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Robert WILLIS, Plaintiff-Appellant v. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER; Texas Tech Uni

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Texas Tech University Health Sciences Center expelled Robert Willis after its Student Conduct Board found that Willis had threatened his ex-girlfriend — a fellow student — with a handgun. Willis claimed his disciplinary hearing did not meet the minimum requirements of due process. The district court disagreed and granted summary judgment to the Texas Tech defendants. Willis appealed, and we affirm.

After allegations surfaced that Willis had pointed a 9mm pistol at a classmate while the two argued at Willis's off-campus residence, Texas Tech's Student Conduct Board sent Willis a detailed letter explaining that a complaint had been filed against him. The letter notified Willis of a hearing date and included: the factual basis for the complaint; the portions of the Student Code allegedly violated; a list of the Board members and an opportunity to challenge them for partiality; and an explanation of how to submit evidence, call witnesses in his behalf, sand secure an advisor.

The Board held the hearing, at which Willis stated his position but called no witnesses, and determined that Willis had in fact pulled a gun on a fellow student. He was expelled. Willis sued Texas Tech and its administrators in state court for violating his federal due process rights, but the defendants removed to the Western District of Texas, where they moved for summary judgment. The district court — noting that Willis did not submit any evidence to refute Tech's motion — assumed Willis had a protected right to his education but held that Tech gave Willis all the process he was due. Willis appealed. Our review is de novo, applying the same standards as the district court and viewing the evidence in the light most favorable to Willis.

Jackson v. Cal-W. Packaging Corp., 602 F.3d 374, 377 (5th Cir. 2010).

This court recently dealt with a similar case, one in which Louisiana State University disciplined a student for allegedly harassing his ex-girlfriend. We explained in a persuasive unpublished opinion:

A student subject to school disciplinary proceedings is entitled to some procedural due process. The student must be given notice of the charges against him, an explanation of what evidence exists against him, and "an opportunity to present his side of the story." The student is not entitled to the "opportunity to secure counsel, to confront and cross-examine witnesses supporting the charge, or to call his own witnesses to verify his version of the incident."

Willis's cursory appellate brief fails to explain what about the hearing was deficient. An independent review of the undisputed record shows Tech gave Willis more than the minimum process required by the Constitution.

AFFIRMED.

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WILLIS v. TEXAS TECH UNI. HEALTH SCI. CTR
(Sep 1, 2010)