Due Process Roulette: Why Public University Students Are Not Guaranteed Procedural Due Process When Facing Suspension or Dismissal
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Authors
Medd, Ty C.
Issue Date
2019
Volume
52
Issue
3
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
This Note will discuss the importance of providing public university students facing expulsion or long-term suspension with proper due process protections. First, this Note will present the origins of a constitutionally-protected liberty or property interest as derived from the Due Process Clause. Next, this Note will examine Supreme Court precedent relating to a student’s right to procedural due process. Then, the split amongst the circuit courts of appeals, which resulted from a lack of guidance from the Supreme Court, will be reviewed. Finally, this Note will argue that both a protected property interest in continued education and a protected liberty interest in a student’s reputation should be implicated when a public university
student faces dismissal or long-term suspension for academic or disciplinary reasons
Description
Citation
Publisher
Creighton University School of Law