Due Process

The rights of all Americans can be secured only through the establishment of fair processes and with a consciousness that all are equal in the eyes of the law. Yet on many campuses, the unfortunate accused face "kangaroo courts" without fair procedures, in which the political viewpoint of the "judges" greatly affect the outcome 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. The FIRE cases listed below illustrate our fight for fundamental fairness on our nation's campuses. This generation of students 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.

Cases

• American University: Denial of Right to Videotape Public Events
• Arizona State University: Racial Restrictions on Class Enrollment (2002)
• Arizona State University: Racial Restrictions on Class Enrollment (2005)
• Bennington College: Termination of Professor Without a Hearing
• Brandeis University: Refusal to Provide Due Process to Person Accused of Sex Offense
• Columbia University: Violation of Due Process Rights in Sexual Misconduct Policy
• DePaul University: Professor Suspended for Expression Without Due Process
• George Washington University: Secret Informer Line
• George Washington University: Violation of Due Process Rights in Sexual Misconduct Policy
• Gettysburg College: Unjust Sexual Misconduct Policy
• Hamline University: Student Suspended after Advocating Concealed Carry on Campus
• Harvard University: Denial of Due Process for Student Acquitted of Criminal Charges
• Harvard University: Due Process Debate
• Orange Coast College: Suspension of Professor Without a Hearing for Political Science Lecture
• Princeton University: Refusal to Recognize Religious Group
• Saint Louis Community College: Student Punished for E-mailing Classmates
• Seminole Community College: Refusal to Allow Student to Distribute Literature
• University of Colorado at Boulder: Disciplinary Hearing Allowing Accuser to Judge Accused
• University of Colorado at Boulder: Investigation of Professor for Controversial Essay
• University of North Carolina at Wilmington: Invasion of Professor’s Privacy and Suppression of Speech
• University of South Florida: The ‘Heckler’s Veto’
• University of Virginia: Lack of Due Process During Honor Code Investigations
• Valdosta State University: Student Expelled for Peacefully Protesting Parking Garages
• William Paterson University: Punishment on Harassment Charges for Response to Mass E-Mail

Articles and News Items

• "The Good, the Bad, and the Ugly: Campus Rights in 2005," Greg Lukianoff and Robert Shibley, February 9, 2006: 2005 was the busiest year in FIRE’s history. From the Ward Churchill case at the University of Colorado, to FIRE’s victory against SUNY Brockport’s unconstitutional speech code, to the campus press freedom case of Hosty v. Carter, FIRE reports on the status of and challenges to individual rights on campus in the past year.
• "Administrators at Risk: A FIRE Seminar on Common Legal and Policy Misunderstandings," David French and Greg Lukianoff, February 10, 2005
• "Suing Harvard: Dealing With the Hometown Advantage," Harvey Silverglate, Massachusetts Lawyers Weekly, September 22, 2003

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