Discuss due procees/14th Amendment - Coursework Example

There are two types of due process that are guaranteed under the constitution namely, procedural due process and substantive due process. The concept of procedural due process is based on the ideals of fundamental fairness. Under the law, a person who is accused of something must be given adequate notification of the charges against him or her. He or she must also be given the opportunity to be heard in connection with the charges against him or her. According to the Supreme Court in the case of Snyder v Massachusetts (1934) 291 US 97, 105, due process is violated when a practice or rule offends the basic principles of justice.

The protection afforded by the due process clause extends to all government proceedings that have potential of depriving a person of his or her rights and privileges. Public schools all over the country are bound by this provision of the law when dealing with their students and their employees. In the case of Dixon v Alabama State Board of Education (1961) United States Court of Appeals, Fifth Circuit, students who face expulsion from school should be accorded procedural due process. On the other hand, in the case of Hortonville Joint School District No.1 V. Hortonville Education Association Et Al (1976), the Supreme Court of the United States said that an impartial tribunal should hear the controversy between teachers and school administrators.

On the other hand, substantive due process acknowledges that a person has individual rights which must be "upheld even when the government desires the contrary" (see Valley National Bank of Phoenix v. Glover, (1945) 159 P.2d 292). Technically, substantive due process protected the person from excessive or unreasonable punishments. To enforce due process in the campus, complete rules and regulations should be crafted to address issues and redress of grievances in the school. The rules and regulations should clearly define the acts and omissions which are considered as punishable.