Tim received a letter from his state college stating that he had been expelled from the school. The letter stated his finance professor reported him to the Dean's office for cheating and that a committee had decided to expel him. He was reminded in the

Question

letter he had been disciplined earlier that same year for plagiarizing a term paper. Tim believes his due process rights have been violated by the college. Discuss what factors should be considered to determine the validity of Tim's claim.

Answer 1

The Constitution's Fifth Amendment addresses "due process." This due process guarantee is made applicable to state governments via the Fourteenth Amendment.
In the case of a student's being expelled from college, a property interest is involved. The property is the student's education. The important question is always how much due process a person is entitled to receive in a given situation.

A person must receive notice of the action being taken and be given an opportunity to present any challenges to a neutral fact finder. In the case of a school expulsion, the student needs to be allowed to present his case to an individual or group who can demonstrate impartiality and lack of bias. Additionally, due process usually requires that the student be allowed to appeal the initial decision to a higher body.

In due process cases, the importance of the property or liberty interest involved will determine the extent of inquiry, notice, opportunity for discovery, etc. that constitutes an appropriate level of due process.

In Tim's case, the college should provide him with notice of the intended action, an opportunity to personally confront the professor before the fact finder, an opportunity to see both his test and the test he allegedly cheated off, and other such considerations. If he loses his case, he should be allowed at least one right of appeal to a higher authority within the college or university. The college will have a strong case to expel Tim if it proves he cheated on the exam since he appears to have been on a probationary status given his earlier problems with the school.