A Higher Education Due Process Primer: Resolving Procedural Due Process Inconsistencies in Favor of Greater Procedural Protections

| JCUL Volume 47 No. 1

ABSTRACT

This article expands on the current landscape of understanding surrounding due process protections for students enrolled at public colleges and universities. The analysis engages with existing due process scholarship and expands on the due process implications of landmark federal appellate court and Supreme Court holdings. The article concludes by offering a model student conduct procedure that attempts to resolve procedural due process inconsistencies across circuits and conduct case types. It elaborates on the positives and negatives associated with such a model procedure as well as highlights how the model procedure exceeds the minimum required constitutional protections with little or no expansion on current university resources.


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