Sill v. Pennsylvania State University

315 F. Supp. 125, 1970 U.S. Dist. LEXIS 10706
CourtDistrict Court, M.D. Pennsylvania
DecidedAugust 3, 1970
DocketCiv. No. 70-325
StatusPublished
Cited by2 cases

This text of 315 F. Supp. 125 (Sill v. Pennsylvania State University) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sill v. Pennsylvania State University, 315 F. Supp. 125, 1970 U.S. Dist. LEXIS 10706 (M.D. Pa. 1970).

Opinion

[126]*126OPINION

NEALON, District Judge.

In this action, seventeen students at The Pennsylvania State University (Penn State), who received disciplinary punishment ranging from two years probation to expulsion as a result of a campus disturbance in April, 1970, request this Court to order defendants, Penn State and its Board of Trustees, to restore them to their full status as students. Presently before the Court is a motion for preliminary injunction1 filed by Geoffrey Sill and Steven D. Weiss, seeking their immediate reinstatement for the purpose of attending the Summer Term at Penn State pending a final decision on the merits. Evidence was received and testimony taken on this motion at a hearing held July 14, 1970. At this time I make the following

FINDINGS OF FACT

1. On April 15, 1970, several hundred students at Penn State participated in a demonstration at the “Old Main” Building on the Penn State campus, which resulted in personal injuries and property damage. Thereafter, a special three-member Disciplinary Panel2 was appointed by the University Board of Trustees to hear the charges brought by University officials against forty students for violation of University rules. Several days of hearings were held by the Panel, during which the students charged were afforded a wide range of constitutional rights.

2. Geoffrey Sill, 25, is a graduate student enrolled in the Doctoral Program of the Department of English at Penn State. He has completed his classwork requirements and is preparing to begin research on his Doctoral dissertation topic, having received the informal approval of most of the faculty Committee which will advise .him. The Committee Chairman and chief dissertation adviser, Alan Trachtenberg, Ph.D., is now a Professor at Yale University, New Haven, Connecticut.

3. On June 19, 1970, Eric A. Walker, then President of Penn State,3 notified Sill of his immediate dismissal from the University for disciplinary reasons arising out of Sill’s alleged participation in the demonstration at the “Old Main” Building.4 Sill was then provided an opportunity to submit further materials to the President by June 26, 1970, which he did, but on June 30, 1970, one day after the beginning of the Summer Term, the President notified Sill that the dismissal would stand.

4. At the time of his dismissal, Sill had registered for the Summer Term at Penn State for research credits towards his Doctoral thesis, which he hoped to complete by December, 1970.

5. Penn State operates on the quarterly term system, consisting of four equal semesters of classes. During the [127]*127Fall, Winter and Spring Terms, covering the months from October to June, 21,000 undergraduate students and 4000 graduate students attend Penn State. During the Summer Term, there are approximately 6000 undergraduate students and a small, but undetermined, number of graduate students.

6. At the time of his dismissal, Sill was the recipient of the prestigious University Fellowship for the Fall, 1970, Term, which carries with it a stipend of $2500.00 plus tuition.

7. In accordance with the University’s stipulation, the Fellowship granted to Sill will not be awarded to any other student during the pendency of the action in this Court.

8. Sill’s lack of enrollment in the Summer Term at Penn State will not impair his access to the University library, including the availability of the Inter-Library Loan Facility.

9. Sill’s lack of enrollment in the Summer Term at Penn State will not diminish his opportunities to secure advice and counseling for his Doctoral thesis, particularly from Dr. Alan Trachtenberg, Chairman of Sill’s thesis Committee, whose counsel is especially important in the early stages of the development of his dissertation.

10. Sill’s lack of enrollment in the Summer Term at Penn State will not affect his ability to perform his thesis research since it can be performed at almost any well-equipped library and can be submitted to the Department as late as five to seven years after Committee approval of the topic.

11. Sill’s lack of enrollment in the Summer Term at Penn State will not alter his deferred Selective Service status as II-S, since the University has agreed not to report the disciplinary action taken against Sill to his Selective Service Board during the pendency of the action in this Court.

12. Steven D. Weiss, 23, is a graduate student enrolled in the Doctoral Program of the Bio-Physics Department at Penn State. He is engaged in research on plant genetics and anticipates receiving his Masters Degree in 1971.

13. On June 19, 1970, Eric A. Walker, President of Penn State, notified Weiss of his immediate dismissal from the University for disciplinary reasons arising out of Weiss' alleged participation in the demonstration at the “Old Main” Building.5 Weiss was then provided an opportunity to submit further materials to the President by June 26, 1970, which he did, but on June 30, 1970, one day after the beginning of the Summer Term, the President notified Weiss that the dismissal would stand.

14. At the time of his dismissal, Weiss had enrolled in the Summer Term at Penn State for research credits. Weiss is at that stage in his education where he is about to “take hold” as an intellectual researcher with minimum future supervision.

15. At the time of. his dismissal, Weiss had expected to be appointed as a graduate assistant for the Fall Term beginning on or about October 1,1970.

16. In accordance with the University’s stipulation, the graduate assistant-ship Weiss expected to receive for the Fall Term will be held in abeyance pending the outcome of the trial of this action on the merits.

17. The culture developed by Weiss in the course of his research will be maintained by the Bio-Physics Department during the pendency of this action.

18. Weiss’ lack of enrollment in the Summer Term at Penn State will not af[128]*128feet his Selective Service status, which is presently I-A, since the University has agreed not to report the disciplinary action taken against Weiss to his Selective Service Board. Weiss previously held a II-A occupational deferment, but was reclassified I-A for reasons not relevant to this lawsuit. His Selective Service Lottery Number is #355 which, barring extraordinary circumstances, would not make him vulnerable to a draft call.

DISCUSSION

Generally, applications for preliminary injunctions are addressed to the sound discretion of the Court and are not issued unless the applicant fulfills his burden of proof. Joseph Bancroft & Sons Co. v. Shelley Knitting Mills, 268 F.2d 569 (3d Cir. 1959). It is an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it. Warner Bros. Pictures v. Gittone, 110 F.2d 292 (3d Cir. 1940). Necessary factors to be established by the moving party are: (1) a clear showing that irreparable injury would possibly result pendente lite if relief is not granted, and (2) a reasonable probability of eventual success in the litigation. Kontes Glass Co. v.

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315 F. Supp. 125, 1970 U.S. Dist. LEXIS 10706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sill-v-pennsylvania-state-university-pamd-1970.