Tuesday, January 10, 2017

"Due Process" Updated

Sunday, November 13, 2016

"Due Process" In Administrative Hearings

  1. Right to prior notice-of/access-to the: “Charges” against the citizen; Law/rules/regulations alleged to be violated; The names and other identifying information of all witnesses who have provided testimony or other evidence; Documents/physical-evidence as to the “charges”.
  2. The right to compel personal testimony of witnesses and to have that testimony given on oath/affirmation (Allowing for criminal or civil punishment for perjury/false-swearing if such is inflicted).
  3. The right to a hearing before a neutral hearing examiner.
  4. The right to a written decision from that examiner.
  5. The right to appeal any such decision to a court-of-law based on the facts, the law and state and federal constitutions.
When I was a "Hearing Officer" for a State "Department Of Corrections", these were the rights given convicted criminals for hearings as to revocation of probation or parole.

Certainly, the above should/must apply to "disciplinary" hearings conducted by universities/colleges!

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