- 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”.
- The right to a timely “due process” hearing to prevent the departure of witnesses or deterioration of other evidence;
- The right to have legal counsel present at all hearings and such council allowed full and active participation in all proceedings.
- 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.
- The right to a hearing before a neutral hearing examiner.
- The right to a written decision from that examiner.
- 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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