University of Colorado at Boulder: Disciplinary Hearing Allowing Accuser to Judge Accused

At the University of Colorado at Boulder, Carlos Martinez was expelled by the head of the Office of Judicial Affairs, Andrea Goldblum, for yelling at staff at the Office of the Bursar. Given 48 hours to vacate the school premise, Martinez protested, demanding that he be given a fair trial, and was granted permission by the Colorado District Court. Goldblum declared Martinez a threat and asked for a court order prohibiting him from contacting her. Apparently she changed her mind as the trial drew nearer, requesting the ban on contact be lifted so that she could preside over his trial. FIRE wrote to the District Court pointing out the obvious conflict of interest, and Judge Daniel C. Hale lifted the ban, but also warned Goldblum against putting herself in charge of the proceedings. While she did remove herself from the trial, Goldblum substituted in one of her close colleagues, who upheld the expulsion. After being forced to bring his case to District Court, Martinez was finally reinstated, as the school was found guilty of violating due process regulations.

    Case Materials

  • "Final Ruling and Order in 'Martinez v. Regents of the University of Colorado', December 29, 2000," March 6, 2009
  • "Opinion in Carlos Martinez v. The Regents of the University of Colorado," Case No. 2000 CV 658, Division 4, October 14, 2004
  • "Judge, Jury, Executioner, and . . . "Victim?": Biased CU Hearing Officer Withdraws Under Pressure From FIRE," June 24, 2004: Where is an alleged "victim" allowed to sit in judgment over the accused? . . . at the University of Colorado at Boulder, where FIRE is actively involved in supporting Carlos Martinez in his efforts to fight his unlawful expulsion. FIRE helped Martinez to obtain the removal of a biased hearing officer who for weeks had ignored requests that she recuse herself, despite a clear conflict of interest.
  • "Campus Censorship Zones," October 3, 2002: FIRE's Harvey A. Silverglate and Josh Gewolb address the scandal of "free speech zones"—censorship zones—in The National Law Journal.
  • "Victory for Due Process in Colorado," January 9, 2001: In yet another case of society calling our colleges to task for their abuse of power, Colorado District Court Judge Daniel C. Hale ordered the University of Colorado at Boulder to readmit undergraduate Carlos Martinez for the spring semester. Judge Hale termed Martinez's expulsion and the campus judicial proceedings that led to it "an abuse of discretion . . . not supported by any competent evidence . . . unbelievable . . . troublesome . . . inexcusable . . . so devoid of evidentiary support that it can only be explained as an arbitrary and capricious exercise of authority . . . void . . . [and] a blatant attempt to evade judicial review." Judge Hale concluded: "A disciplinary system must have the appearance of impartiality and fairness, neither of which was apparent in this case."