Kengne v. Freeman: What It Means for Student Academic Dismissal Due Process Rights

Table of Contents#

1. Clarifying the Misconceptions Around Kengne v. Freeman
2. Academic vs. Disciplinary Dismissals: The Legal Distinction
3. The Real Landmark Precedents: Horowitz and Ewing
4. Due Process Standards in the 4th Circuit
5. Actionable Steps If You Face Academic Dismissal
6. Frequently Asked Questions
7. References

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Clarifying the Misconceptions Around Kengne v. Freeman#

In various online articles, the case Kengne v. Freeman (often cited erroneously as a 4th Circuit Court of Appeals decision) has been incorrectly described as a landmark case involving a student named Armelle Kengne who was dismissed from a nursing program at Winston-Salem State University (WSSU).

To ensure legal accuracy, it is important to note:

• The Real Case: Kengne v. Freeman (Case No. 1:22-cv-02653) was a civil lawsuit filed in the U.S. District Court for the Northern District of Georgia in July 2022 by a plaintiff named Raissa Kengne against Wesley Freeman (her former supervisor) and others. The case involved employment-related allegations and had nothing to do with student due process or academic dismissal.
• No Nursing Case of This Name: There is no federal or state case titled Kengne v. Freeman or Kengne v. WSSU concerning the academic dismissal of a nursing student.
• Why the Distinction Matters: Relying on fictitious cases can lead to a misunderstanding of a student’s actual constitutional rights. Students and administrators must look to the actual binding legal precedents established by the U.S. Supreme Court and federal circuit courts.

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Academic vs. Disciplinary Dismissals: The Legal Distinction#

Under the Fourteenth Amendment, public college students generally have a protected property interest in their continued enrollment once admitted. However, the level of due process required depends heavily on the reason for the dismissal:

1. Disciplinary Dismissals: These occur when a student violates a code of conduct (e.g., academic dishonesty, harassment, or vandalism). Because these decisions are fact-based and punitive, courts require robust due process, including:
   • Clear written notice of the charges
   • An opportunity for a formal hearing
   • The right to present evidence and witness testimony
2. Academic Dismissals: These occur when a student fails to meet the academic or professional standards of a program (e.g., low grades, failed clinical rotations, or failure to progress). Because these decisions involve subjective, expert evaluations of academic capabilities, courts grant high deference to university faculty. A formal hearing is not constitutionally required.

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The Real Landmark Precedents: Horowitz and Ewing#

The actual legal framework governing academic dismissals was established by the U.S. Supreme Court in two key rulings:

1. Board of Curators of the University of Missouri v. Horowitz (1978)#

In Horowitz, a medical student was dismissed for poor clinical performance. She argued that the university violated her due process rights by not providing a hearing. The Supreme Court held that:

• Academic evaluations do not resemble judicial fact-finding proceedings.
• A formal hearing is not constitutionally required for academic dismissals.
• Due process is satisfied if the student is informed of the faculty's dissatisfaction and the decision to dismiss is "careful and deliberate."

2. Regents of the University of Michigan v. Ewing (1985)#

In Ewing, the Supreme Court further solidified judicial deference to academic decisions. The Court ruled that:

• Judges should not override a faculty's academic decision unless it is such a substantial departure from accepted academic norms as to demonstrate that the person or committee responsible did not actually exercise professional judgment.
• Academic decisions are only unconstitutional if they are shown to be arbitrary, capricious, or motivated by bad faith or discrimination.

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Due Process Standards in the 4th Circuit#

The U.S. Court of Appeals for the 4th Circuit (covering Maryland, North Carolina, South Carolina, Virginia, and West Virginia) consistently applies the standards set in Horowitz and Ewing.

• Judicial Deference: The 4th Circuit grants broad deference to universities in setting and enforcing academic standards. In cases like Garrett v. Tomas (W.D.N.C. 2021) and Al Asbahi v. West Virginia University Board of Governors (4th Cir. 2018), courts have affirmed that academic evaluations require less procedural due process than disciplinary actions.
• Procedural Minimums: In the 4th Circuit, an academic dismissal will generally stand if:
  1. The school followed its own established policies and procedures.
  2. The student had prior notice of their academic deficiencies.
  3. The decision-making process was careful, deliberate, and free from bad faith or illegal discrimination.
  4. The student had a reasonable opportunity to appeal or present their side within the university's internal system.

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Actionable Steps If You Face Academic Dismissal#

If you are facing potential academic dismissal from a public college or university, you should act quickly to protect your educational future:

1. Review Your Student Handbook and Program Guidelines Immediately: Locate the official academic catalog and student handbook. Pay close attention to the specific academic progress rules, appeal deadlines, and procedural requirements. (For example, see the Winston-Salem State University Student Handbook for their student rights and resources).
2. Request Your Academic Records: Obtain copies of all grades, faculty evaluations, and clinical feedback. You have a right to know the basis of the academic deficiency.
3. Engage with Your Advisor or Department Chair: Schedule a meeting to discuss your situation, ask if there are remedial options, and request guidance on the appeal process.
4. Prepare a Detailed and Objective Appeal: Focus on documenting any extenuating circumstances (e.g., medical emergencies, family crises) that affected your performance. Provide evidence, such as doctor's notes or counselor statements, and propose a concrete plan for academic recovery.
5. Follow Internal Procedures Scrupulously: Courts will rarely intervene if you fail to exhaust your university's internal administrative appeals. Make sure to submit all documents before the deadlines.
6. Consult a Higher Education Attorney: If you believe the university acted arbitrarily, failed to follow its own written policies, or discriminated against you, consult a legal professional specializing in education law.

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Frequently Asked Questions#

Q: Does constitutional due process apply to private colleges?#

A: No. The Fourteenth Amendment's Due Process Clause only applies to state actors (public institutions). Private colleges are governed by contract law. Their obligations to students are defined by the terms of the student enrollment agreement, catalog, and handbook.

Q: Can a student challenge a failing grade in federal court?#

A: In almost all cases, no. Under Ewing, courts will not second-guess a professor's grading unless there is clear proof of arbitrary action, bad faith, or unlawful discrimination.

Q: Is a public university required to give me a hearing before dismissing me academically?#

A: No. Unlike disciplinary cases, the U.S. Supreme Court has explicitly held that a formal hearing is not constitutionally required for academic dismissals, provided the decision is careful, deliberate, and not arbitrary.

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References#

1. Board of Curators of the University of Missouri v. Horowitz, 435 U.S. 78 (1978). Oyez Overview.
2. Regents of the University of Michigan v. Ewing, 474 U.S. 214 (1985). Oyez Overview.
3. Winston-Salem State University. (2026). Student Handbook. https://www.wssu.edu/student-life/student-handbook/index.html
4. U.S. Department of Education Office for Civil Rights (OCR). https://www2.ed.gov/about/offices/list/ocr/index.html