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¶ … student rights must be protected?
According to Kaplin and Lee, the public university must protect the students' rights to "life, liberty, and property" (p. 459). Most courts assume that students have a "property interest" in not being expelled or suspended from school (Kaplin and Lee, p.459). Students also have a right to know what charges are being brought against them, and to have the ability to dispute these charges. Students also have the right to a sufficient period of time before the hearing to obtain counsel, the right to examine the evidence that is being brought against them, and the right to appeal the dismissal board's decision. The college or university should protect these rights not only when students are facing dismissal, but also when they are facing suspension or some lower form of sanction (Kaplin and Lee, p. 467). While these federal requirements do not necessarily apply to private institutions this "does not necessarily mean that the student stands procedurally naked before the authority of the school" (Kaplin and Lee, p.470). Even private universities are mandated to follow "a requirement of fairness," that can be upheld by reviewing courts (Kaplin and Lee, p. 459).
2. What process is required in academic dismissal?
First, the student should be given notice of the charges against him or her and information that the "would justify expulsion under the regulations of the board" (Kaplin and Lee, p. 459). Next, a hearing where both sides of the issue could be heard and discussed would be held. At this hearing, students are also commonly provided with the checklist of securities established in Esteban v. Central Missouri State College, such as counsel, written reports, and the right to question witnesses (Kaplin and Lee, p. 460). After the hearing, students are to be given a copy of the board's decision in writing, as well as the right to appeal that decision. Students may then choose to sue the university.
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