HERNANDEZ V. OVERLOOK-HOSPITAL - DO ACADEMIC DISMISSALS OF COLLEGE AND UNIVERSITY-STUDENTS REQUIRE A HEARING UNDER NEW-JERSEY LAW

In Hernandez v. Overlook Hospital, the New Jersey Supreme Court ruled that a post-graduate medical resident has a right to ''fair procedure, '' including a hearing, when terminated from a residency due to academ ic deficiencies. This Article addresses the impact of Hernandez on pro cedural rights applicable to the termination of students other than po stgraduate medical residents. This Article first discusses precedent f ron the United States Supreme Court holding that students have only mi nimal procedural and substantive due process rights when terminated du e to academic deficiencies. After examining the Hernandez holding, the Article suggests that Hernandez represents a substantial departure fr om the United States Supreme Court precedent because it affords postgr aduate medical residents a right to a pre-termination hearing, which i s not the case under a due process analysis. On the principal question raised by Hernandez-i.e., whether its ''fair procedure'' and right to a pre-termination hearing apply to other types of students-this Artic le argues that Hernandez should be limited to post-graduate medical re sidents and that federal due process precedent should continue to gove rn procedural and substantive challenges brought by other types of stu dents to their academic dismissals.