Woods v. Simpson

BOND, O. J., delivered the opinion of the Court. This appeal is from an order granting the petition of a student of the University of Maryland for the writ of mandamus to compel the officers and regents of the University to permit her to continue her course. She had been refused admittance to the third year of work after she had finished the first two years. The ease was heard before the court below "without a jury.

There are eighteen exceptions noted in the record, but this Court is required, upon appeal from a decision of the court in such a case, to consider and weigh the whole record, and, exercising its own judgment upon the law and facts; determine whether the decision of the trial court was correct; and after such a consideration we have found it unnecessary to rule upon the exceptions. Pope v. Whitridge, 110 Md. 468 -475; Manger v. Board of Examiners, 90 Md. 659 -673; Creager v. Hooper, 83 Md. 490 -502. It appears from the testimony taken that the petitioner was a young woman not readily submissive to rules and regulations, and that during her two years at the University she was to a considerable extent in conflict with the authorities who had her in charge. And at the conclusion of her second scholastic year, in June, 1923, when her father applied for a reservation of a room for her for the third year, the president of the institution replied that experience with the daughter had not been satisfactory and that it was considered for her best interest, as well as for that of the students and the University, that she should not live in a dormitory.

The letter concluded: “I think it is only fair to say to you in this connection that an investigation in progress may reveal facts which may lead us to ask you to arrange for your daughter’s transfer to some other institution. She is ⁵⁵⁰ apparently not in sympathy with the management of the institution or with the majority of the students in their system of student government. I am calling this to your attention now so that you may have time to decide where she is to go in case we decide not to reenter her here.” A letter of a week later, replying to. a second effort of the father to secure a dormitory room, advised him definitely that a room would not be available for the daughter, and that if she was readmitted it would be as a day student. The investigation, referred to in the letter quoted, was an effort to trace the source of a report professing to have been furnished by girl students to a Washington newspaper and there published that men officials of the University were making objectionable suggestions to girl students and otherwise exhibiting a wrong moral attitude toward them.

Instances were described in the report. It depicted a dangerous condition, and was a serious attack on the institution, obviously demanding an investigation and correction of the condition if it existed. It is conceded by both sides in this litigation that the report was false, but. investigation was none the less necessary at the time. A students’ mass meeting passed a resolution of confidence in the administration, denying the report, and all voted in favor of the resolution except the petitioner and one other.

All the girl students were asked if they knew anything of the charges, and when the petitioner was asked by the dean of women, she turned and left without answering. Some time in July the petitioner was invited to a conference by the president, and told by him that he had reason to believe that she signed some of the charges given to the newspaper, and was asked whether or not she had done so. The president said he wanted an answer to aid him and that unless she answered she would not be registered for the following term. She then asked him if the charges did not appear in the newspaper, and the president said he was not asking the1 newspaper, lie was asking her.

She replied that she could not answer that question. ⁵⁵¹ Again, in September, 1923, she saw the President, and was told by him that unless she complied with his demands made in July she would not be registered. She' was thereupon transferred to George Washington University, and brought this proceeding in Baltimore. The maintenance of discipline, the upkeep of the necessary tone and standards of behavior in a 'body of students in a college, is, of course, a task