrant/charges; the hearing provided adequate process and lacked proof of adjudicative bias; and the evidence did not show conscience-shocking conduct by administrators.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eleventh Amendment / official-capacity damages | SIU and administrators are liable for money damages under § 1983 | Monetary claims against university and officials in official capacity barred by Eleventh Amendment | Damages claims against the Board and officials in official capacity dismissed as barred |
| Interim suspension procedural due process | Hess had no meaningful pre-removal "give-and-take" and was denied opportunity to be heard before suspension | Arrest warrant and aggravated battery charges justified immediate suspension; post-removal hearing sufficed | Interim suspension lawful under Goss given danger and evidence; post-removal procedures adequate |
| Hearing officer bias / procedural fairness | Trisler prejudged case, combined investigator/adjudicator roles, smiled at suspension, denying impartial hearing | Presumption of impartiality; any potential bias rebutted by availability of appeal to unbiased panel and Chancellor review | No disqualifying bias shown; appeals process cured any alleged partiality; procedural due process satisfied |
| Substantive due process (shock-the-conscience) | Expulsion lacked evidentiary support; administrators acted arbitrarily without proof Hess stabbed victim | There was some evidence (victim description matching Hess, police reports) giving non-arbitrary basis for expulsion | No substantive due-process violation; conduct not conscience-shocking; judgment affirmed |
Key Cases Cited
- Goss v. Lopez, 419 U.S. 565 (school suspension requires notice and opportunity to respond)
- Medlock v. Trustees of Indiana Univ., 738 F.3d 867 (immediate suspension may be warranted when student poses danger)
- Withrow v. Larkin, 421 U.S. 35 (combining investigative and adjudicative functions does not automatically show bias; presumption of impartiality)
- Gilbert v. Homar, 520 U.S. 924 (arrest and filing of charges can render pre-suspension hearing unnecessary in public-employment context)
- Wood v. Strickland, 420 U.S. 308 (federal courts should not re-litigate school disciplinary evidentiary decisions)
- Pugel v. Bd. of Trs. of the Univ. of Ill., 378 F.3d 659 (procedural due process framework in university disciplinary context)
- Charleston v. Bd. of Trs. of the Univ. of Ill. at Chi., 741 F.3d 769 (no fundamental right to education; procedural/substantive framework)
- Flint v. City of Belvidere, 791 F.3d 764 (substantive due process requires mens rea approaching criminal recklessness for disciplinary deprivations)