Chapter 8
2: What are the basic elements of procedural due process?
There are two elements of due process. First is the rule against bias. This means that no one can
be a judge for their own court proceedings. The second refers to the right to a hearing in which
“no man shall be condemned unheard” (Alexander & Alexander, 2011).
4: Are disciplinary and academic suspensions and dismissals viewed differently by the
courts?
Disciplinary and academic suspensions and dismissal are viewed very differently by the courts.
As stated by our textbook, “no rigid procedural steps were prescribed by the court” for these
types of proceedings (Alexander & Alexander, 2011). These proceedings operate more like an
informal interview, with no need to have a full-scale hearing that includes witnesses and can be
held within the confines of the college. A notice is initially served and the student has the right to
an oral hearing, with minimum due process required.
Chapter 9
1: What do the courts mean when they use the term “substantive” due process?
In order to prevent an overextension of power and control by the federal government, substantive
due process is used to protect the individual rights of the American people. Using this form of
due process, the court does not simply apply the content of the U.S. Constitution to judiciary
decisions but instead uses a more open ended and broad application of the Constitution to insure
human rights are protected. Substantive due process has been consistently used when interpreting
the fourteenth amendment.
8: what is the essence of “judicial deference”?
Typically, issues of a student failing to meet academic standards will be left to the institution to
handle and carryout discipline. However, if a student claims that a faculty member or
administrator intentionally shows spite or acts unlawfully towards the student, the judiciary
system can then intervene. When this situation occurs, judicial deference has been applied.
9: Why are the courts concerned about university rules that are vague or overly broad?
Can you think of examples?
Vague university rules allow faculty and administration to essentially act with limitless
discretion and apply these rules to however they see fit. University rules do not have to be as
structured and specific as criminal laws, but the general student population must understand their
meaning and validity to a university setting in order to protect their individual rights. In terms of
overly broad rules, the application of one rule that denies a certain type of activity may continue
on and attempt to prohibit other campus activities that are actually deemed constitutional. An
example of vague rules is an anti-harassment of LGBT student policy that has been implemented
but does not give guidelines for appropriate student behavior, what could be viewed as
harassment, and what the repercussions are if an LGBT student is harassed. Another example
occurred in McGlone v. Cheek in which the University of Tennessee denied a public speaker to
share his religious beliefs with students on campus in an open-air arena. Tennessee claimed that
he needed to have a University sponsor, such as a student, faculty, or staff member, but
additionally he had to be sponsored by a registered student organization, staff, or faculty. The
Sixth Circuit court stated that the policy was too vague and that on many occasions the school
allowed speakers on campus who were sponsored by one or the other methods of sponsorship,
not both. Individuals with normal intelligence would not be able to decipher this policy.
References
Alexander, K., & Alexander, K. (2011). Higher education law: Policy & perspectives. New
York, NY: Routledge.