The elements of due process vary according to context. Students should recognize that there are multiple elements of due process but not all of them apply to every context. There are more elements of due process in criminal proceedings than in administrative proceedings like the student conduct resolution process. However, students will receive the following elements of due process:
- Informed of the nature and source of the allegations;
- Opportunity to address and refute the allegations with information and evidence;
- Heard by an unbiased tribunal;
- Seek the advice of an advisor of their choosing;
- Access a record of the hearing.
The U.S. Courts have established that at a minimum, college students have a right (1) to be notified of impending allegations against them, and (2) to be heard on the allegations. The University believes that its conduct resolution process is consistent with the minimum expectations established by the courts for procedural due process.
Students that are interested in learning more about due process can read a thorough treatment of the subject by reading the following law review article:
Friendly, H. J. (1975). Some kind of hearing. University of Pennsylvania Law Review, 123(6), 1267-1317.