Procedural and Substantive Due Process Comparison

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Procedural and Substantive Due Process in Educational Setting : A Comparison

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Introduction

The Due Process Clause in the US Constitution is the fundamental guarantee that all proceedings against a person shall be fair , and that proper notice and an opportunity to be heard will be given before any action is imposed that may deprive a person of his life , liberty and property . It is also a constitutional guarantee that the law used as a basis for depriving him either of his

life , liberty and property is reasonable , fair and just . This constitutional guarantee is embodied in the Fifth Amendment which states that No person shall be .deprived of life , liberty and property without due process of law ' This is also emphasized in the Fourteenth Amendment which states thus , nor shall any State deprive any person of life , liberty , or property , without due process of law

Two Purposes of Due Process Rights of Students

The protection guaranteed under the due process clause extends to the realm of the educational institutions , specifically in favor of students (V Lane Rawlins , 2005 ,

.1 . This constitutional guarantee as applied in educational institution serves two distinct purposes . The first is to ensure that with the use of fair procedures accurate decision is reached and that erroneous deprivation of constitutionally protected interest is avoided . Before a student is punished by dismissal or suspension , it is necessary that proper procedure has been followed and that the right decision was made . However , in...