Due Process for Medical Students at Private Universities

Due process is the set of procedures followed by government entities to protect the rights of individuals involved in a legal matter. In private universities, due process is created by institutional policies and written agreements rather than mandates in the U.S. Constitution or federal law. This difference may leave you – a student, faculty member or staff member – with questions about how due process works and what protections you truly have.

More on Due Process

Due process is a principle that ensures fairness, accountability and transparency in any proceeding that affects an individual’s rights or responsibilities. In practical terms, due process provides you the right to be informed of accusations or decisions made if your case goes in front of a board or committee, the opportunity to present your side, and the assurance that decisions are made by an impartial party.

In educational settings like medical schools, due process is important because it protects students and faculty from arbitrary or unjust disciplinary actions. For example, you can’t be accused of physically hurting another student and then immediately expelled from school. With due process, the rights of the accused and the rights of the accuser are protected by ensuring that disciplinary cases are handled fairly and by set procedures. In university environments, there’s usually a distinction between disciplinary and academic actions. (Read this article for the differences.)

Protections Equal to the Accusation. It’s important to note that the protections you receive from due process match the seriousness of the supposed misconduct. As with the example above about physical harm, all parties involved should receive due process to its full extent. However, getting a parking ticket on campus is not a serious crime and does not constitute the same level of safeguards to protect your rights.

How Due Process Differs at Private Medical Schools vs. Public Schools

Public universities are government entities and, as such, are governed by constitutional protections like the Fourteenth Amendment, which partially reads “nor shall any State deprive any person of life, liberty, or property, without due process of law.” With this, public institutions must provide notice of accusation, a fair hearing, and an unbiased decision.

Private universities, on the other hand, are not bound by these constitutional requirements since they are not government entities. Instead, their procedures for due process are created in their institutional policies and handbooks. In many places, though not all, these documents serve as a contract between the university and its students and staff.

While private universities must adhere to their written policies, there is no standard across all private medical schools. Therefore, there are variations in how due process is applied from one private school to the next.

Key Elements of Due Process at Private Medical Schools

As discussed, private universities are not required to follow constitutional guidelines, yet they often do. Most private medical schools incorporate these due process elements:

• Clear and timely notification of charges so that the accused understands the allegations
• An opportunity to respond to accusations
• Decisions made by an impartial party

Legal precedents have helped to shape how due process is interpreted in private universities. Courts typically require them to adhere to their published policies, even over constitutional standards. Past legal challenges highlight the importance of clear, fair, written and consistent practices in private medical schools.

The Education Litigation Group Understands Due Process for Medical Students

In private universities, the application of due process relies on written policies, which often, though not always, act as a contract between the school and its students and faculty. While these policies may vary from one institution to the next, most private medical schools incorporate the foundational elements of due process in their disciplinary proceedings.

If your private school is not following its written procedures, contact us. You have rights detailed by your school, and we’re here to help protect them.

Use this contact form or call 1-800-580-9167 to contact us.