Attorney Representation For Due Process In Higher Education
Did your school follow their own policies and procedures when they took action against you? Were you given a fair opportunity to defend yourself from allegations? Were you treated differently than other similarly situated students? Private schools have a contractual obligation to their students. Private schools usually must adhere to their policies and procedures when taking adverse action against a student and can be liable when they act in an arbitrary and capricious manner. Public schools are required to give you a certain level of due process and equal protection. We have helped countless students receive the process and fair opportunity to defend themselves, which they are entitled to, and have held their schools accountable when they don’t receive them.
Due process is a fundamental pillar in safeguarding the rights of students in higher education. Still, students often face dismissal and expulsion for numerous disciplinary issues or retaliation for merely exercising their right to free speech.
For years, Education Rights Group, c/o The Bach Law Firm, LLC, has worked with students nationwide, helping them achieve fair outcomes in their academic matters and protecting their degrees and chosen careers.
What Is Due Process?
Due process refers to the legal principle that guarantees individuals fair treatment under the law. In higher education, it encompasses the procedures and protocols institutions must follow when addressing disciplinary actions, grievances or disputes involving students. This includes:
- Providing notice to the student
- Granting the student an opportunity to respond
- Allowing access to relevant information
- Offering the right to be represented
- Guaranteeing a fair decision-making process
- Providing the opportunity to appeal decisions
Education Rights Group, c/o The Bach Law Firm, LLC, takes time to understand the unique circumstances of each student’s case, offering personalized and effective advocacy for their rights throughout the due process proceedings.
Public Versus Private Institutions: Variations In Due Process
While due process is a universal concept, the specific procedures may vary between public and private institutions. Public universities are bound by constitutional requirements and often provide more extensive protections to students. Private institutions, however, have greater flexibility in crafting their policies but must still adhere to contractual obligations outlined in student handbooks or enrollment agreements.
Whether you are in a public or private institution, Education Rights Group, c/o The Bach Law Firm, LLC, will tirelessly fight for your rights and fair treatment throughout the due process proceedings.
Common Educational Programs With Due Process Issues
While any undergraduate or graduate student facing disciplinary action has the right to due process, the issue becomes incredibly important for those pursuing technical degrees with high standards, like:
- Medical students
- Dental students
- Pharmacy students
- Physical therapy students
- Nursing students
Due process is paramount in helping ensure fair treatment for students due to their rigorous academic standards and professional licensure requirements.
Frequently Asked Questions About Students’ Rights
Navigating school discipline can be overwhelming, but knowing your rights ensures fair treatment. Based on the Nevada Department of Education’s updated guidance, here is a direct breakdown of how students’ rights, hearing and appeals work.
What rights do students have during disciplinary proceedings?
Students are protected by several core requirements designed to prioritize fairness and continued learning:
- Notice and explanation: Schools must promptly explain the specific reasons for any disciplinary action or removal.
- Restorative justice: Instead of relying solely on punishment, schools must offer progressive discipline plans that include behavioral support services and interventions.
- Educational services: Education cannot simply stop. Even during a suspension or expulsion, schools must provide educational services so students do not lose academic credit.
Under the Individuals with Disabilities Education Act (IDEA), students with disabilities receive extra protections, including a mandatory review to determine if the behavior was linked to their disability before any long-term removal.
Can a student be expelled without a hearing?
No. Expulsion requires strict due process. The school must provide formal notice, involve parents or guardians in meetings, and promptly schedule a hearing after removal. Additionally, younger students cannot legally be expelled except under extraordinary circumstances approved by the district board.
Can I appeal a university suspension?
Yes, you can appeal a university suspension, but the process depends on whether it is academic (low GPA or unsatisfactory progress) or disciplinary (misconduct or code violations). Most universities have a formal appeal procedure with strict deadlines, so acting quickly and strategically is essential.
Begin by carefully reviewing your suspension letter and cross-checking it against the student handbook or code of conduct. Pay close attention to deadlines – appeals often must be submitted within 5 – 15 business days. Once you understand the requirements, prepare and submit a formal appeal letter.
In your letter, provide clear evidence of any extenuating circumstances (such as illness or family emergencies), explain the factors that contributed to your performance and outline a realistic recovery plan. If the suspension is disciplinary, focus on identifying procedural errors, highlighting insufficient evidence, or demonstrating that the sanctions are disproportionate. Strong appeals are specific, fact-based, and point directly to mistakes or oversights in the original process.
Do I need a lawyer for a disciplinary hearing?
While not legally required, you have the right to bring an advocate or attorney. Having counsel is highly recommended for complex, long-term removal hearings to protect your student’s rights and ensure the school properly follows its progressive discipline mandates.
Contact Us Today
If you are facing disciplinary actions in higher education, don’t hesitate to reach out. Call 800-580-9167 or email us to book a consultation.