Due Process Higher Education
Due Process in Higher Education
The United States Constitution is the highest law in the United States. It establishes the form of the national government and defines the rights and liberties of the American people.
Under the Fourteenth Amendment of the United States Constitution, no state may “deprive any person of life, liberty, or property, without due process of law.” Students attending public institutions of higher education are entitled to these rights. The Due Process Clause serves as the primary external source of procedural requirements for public institutions. “The Due Process Clause guarantees more than fair process, and the liberty it protects includes more than the absence of physical restraint” (Bach, 2003, p. 31).
This paper will focus on rights afforded students, as required by due process, within the context of student suspensions and expulsions. It also describes the applicable case law associated with due process rights for students in higher education.
Due Process
There are two forms of due process, substantive and procedural. Both forms of due process must be considered when a public institution contemplates dismissing a student for academic or behavioral reasons. Substantive due process means that the rule itself must be fair and the substance of the decision must be sound, not arbitrary and capricious (Garner, 2004). “Under substantive due process, students cannot be disciplined for constitutionally protected actions, or for actions which the government has no legitimate interest in punishing” (Bach, 2003, p. 31).
Institutions have a right to expel, suspend or issue sanctions for misconduct or academic inadequacies. In these situations students must be afforded the rights guaranteed by the United States Constitution. Acting as an arm of the state, public institutions are required to provide a certain level of due process and other constitutional rights. Private institutions, however, are not required to provide the same
The United States Constitution is the highest law in the United States. It establishes the form of the national government and defines the rights and liberties of the American people.
Under the Fourteenth Amendment of the United States Constitution, no state may “deprive any person of life, liberty, or property, without due process of law.” Students attending public institutions of higher education are entitled to these rights. The Due Process Clause serves as the primary external source of procedural requirements for public institutions. “The Due Process Clause guarantees more than fair process, and the liberty it protects includes more than the absence of physical restraint” (Bach, 2003, p. 31).
This paper will focus on rights afforded students, as required by due process, within the context of student suspensions and expulsions. It also describes the applicable case law associated with due process rights for students in higher education.
Due Process
There are two forms of due process, substantive and procedural. Both forms of due process must be considered when a public institution contemplates dismissing a student for academic or behavioral reasons. Substantive due process means that the rule itself must be fair and the substance of the decision must be sound, not arbitrary and capricious (Garner, 2004). “Under substantive due process, students cannot be disciplined for constitutionally protected actions, or for actions which the government has no legitimate interest in punishing” (Bach, 2003, p. 31).
Institutions have a right to expel, suspend or issue sanctions for misconduct or academic inadequacies. In these situations students must be afforded the rights guaranteed by the United States Constitution. Acting as an arm of the state, public institutions are required to provide a certain level of due process and other constitutional rights. Private institutions, however, are not required to provide the same
References: Bach, J. J. (Winter 2003). Students have rights, too: The drafting of student conduct codes. Brigham Young University Education and Law Journal, 1, 1-36. Board of Curators of the University of Missouri v. Horowitz, 435 U. S. 78 (1978). Dessem, R. L. (1978). Board of Curators of the University of Missouri v. Horowitz: Academic versus judicial expertise. Ohio State Law Journal, 39, 476-495. Dessem, R. L. (1976). Student due process in academic dismissals from public schools. Journal of Law-Education, 5(3), 277-306. Dixon v. Alabama State Board of Education, 294 F. 2d 150 (5th Cir. 1961). Dutile, F. (2000). Students and due process in higher education: Of interests and procedures. Esteban v. Central Missouri State College, 415 F. 2d 1077 (8th Cir. 1969). French v. Bashful, 303 F. Supp. 1333 (E. D. La. 1969). Garner, B. A. (Ed.). (2004). Black’s Law Dictionary (8th ed.). St. Paul, MN: West. Gorman v. University of Rhode Island, 837 F. 2d 7 (1st Cir. 1988). Kalinsky v. State University of New York at Binghamton, 557 N. Y. S. 2d 577 (N.Y. App. Div. 1990). Kaplan, W. A., & Lee, B. A. (2007). The law of higher education (4th ed.). San Francisco, CA: Jossey-Bass La Roche, C. R. (2005). Students rights associated with disciplinary and academic hearings and sanctions Lightsey v. King, 567 F. Supp. 645 (E.D.N.Y. 1983). Matloff, J. (2001). The new star chamber: An illusion of due process standards at private university disciplinary hearings Nash v. Auburn University, 812 F. 2d 655 (11th Cir. 1987). Pendlay, E. (2006). Procedure for pupils: What constitutes due process in a university don’t get. The Yale Law Journal, 96(8), 2132-2161. Slaughter v. Brigham Young University, 514 F.2d 622 (10th Cir. 1975). Smyth v. Lubbers, 398 F. Supp 777 (W. D. Mich. 1975). Stevens, E. (1999). Due Process in Higher Education: A Systemic Approach to Fair Decision Making Tedeschi v. Wagner College, 49 N. Y. 2d 652 (N. Y. 1980). Vernon, E Wasson v. Trowbridge, 382 F. 2d 807 (2d Cir. 1967).