ERIC Number: ED496221
Record Type: Non-Journal
Publication Date: 2006-Jul-31
Due Process in the Realm of Higher Education: Considerations for Dealing with Students Rights
Fishner, Jason T.
Court decisions have laid out expectations of what due process procedures need to be followed in student disciplinary cases and academic dismissal cases due to poor academic performance. This paper will give show where due process comes from and how it found its way into higher education. It will show that there are differences in the ways public and private higher education institutions need to maintain different levels of procedures in the judicial affairs function. In addition, it will show that an institution that goes above the minimum standards of due process in their policies may put a student victim in an uncomfortable position. Information on due process is available through evaluating the outcomes of court cases and journal articles. The effects on a victim when due process standards are higher can be evaluated from research on victims having contact with their alleged violator, and my experiences in working with students as a Judicial Hearing Officer. The results show that due process standards differ between public and private institutions and much less then what procedures are required by the criminal courts. There is a difference between the due process rights that a student has as an alleged violator of a student conduct code and when they do not maintain academic standards. When an institution allows a higher then minimum standard of due process, and allows an accuser to have contact with a victim through the disciplinary process, it can be traumatic a student's development. Most importantly for the university is when due process standards are now followed, it can result in expensive lawsuits for the institution.
Publication Type: Reports - Evaluative
Education Level: Higher Education
Authoring Institution: N/A
Grant or Contract Numbers: N/A