The Need for Consistency

1152 Words3 Pages

One of the overarching themes in this course has been the need for consistency, consistency in dealing with issues, moreover, consistency in following enacted policies and procedures when dealing with issues. When an issue arises and the facts are in dispute the process of dispensing “justice” is inseparable from due process and need for unbiased decision-making and principled deliberation. Deriving from the Fifth and Fourteenth Amendment, constitutional due process requires fairness, process, and procedures by which discretionary power is applied. With respect to higher education, this process is exasperated by the frequent need for universities to make discretionary decisions based on interpretations of disputed facts across multiple areas including employment, contractual obligations, and pedagogy. A violation of due process (from faculty, staff, administrators, or students) must show a deprivation of life, liberty, or property interest in connection to their actives. With respect to higher education claims involving liberty my result from admissions, discipline, academics, and employment while property claims my result from contracts, course grades, or dismissal from school. Falling into two categories: substantive and procedural, substantive due process protects against abuse and harassment from the government and includes right not explicitly named in the Constitution. These rights prevent the government from acting arbitrarily or outside of the scope of their given authority. In Lochner v. New York the question was asked whether the government’s exercise of authority is: “fair, reasonable and appropriate exercise of the police power of the State, or is it an unreasonable, unnecessary, and arbitrary interferen... ... middle of paper ... ...preme Court ruled on behalf of the students saying that “once the state provides an education for all of its citizens, it cannot deprive them of it without ensuring due process protections.” As mentioned earlier, one of the overarching themes in this course has been the need for consistency. When mitigating the possible legal implications of due process requires three steps. First, be consistent. As mentioned in class, a court will look more favorably on consistently poor judgment than inconsistent judgment. Second, follow policies. Beyond simply following established policies, polices must be regularly reviewed and should be consistent with, and rooted in the courts interpretation of due process within the context of higher education. Lastly, do not make “stupid” decisions. Training on policies and case studies can help administrators respond appropriately.

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