Disciplinary Sanctions and Due Process Rights

Due process is a central concept in American jurisprudence, rooted in the U.S. Constitution and elaborated in numerous cases involving the discipline of students in higher educational settings. The Constitution guarantees that the government cannot take away a person's basic right to “life, liberty or property, without due process of law.” With respect to the discipline of students in institutions of higher education, particularly those that are public in nature (private institutions are ordinarily governed by contracts), due process guards against human error and bias while ensuring fairness in governmental actions that threaten students' lives, liberty, and/ or property interests.

Officials in institutions of higher education have the authority to promulgate and implement their own rules, policies, and procedures. Institutional officials also have the responsibility to ...