Due Process Win: North Dakota Students Now Have Right to Attorney

April 22, 2015

By Ashe Schow at The Washington Examiner

What seems like an obvious right is sadly not so obvious for today's college students. But a new law in North Dakota is reaffirming one of the basic elements of due process — the right to legal representation — for college students.

The bill, SB 2150, unanimously passed the state's House of Representatives on April 8 and passed the Senate on April 17 with just one senator voting against. Gov. Jack Dalrymple signed the bill into law on Wednesday.

By signing this bill, Dalrymple, a Republican, has made North Dakota the third state in the nation to allow students facing non-academic disciplinary charges the ability to hire an attorney. The Foundation for Individual Rights in Education credits part of the decision to enact the law on the case of Caleb Warner, who was expelled from the University of North Dakota for sexual assault despite evidence of innocence. His accuser was later charged with filing a false police report...