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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.” Because public colleges and universities are governmental institutions, their disciplinary proceedings are legally constrained in certain ways.

On campus, as elsewhere, you have a moral right—and often a legal right—to decency and fundamental fairness.

This Guide to Due Process and Campus Justice is about those rights.

As a result, you run a significant risk of being found responsible for a minor or, indeed, serious offense—even if you are innocent.

(Please note: While this Guide discusses the law, your rights, and legal precedent in detail, it is not intended to provide formal legal advice.

We believe that if you know your rights—and let your institution know that you will exercise them—you may be accorded a greater degree of procedural fairness.

This Guide aims to help students accused of wrongdoing understand the procedural safeguards to which they are entitled.

If you seek legal advice, we urge you to contact an attorney.) Even if you have only a specific question, try to read the Guide in its entirety.

You may have rights that you are not aware of—and using all of your rights is the best way to ensure a fair outcome in your case. It makes a difference when administrators know that you understand your rights and can state them in legal—or at least accurate—language.