Due Process on Campus. Blueprint for Reform

Institution	James G. Martin Center for Academic Renewal
Titel	Due Process on Campus. Blueprint for Reform
Quelle	(2020), (4 Seiten) PDF als Volltext kostenfreie Datei Verfügbarkeit
Sprache	englisch
Dokumenttyp	gedruckt; online; Monographie
Schlagwörter	Civil Rights; Higher Education; Citizenship; Constitutional Law; Student Rights; Educational Policy + Suchen Sie Ihr Suchwort? Bürgerrechte; Grundrechte; Zivilrecht; Hochschulbildung; Hochschulsystem; Hochschulwesen; Staatsbürgerschaft; Staatsrecht; Politics of education; Bildungspolitik
Abstract	Due Process is the right to fair and objective process in judicial matters. This is a right recognized in the 5th and 14th amendments of the United States Constitution, which provides that no one should be "be deprived of life, liberty, or property, without due process of law." In campus judicial proceedings, institutions should rely on policies and legal precedent to decide what order to follow and how to rule in cases with contested facts or contradicting statements. Nevertheless, there are instances where students' rights to due process is violated in various ways, from expelling students without notice or opportunity to be heard; a lack of opportunity for cross-examination in disciplinary hearings; and a biased or unqualified hearing panel acting as a judicial body. The James G. Martin Center for Academic Renewal (Martin Center) recommends that all colleges and universities provide full due process rights that are guaranteed through the United States judicial system, in order to provide justice and fairness to both the accuser and the accused. This should primarily be done in two ways. First, delegating serious felonies like sexual assault charges to appropriate authorities that are better qualified and prepared to carry out a thorough investigation without violating the rights of the accused. Universities are simply not capable of performing this high stakes legal task. Second, there must be a student equivalent of Miranda Rights. Specific recommendations for universities and policymakers are provided along with an annotated list of model legislation. (ERIC).
Anmerkungen	James G. Martin Center for Academic Renewal. 353 East Six Forks Road Suite 200, Raleigh, NC 27609. Tel: 919-828-1400; Fax: 919-828-7455; Web site: https://www.jamesgmartin.center/
Erfasst von	ERIC (Education Resources Information Center), Washington, DC
Update	2024/1/01