What Process Is Due To Protestors?

Engel & Martin has published a White Paper on the due process rights of student protesters.

The White Paper is here: https://engelandmartin.com/wp-content/uploads/2024/05/White-Paper-on-Student-Due-Process.pdf

This White Paper describes the due process rights of student protesters to procedural due process before they can be suspended or expelled by their college or university.^[1]  (We will be putting out a separate White Paper on the free speech rights of college and university students, including the right to protest.)

The question we are often asked is: “What process is due to protesters?”  The answer, as we describe below, is not simple. The Supreme Court has never issued a clear decision on this topic.  As a result, the law is a mosaic.  It matters whether the protests occur at a private or public school.  Students at private schools have to predominantly rely on school policies and state laws.  Students at public schools are protected by the Constitution, but even for these students, the level of due process protections provided to students often depends on the state or federal appellate circuit where the school is located.

Every case is, of course, different.  Students are encouraged to contact an attorney to discuss their particular rights and situation.  We cannot emphasize one thing enough, however: do so right away.  Once discipline has been imposed it is much more difficult for an attorney to help.