Due Process Rights in Faculty and Staff Dismissal

The Fifth Amendment to the U.S. Constitution states, as a command to the federal government, that no person shall be “deprived of life, liberty, or property, without due process of law.” Similarly, Section 1 of the Fourteenth Amendment extends the same principles of due process to state governments. Affording individuals or organizations “due process” basically means to conduct legal proceedings with fairness in both content and procedure. It is the Fourteenth Amendment and its connection to state governments that connects the due process clause to the work of public colleges and universities. In private colleges and universities, the principles of due process are usually governed by standards of good faith in adherence to provisions of contracts and handbooks. In light of the importance of due ...

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