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A student is suspected of copying the work of another student. The student is quickly expelled...

A student is suspected of copying the work of another student. The student is quickly expelled from college without an opportunity to present her side of the story. Under what circumstances would this be a violation of her procedural due process rights?

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Answer #1

The circumstances that violate the procedural due process rights of the student.

(a) There was no clear evidence that the student was copying and it was a mere speculation or suspicion.

(b) The student was not given chance to explain her position, permitted to have legal aid and produce the witnesses.

(c) The student was not given opportunity to present evidences in favour of her innocence.

(d) The adverse witnesses ( if any) were not cross examined.

(e) Analysis of facts was not done before reaching a decision.

(f) The decision making bodies were not competent and unbiased.

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