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ARTICLE · 11 FEBRUARY 2020

Student Discipline On Campus: Public vs. Private Institutions

What is the relationship between the federal constitutional due process standard applicable to public educational institutions and the "basic fairness"...

United StatesConsumer Protection

What is the relationship between the federal constitutional due process standard applicable to public educational institutions and the "basic fairness" standard applicable to private institutions in Massachusetts? Does the "basic fairness" standard necessarily require a private institution to comply with federal due process requirements in disciplining students?

In Doe v. Trustees of Boston College, a private college student identified by the pseudonym John Doe was suspended after he was found to have engaged in a sexual assault against another student identified as Jane Roe. Roe had filed a disciplinary complaint against Doe under the school's Student Sexual Misconduct Policy, and the suspension decision was the outcome of the procedures set forth in that Policy. The procedures did not provide for either Doe or Roe (or any other witnesses) to be cross-examined.

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