CONSTITUTIONAL "DUE PROCESS"---UPDATED

CONSTITUTIONAL “DUE PROCESS”

IN

ADMINISTRATIVE PROCESSES

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 confront witnesses AND to cross-examine them.
4. The right to a hearing before a neutral hearing examiner.
5. The right to a written decision from that examiner.
6. The right to appeal any such decision to a court-of-law based on the facts, the law and on state and federal constitutions.

When employed by a State department-of-corrections I was a “Preliminary Hearing Officer” in hearings as to motions to revoke the parole/probation of convicted criminals. The above were the rights given to those persons.

[At the least, those rights should/must be given to presumed, law-abiding, students facing university or college disciplinary actions/hearings.]