The Supreme Court has assumed, but never explicitly held, that university students have constitutionally protected property and liberty rights in their continued university enrollment.4 In its seminal academic due process case, Goss v. Lopez,5 the Supreme Court considered due process protections at the elementary and secondary levels only.6 Lower courts, nevertheless, have expanded Goss, holding that university students have both a property and a liberty interest in their education, and accordingly, are entitled to due process before expulsion or suspension.7 Even in the absence of an express Supreme Court holding, college students' property and liberty interests in their education are pellucid. DUE PROCESS AND TITLE IX ESTABLISH STANDARDS FOR UNIVERSITY DISCIPLINARY PROCEEDINGS A. Due Process Requires that a University Provide a Disciplinary Hearing The potential adverse consequences of university disciplinary proceedings against an accused students' liberty and property interests in their education renders such proceedings subject to the requirements of due process.\n83 However, the court noted mat disciplinary proceedings involving more serious charges may necessitate the right to confront one's accuser.84 Moreover, in Donohue v. Baker,K the court expressly held that the accused student had a right to confront his accuser because the rape case turned on the credibility of two individuals and thus more formal procedures were required in light of me possibility of expulsion.86 The foregoing notwithstanding, the thought of a student accused of rape cross-examining the student complainant is unsettling from a practical as well as legal standpoint in light of the university's duties to the student complainant under Title IX.
The Real Choice in a Perceived "Catch-22": Providing Fairness to Both the Acc... Holly Hogan Journal of Law and
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"The Real Choice in a Perceived "Catch-22": Providing Fairness to Both the Accused and Complaining Students in College Sexual Assault Disciplinary Proceedings"Please download to view full document