A student has violated the student conduct and the appropriate punishment is either a long-term suspension or expulsion. How do we expel a student without getting sued?
At a minimum, a colleges disciplinary process must provide notice to the student of the charges against him or her; an opportunity for the student to respond; and a final decision made by an impartial decision maker.Manuscript entitled Constitutional Rights of Community College Student presented by Bob Joyce at the March 7, 2005 Community College Trustees Law Conference entitled Constitutional Rights of Community College Students. Professor Joyce cites Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985) as the authority for this statement. Colleges should also consider the efficacy of providing the student with the charges and decisions in writing, notifying the student of the witnesses who have offered evidence against them and of the evidence the offered, and permitting the student to be represented by an attorney if the college is to be represented by counsel in any proceedings.See Dixon v. Alabama State Bd. of Educ., 294 F2d 150 (5th Circuit) The Fourth Circuit Court of Appea
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