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Due Process in the Disciplinary Process

Students must be afforded due process in disciplinary procedures. Procedural due process is based on the concept of "fundamental fairness." It includes an individual's right to be adequately notified of the allegations of misconduct and proceedings and be granted the opportunity to be heard at these discipline proceedings. Parents must be notified of the disciplinary proceedings but have no right to be present during the administrator’s investigation or during interviewing of the student. The administrator has discretion to allow the latter when it would aid the investigative process to do so.

 

When a student has been written up and the disciplinary process begins, the following must occur:

  1. The student must be told what he/she is accused of and by whom (faculty member).
  2. The student must be given an opportunity to tell his/her version of the facts and write a statement of such.
  3. The student must be allowed to provide any witnesses to the event.
  4. The student must be informed of the administrator’s action on the infraction and the consequence.