Question

Robert Brown applied for admission to the University of Kansas School of Law. Brown answered "no" to questions on the application asking if he had a criminals’ history and acknowledged that a false answer constituted "cause for . . . dismissal." In fact, Brown had criminal convictions for domestic battery and driving under the influence. He was accepted for admission to the school. When school official discovered his history, however, he was notified of their intent to dismiss him and given an opportunity to respond in writing. He demanded a hearing. The officials refused to grant Brown a hearing and then expelled him. Did the school’s actions deny Brown due process? Discuss.

Answer 1

The University of Kansas School of Law may have denied Robert Brown due process by expelling him without a hearing, as the Fourteenth Amendment protects individuals from being deprived of significant interests without the right to be heard.

Step-by-step explanation:

The question relates to due process in the context of higher education law. The scenario involves Robert Brown being expelled from the University of Kansas School of Law after the discovery of his undisclosed criminal record. Brown's demand for a hearing was denied, resulting in his expulsion without what he perceives as due process.

The Fourteenth Amendment to the U.S. Constitution ensures no state shall deprive any person of life, liberty, or property, without due process of law. Due process requires at minimum that an individual is provided an opportunity to be heard and to defend oneself before being deprived of a significant interest, such as education. The university's failure to provide a hearing may be considered a denial of Brown's due process rights, as he was not given a proper opportunity to contest his dismissal.

Cases such as Brown v. Board of Education and Regents of the University of California v. Bakke highlight the importance of due process and equal protection in educational settings. However, the specifics of Brown's case, including the application process and the nature of his misconduct, could affect the legality of the university's actions. In general, dismissal without a hearing could potentially violate due process, assuming the educational institution is a state actor and the dismissal has a substantial impact on the student's life.