A Student Of Cheating On A Final Exam Essay

1298 Words Feb 7th, 2016 null Page
Imagine a university professor accuses a student of cheating on a final exam. Before the student can defend herself, the university decides to expel the student. Understandably, the student decides she wants to challenge the expulsion as a violation of her due process rights. Can the student challenge the action? Surprisingly, the answer depends on which federal circuit the student lives in. In 1975, the United States Supreme Court held that state law could provide primary students a property interest in their education. However, forty years later, courts remain uncertain of when such an interest exists for university students. In Goss v. Lopez, the Supreme Court extended due process protections to a group of high school students in Ohio. The Supreme Court determined that Ohio state law provided the high school students a property interest in their continued enrollment at the school, and that the due process clause protected such an interest. Since Goss, many university students have brought due process claims against their schools, but lower courts have struggled to determine when a university student’s interest in education rises to the level of a property interest under the due process clause. Lower courts adopt one of three approaches to determine whether a student has a property interest in education protected by due process. Under the first approach—the state-specific approach—courts analyze state law to determine whether it provides students a…

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