Due Process at Public Institutions

Overview

Students at public colleges and universities are entitled to constitutional due process when the school threatens their enrollment. Disciplinary cases generally require notice and a meaningful opportunity to be heard; academic decisions require less, but the process must still be careful and not a sham.

Where a public institution denies the process a student is due, those rights can be enforced — including in federal court under 42 U.S.C. § 1983 and through requests for injunctive relief.

What I can help with

• Assessing the process owed for your type of matter
• Documenting where the school denied notice or a fair hearing
• Demanding compliant process from the institution
• Pursuing claims under Section 1983 where warranted
• Seeking injunctive relief to halt or undo improper action
• Coordinating the constitutional and policy-based arguments

This is general information about the matters I handle and the law that applies to them. It is not legal advice about your situation, and the law in this area can change. For advice on your matter, start with the Full Read + Game Plan — your entire file read, straight answers, and exactly what to do next, in what order.