Due process refers to the requirement that the government must respect all legal rights that are owed to a person. It includes both substantive and procedural aspects. Substantive due process establishes that governmental rules must be reasonably defined and related to a valid purpose. Procedural due process refers to the fair procedures that must be followed before the government can deprive someone of life, liberty, or property. This includes the right to adequate notice of charges, a hearing at a meaningful time and place, and the right to respond to charges and present evidence. Students facing suspension or expulsion are owed certain due process rights, including timely disposition of hearings, proper notice of charges, adherence to established procedures, the right to a hearing, and substantive due

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.)