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Constitutional Law • Procedural Due Process
CONLAW#091
Legal Definition
Notice of charges and an opportunity to explain.
Plain English Explanation
If a public school wants to suspend or expel a student, they can't just do it without good reason. First, the school has to explain to the student what rules they allegedly broke and what charges they face. This gives the student a heads up about why they might be suspended or expelled. The school also has to give the student a chance to tell their side of the story before deciding on a punishment. This ensures the student has an opportunity to argue against suspension/expulsion and present evidence in their favor.
Hypothetical
Hypo 1: Bob cheats on a math test at his public high school. Without telling Bob what rule he broke, the principal expels Bob from school immediately. Result: The school did not provide Bob proper notice of the charges against him or an opportunity to explain his actions before expelling him. This violates the rule requiring notice and a chance to be heard.
Hypo 2: Sam gets in a physical fight with another student, George, at school. The principal calls Sam to her office and explains she is suspending him for 3 days for fighting on school grounds. Sam argues it was self-defense. The principal considers his explanation but still imposes a 2-day suspension. Result: While Sam did not want to be suspended, he received adequate notice of the charges against him and a chance to give his side of the story before discipline was imposed.
Hypo 2: Sam gets in a physical fight with another student, George, at school. The principal calls Sam to her office and explains she is suspending him for 3 days for fighting on school grounds. Sam argues it was self-defense. The principal considers his explanation but still imposes a 2-day suspension. Result: While Sam did not want to be suspended, he received adequate notice of the charges against him and a chance to give his side of the story before discipline was imposed.
Related Concepts
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