Due Process
- 1. Due Process
- 2. Due Process 14 th Amendment … nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws. 5 th Amendment No person shall be… compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;…
- 3. What is due process ? Due process is a guarantee of basic fairness. It requires that governmental action not be arbitrary, unreasonable, or discriminatory and that fair procedures be followed by officials before they carry out any actions “ depriving anyone of life, liberty, or property “.
- 4. How do we accomplish this ? Fairness can in various cases, have many components: 1. Substantive Due Process : Knowledge of School Rules; requires rules to be reasonably defined, fairly administered, and related to a valid purpose.
- 5. 2. Procedural Due Process ; refers to the procedures which must be follow before life, liberty, or property right is deprived by the state. Adequate Notice : A specific date, time, and location of the incident; Statement of specific charges and grounds that could justify expulsion.
- 6. A description of the evidence the school district is relying upon; A specific date, time, and location to appear and challenge the suspension or expulsion.
- 7. Student Conference : Due process mandates that students be afforded a fair and impartial hearing at a meaningful time in which he/she will have the opportunity to be heard, respond to the charges and write a statement.
- 8. Parent Conference : A detailed oral and/or written notice of the charges including: The specific act or incidences involved; A description of the evidence the school district is relying upon; The exact numbers of days of suspension, and when the suspension begins and ends.
- 9. Due Process Rights Associated with Disciplinary Hearings 1.Timely Disposition/mandatory (Cobb v. Rector and Visitors Univ. of Virginia) 2. Notice/mandatory (Dixon v. Alabama State Board of Ed.) 3. Adherence to established procedures/Recommended (Goodreau v. Visitors of the Univ. of Virginia) 4. Hearing/Mandatory (Dixon v. Alabama State Board of Ed.) (Goss v. Lopez)
- 10. Due Process Rights… 5. Assistance of Student Advocate/ Advisable but not required (Tigrett v. Rector and Visitors of the Univ. of Virginia) 6. Right to Presence of Counsel/Not required unless criminal charges are pending (Gabrilowitz v. Newman) 7. Substantive Due Process/Required (Dixon v. Alabama Board of Ed.)