Due process demands that authorities provide fair, unbiased, and equitable procedures when determining a person’s guilt or innocence. The same principle applies to judicial hearings on college campuses: If those campuses care about the justice and accuracy of their findings, they must provide fair and consistent procedures for the accuser and the accused.
History teaches that the rights of all Americans can be secured only through the establishment of fair procedures and with a consciousness that all are equal in the eyes of the law. Yet on many college campuses, the accused face “kangaroo courts” that lack fair procedures, in which the political viewpoint or institutional interests of the “judges” greatly affect the outcomes of trials. The accused are often charged with no specific offense, given no right to face their accusers, and sentenced with no regard for fairness or consistency. As a result, a generation of students is being taught the wrong lessons about justice — and face ruinous consequences in their personal, academic, and professional lives. College students and faculty must come to know that justice means more than merely the enforcement of the will of the powerful and the suppression of the views of the powerless.
Learn more about how due process protects US from governmental overreach
I’m relieved that the school has recognized its mistake and rectified its actions. Knowing that standing up for free expression will now allow other students to consume fictitious content without fearing punishment is the icing on the cake.
When incoming student Ash Mikkelsen was expelled from the Kansas City Art Institute without due process after retweeting sexually explicit Japanese-style cartoons featuring nudity and sex, known as hentai, FIRE sprang into action — and won.
Due process and fundamental fairness are in crisis on America’s college and university campuses. FIRE analyzes disciplinary procedures at 53 top-ranked institutions nationwide and rates them based on 10 fundamental elements of due process.
Colleges and universities across the country fail to afford their students due process or fundamental fairness in disciplinary proceedings.
FIRE’s research reveals that institutions nationwide are refusing to implement a single, fair disciplinary process for all students.
If you face suspension or expulsion from a public university, you have a right to hear the evidence against you and to have an opportunity to rebut it.
FIRE’s Guide to Due Process and Campus Justice provides information about the appropriate and inappropriate methods by which university administrators and student judicial panels address issues of academic misdeeds and behavioral misconduct.
Unfortunately, in recent years, the government’s efforts to fight discrimination on campus in the name of Title IX have sometimes overstepped the bounds of the Constitution.
FIRE supports legislation that promotes fair and reliable non-academic campus disciplinary hearings on college campuses. We also work with policymakers to defeat measures that would further undermine fundamental fairness and to promote those that ensure that the campus judiciary provides meaningful due process protections to students accused of infractions.
FIRE defends the rights of students and faculty through several core services.
FIRE’s core defense program provides free assistance to individual students, professors, student media, and campus groups whose fundamental civil liberties are violated.
FIRE’s college Policy Reform team works to proactively and systematically challenge campus policies that violate students’ and faculty members’ free speech and due process rights.
Facing a university investigation? Have officials refused to share evidence or follow fair procedures? FIRE’s lawyers may be able to help.
FIRE advocates for individual rights at both the state and federal level by advocating on behalf of rights-protective legislation and against proposed laws that threaten student and faculty due process rights.
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