Thursday, June 07, 2018

Due Process On Campuses

  1. Right to a timely AND sufficient-time prior (Written)notice-of/access-to the: “Charges” against the citizen; The  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 a timely “due process” hearing to prevent the departure of witnesses or deterioration of other evidence;
  3. The right to have legal counsel present at all hearings and such council allowed full and active participation in all proceedings.
  4. 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) AND to personally OR by counsel cross-examine those witnesses.
  5. The right to a hearing before a neutral hearing examiner.
  6. The right to a written decision from that examiner.
  7. The right to appeal any such decision to a court-of-law based on the facts, the law and state and federal constitutions if a public institution is involved (OR to to the highest authority in a private organization).

These were the rights given to convicted criminals facing revocation of probation/parole by Wisconsin's Department Of Corrections. I fail to understand why universities will not provide the same “Due Process” to students facing in-school disciplinary actions. (Where guilt or probable cause was found by a court-of-record, some of these rights were not given.)
ALSO:  RIGHT TO LEGAL COUNCIL IN UNIVERSITY DISCIPLINARY HEARINGS:  
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDACASE NO: 9:16-CV-80850-ROSENBERG/BRANNON
JOHN DOE, Plaintiff v. LYNN UNIVERSITY, INC., A Florida not for profit corporation, 
 Lynn University, Defendant

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