Due Process Roulette: Why Public University Students Are Not Guaranteed Procedural Due Process When Facing Suspension or Dismissal
Medd, Ty C.
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
Creighton University School of Law