Smith v. Denton

895 S.W.2d 550, 320 Ark. 253 (1995)

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Smith v. Denton

Arkansas Supreme Court
895 S.W.2d 550, 320 Ark. 253 (1995)

Facts

After a series of firearms incidents on campus, the University of Central Arkansas (UCA) (defendant), a public university, revised its firearms policy to state that any student possessing a firearm on campus would be subject to a three-year suspension. UCA’s Standards of Student Conduct provided that disciplinary action would only be taken against a student after a hearing by the Student Judicial Board and that written notice of the charges against the student and the date and time of the hearing would be delivered to the student at least three days before the hearing. Heather Denton was a student at UCA. Denton loaned her car to a friend who left a firearm in a backpack on the floorboard behind Denton’s passenger seat. Denton did not know that the firearm was in her car. After reports of an off-campus incident involving firearms, a police officer from Conway, Arkansas, searched Denton’s car while parked on the UCA campus and found the firearm in the backpack. No law-enforcement action was taken against Denton. Upon learning of the incident, UCA Vice-President for Student Affairs, Dr. John Smith, interviewed Denton and gave her verbal notice that Denton was being charged with violating the UCA firearms policy. Smith suspended Denton pending a decision from the Student Judicial Board and ordered Denton to leave campus immediately. No written notice was provided to Denton at the time, but written notice, dated two days prior to the hearing date, was delivered to her dorm room after Denton had left campus. The Student Judicial Board held a hearing and found Denton not guilty of the charge because Denton did not know that the firearm was in her car. Smith rejected the board’s findings and found that Denton should be suspended. Denton appealed to the University Discipline Committee, which found Denton guilty of violating the firearms policy but recommended a reduced sanction. UCA President Dr. Winfred Thompson rejected the recommendation for a reduced sentence and suspended Denton for three years. Denton filed a lawsuit, seeking a restraining order. The trial court granted a permanent restraining order against UCA, ruling that Denton’s due-process rights were violated. UCA appealed.

Rule of Law

Issue

Holding and Reasoning (Mouser, J.)

Concurrence (Newbern, J.)

Dissent (Brown, J.)

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