Heads Up: Your University Can't Just "Kick You Out" | The Odyssey Online
Start writing a post
Student Life

Heads Up: Your University Can't Just "Kick You Out"

Has your school violated your rights as a student?

2629
Heads Up: Your University Can't Just "Kick You Out"
Law UKY Education

Did you know that as a college student you're entitled to certain rights? You're probably thinking, "Yeah, that's obvious," but have you ever sat down and thought about what exactly your rights as a student entail?

Of course, there's the traditional rights against discrimination based upon gender, disability, etc. (see the U.S. Department of Education's webpage for a complete list), and your rights against sexual misconduct, but few college students know their rights extend further than that.

Most universities have a student handbook with rules students and faculty must follow and policies on discipline procedures if these rules are broken. Did you know that in some handbooks you have a right to be present when your room is searched and they must have a valid search warrant? Might be helpful to know the next time someone comes knocking..

But most importantly, if you ever get in trouble at school and the school thinks it warrants kicking you out of school, you are entitled to what's known as a "Due Process Hearing."

According to an article by the Huffington Post, Valdosta State University was found guilty of violating a student's due process rights in 2007. They expelled a student because they claim he was "a clear and present danger," but the reality is he opposed the construction of a parking garage which contradicted the President's opinion. He was never given a hearing where he could defend himself and the university could justify their actions. Because of this, the student, Hayden Barnes, sued the university for violating his due process rights and his freedom of speech.

The case went to district court, and the school was found guilty of violating Barnes' right to due process.

But this isn't the first time the issue of due process for a college student has come up.

The Supreme Court ruled on due process rights for students in the Goss v. Lopez case 1975. Nine students were suspended for misbehavior and the court ruled their due process rights were violated and that a school "cannot deprive [students] of [their education] without ensuring due process protections."

Furthermore, an organization named, Foundation for Individual Rights in Education (FIRE), has done an excellent job thoroughly explaining your due process rights as a student. According to their webpage, "If you are a student at a public college or university and you face the possibility of serious punishment—expulsion, suspension, or some lesser but still significant sanction—you are entitled to certain protections under the Constitution’s guarantee of “due process.”

This is because when you attend a public college or university, you pay them to be there. According to the two amendments that deal with due process, the 5th and 14th Amendments, you have the right not to be deprived of life, liberty, or property without proper justification through a court hearing. When a public institution takes your money, they promise to give you an education in return. When something happens that may prevent you from receiving that education, or think of it as the "property" you were promised, the institution that took your money must justify and have a good reason as to why they can't give you an education you paid to receive.

So, the next time you get in trouble at school, be aware of your rights. Familiarize yourself with the student handbook for the school you attend, and be prepared to defend yourself if you feel like your rights are being violated.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Featured

15 Mind-Bending Riddles

Hopefully they will make you laugh.

189942
 Ilistrated image of the planet and images of questions
StableDiffusion

I've been super busy lately with school work, studying, etc. Besides the fact that I do nothing but AP chemistry and AP economics, I constantly think of stupid questions that are almost impossible to answer. So, maybe you could answer them for me, and if not then we can both wonder what the answers to these 15 questions could be.

Keep Reading...Show less
Entertainment

Most Epic Aurora Borealis Photos: October 2024

As if May wasn't enough, a truly spectacular Northern Lights show lit up the sky on Oct. 10, 2024

14742
stunning aurora borealis display over a forest of trees and lake
StableDiffusion

From sea to shining sea, the United States was uniquely positioned for an incredible Aurora Borealis display on Thursday, Oct. 10, 2024, going into Friday, Oct. 11.

It was the second time this year after an historic geomagnetic storm in May 2024. Those Northern Lights were visible in Europe and North America, just like this latest rendition.

Keep Reading...Show less
 silhouette of a woman on the beach at sunrise
StableDiffusion

Content warning: This article contains descriptions of suicide/suicidal thoughts.

When you are feeling down, please know that there are many reasons to keep living.

Keep Reading...Show less
Relationships

Power of Love Letters

I don't think I say it enough...

457723
Illistrated image of a letter with 2 red hearts
StableDiffusion

To My Loving Boyfriend,

  • Thank you for all that you do for me
  • Thank you for working through disagreements with me
  • Thank you for always supporting me
  • I appreciate you more than words can express
  • You have helped me grow and become a better person
  • I can't wait to see where life takes us next
  • I promise to cherish every moment with you
  • Thank you for being my best friend and confidante
  • I love you and everything you do

To start off, here's something I don't say nearly enough: thank you. Thank you, thank you, thank you from the bottom of my heart. You do so much for me that I can't even put into words how much I appreciate everything you do - and have done - for me over the course of our relationship so far. While every couple has their fair share of tiffs and disagreements, thank you for getting through all of them with me and making us a better couple at the other end. With any argument, we don't just throw in the towel and say we're done, but we work towards a solution that puts us in a greater place each day. Thank you for always working with me and never giving up on us.

Keep Reading...Show less
Lifestyle

11 Signs You Grew Up In Hauppauge, NY

Because no one ever really leaves.

26560
Map of Hauppauge, New York
Google

Ah, yes, good old Hauppauge. We are that town in the dead center of Long Island that barely anyone knows how to pronounce unless they're from the town itself or live in a nearby area. Hauppauge is home to people of all kinds. We always have new families joining the community but honestly, the majority of the town is filled with people who never leave (high school alumni) and elders who have raised their kids here. Around the town, there are some just some landmarks and places that only the people of Hauppauge will ever understand the importance or even the annoyance of.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments