Module 5

Assignment 5

Priyal Morjaria

Chapter 8
2. What are the basic elements of procedural due process? Procedural due process is a
constitutional requirement that allows an individual the process to be notified and heard before
the court off before a constitutional right of life, liberty or property is taken away from them by a
state or federal government. Procedural due process enforces a standard of fairness. Two
important elements of procedural due process are the rule against bias and the right to a hearing.
The rule against bias states that no man shall be a judge in his own cause and the right to a
hearing allows an individual to be heard before being charged with an offense.
4. Are disciplinary and academic suspensions and dismissals viewed differently by the
courts? Suspensions and expulsions dont necessarily require a full scale judicial hearing
however universities have to follow many of the elements of procedural due process. Students
have to be notified that they are charged and they should also have the right to a hearing. Cross
examination isnt always necessary unless the charge against the student or the severity of the
issue requires it (ex. Permanent expulsion).
Chapter 9
1. What do courts mean when they use the term substantive due process? Substantive due
process stems from theory of natural law where protection of individual rights is necessary even
if this protection is under explicit constitutional provisions. Substantive due process allows
courts to consider the natural law vested in people. Courts should not just look at the explicit
content of the constitution but also consider the implicit content that relies on human rights. With
the enactment of the 14th Amendment the supreme court now also adds element of implicit
meaning in due process.
8. What is the essence of judicial deference? Judicial deference in an academic setting
basically considers any student issue of academic standards or failure to achieve academic
standards a matter thats in the hands of the institution. The only way court involvement is
accepted is if the issue that comes before the court is in bad faith, arbitrariness is demonstrated,
is capricious or is in violation of the constitution.
9. Why are the courts concerned about university rules that are vague or overly broad?
Can you think of examples? Courts are concerned about vague university rules because
vagueness brings with it the likelihood of arbitrariness and this is in violation of due process.
When something is not clearly defined it potentially allows an individual to act in accordance of
lawful and unlawful conduct. Students clearly need to know what is prohibited and what is not
prohibited. For example if a university does not have clearly defined policies against hazing then
it is potentially creating a dangerous environment for students when it comes to bullying.