Caught in the Divide: Resolving the Circuit Split on Property and Liberty Interests of Students in Public Higher Education
Alisha Agrawal* | 26.6 | Citation: Alisha Agrawal, Caught in the Divide: Resolving the Circuit Split on Property and Liberty Interests of Students in Public Higher Education, 26 U. Pa. J. Const. L. 1631 (2024).
Higher education plays a profound role in shaping the course of students’ lives. If it goes well, higher education can provide students with greater earning potential, employability, self-confidence, networking opportunities, lifelong friends, and an overall happier life. But if a student in higher education is accused of misconduct, the resulting disciplinary consequences can be career-ending. The most severe punishments—suspension and expulsion—limit students’ access to further education, scholarships, internships, and employment. While some states and local jurisdictions have laws prohibiting employers from asking about a prospective employee’s criminal background during the job application process, suspension or expulsion from a college or university may be noted on a student’s official transcript and can carry an almost equally significant stigma. But the circuit courts are divided on what students must plead to establish a constitutionally protected interest entitling them to procedural due process prior to suspension or expulsion.
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*J.D., University of Pennsylvania Carey Law School 2024