All students in the United States are entitled to due process protections granted by the Constitution. Due process is a necessary part of how systems that involve people work. No matter the issue, if you are accused of wrongdoing and face penalties, you deserve a fair and impartial process before those penalties are imposed. But what exactly is due process, and how does it affect – and protect – you as a student in school or college in Delaware?
Fortunately, since public institutions like schools and colleges are considered government entities, you, as a student, have the right to be heard before any disciplinary action is taken against you. If you face issues at school or college, don't wait to take action. Call the Lento Law Firm Education Law Team at 888-535-3686 for help, or send a message through this portal to learn more.
What is Due Process?
Due process makes its legal debut in the Fifth and Fourteenth Amendments of the US Constitution. Section 1 of the Fourteenth Amendment states: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
What this clause means is that states cannot deprive a person of their privileges or rights unless a judicial or administrative hearing is implemented and the person is found to have committed a violation. The process should be impartial, have a set of procedures in place, and result in a fair hearing with unbiased decision-makers coming to a decision. Due process is supposed to be fair and give you a chance to protect yourself from sanctions and other penalties. Students are afforded these rights in Delaware, and specific definitions and procedures are in place depending on the circumstances. However, the constitutional right to due process must always be granted regardless of the latter.
Protections in Delaware
In Delaware, students facing, among other issues, a suspension or expulsion hearing are entitled to due process with specific requirements. They are:
- Preliminary Discipline Investigation & Reporting Requirements
- Initial Due Process
- Grievance Process Requirements
- Suspension and Expulsion Requirements
- Regulations Concerning Students with Disabilities
Preliminary Discipline Investigation & Reporting Requirements
In cases where a student may be removed from an education program as a form of disciplinary action, the principal must conduct a preliminary investigation to determine if there is a reasonable basis to pursue that action.
Principals may remove alleged offending students from the general population; however, they may do so if there is a safety risk to others and until a preliminary investigation is completed. The inquiry must conclude within 3 days of the report.
Reporting requirements in Delaware mandate that if there's reliable information that a person may commit a mandatorily reportable crime under 14 Del.C. §4112, the principal must report the matter to a law enforcement agency. These reports must be made immediately by phone or in person when they happen, and a follow-up report of the investigation must be written within three days.
Principals must also report these incidents to the Department of Education within five business days of the incident.
Initial Due Process
College or high school students facing suspension or expulsion have the right to due process in Delaware despite accusations of violating the Student Code of Conduct. Before the implementation of sanctions, the following steps are necessary:
- That the student was informed or had the opportunity to be informed of the issue as per the conduct code
- That an administrator or designee informs the student, verbally or in writing, what the allegations are against them, the conduct in question leading to that allegation, and the policy or rule that was breached.
- Students have the right to be given an explanation of the evidence against them and the opportunity to defend themselves or explain their side of the story.
Suspension & Expulsion Requirements
Schools may suspend students on a long or short-term basis. For short-term suspensions, the dismissal cannot exceed 10 days. For long-term suspensions, the limit is not more than one school year. If the suspension exceeds 3 days, principals must organize a conference with the student and their parent and manage the conference's time, date, and location.
For expulsion, the principal must conduct a preliminary investigation to determine whether the allegations hold basis, afford due process, and assemble a hearing. Students have the right to legal counsel at their own expense. They can cross-examine witnesses, testify and produce witnesses, and obtain a copy of the hearing transcript.
Regulation Procedures for Students With Disabilities
The Individuals with Disabilities Education Act (IDEA) ensures that schools support children with disabilities, depending on their educational needs. It gives a student's parents the opportunity to ask for a fair and impartial hearing regarding their child's educational placement or evaluation or if they disagree with how a school administers education to their child.
The Lento Law Firm: Protecting Your Due Process Rights
Despite having due process laws in place, there is no guarantee that they will be fair and impartial. Moreover, regardless of the issue or alleged violation, you have the right to defend yourself and have a fair hearing. With so much that can go wrong, the Lento Law Firm Education Law Team helps you understand your rights, reducing the likelihood of a negative outcome.
Although you may assume that you can take on the issue alone, the Lento Law Firm Education Law Team understands the requirements implemented by the law and works tirelessly for justice. With years of experience working with students nationwide, the Lento Law Firm Education Law Team
Due process is your right, and having it withheld from you can permanently affect your future if you are accused of wrongdoing.
Don't wait until it's too late to use your due process rights in Delaware. Call the Lento Law Firm Education Law Team today at 888-535-3686, or send the team a message through the online form to learn more about your options.
