decided. All in all, I am satisfied that Weiss has not established that he will suffer irreparable injury from his dismissal if preliminary injunctive relief is not granted.
I decline to hold, as suggested by plaintiffs, that the mere interruption of a student's education constitutes irreparable injury ipso facto.
Education is, of course, a valuable asset to an individual. See Brown v. Board of Education, 347 U.S. 483, 493, 74 S. Ct. 686, 98 L. Ed. 873 (1954); McLaurin v. Oklahoma State Regents, 339 U.S. 637, 641, 70 S. Ct. 851, 94 L. Ed. 1149 (1950). Since it is individualized, however, it is in that individualized context that the question of irreparable harm must be examined. As amply demonstrated above, the harm to Sill and Weiss is not disabling or irreparable.
With reference to the reasonable likelihood of success on the merits, plaintiffs' arguments are three-fold: (1) the regulations are vague and overbroad; (2) the convening of a Special Disciplinary Panel violated procedural due process, and (3) substantial evidence does not support their dismissal.
While these contentions warrant serious consideration, they are not so strong and certain as to warrant interlocutory relief absent a clear showing of irreparable injury. See Kontes Glass Co. v. Lab Glass, Inc., supra; Developments in the Law -- Injunctions, 78 Harv. L. Rev. 994, 1056 (1965).
CONCLUSIONS OF LAW
1. The Court has jurisdiction of the parties and the subject matter.
2. Geoffrey Sill and Steven D. Weiss have not established that they will suffer irreparable injury pendente lite if injunctive relief is not granted them.
3. Geoffrey Sill and Steven D. Weiss have not established that there is a reasonable probability of eventual success in this litigation.
4. Geoffrey Sill and Steven D. Weiss are not entitled to a preliminary injunction and their application for same is denied.
Now, August 3, 1970, in accordance with the Opinion, this day filed, the motion of Geoffrey Sill and Steven D. Weiss for a preliminary injunction be and the same is hereby denied.