University of Virginia Library

Student Rights

If attendance were in fact a
"privilege," constitutional
limitations would be inapplicable
since there must first be either the
infringement of a legally cognizable
"right" or the involvement of a
substantial interest. Courts,
however, have increasingly
recognized the importance of the
student's interest in educational
opportunity, and have likewise
recognized that what is important is
not whether that interest is
characterized as a "right" or a
"privilege," but that the interest,
itself, be calculated and then
weighed against the University's
concerns.