Legal Question in Constitutional Law in North Carolina
University Policy vs. Constitutional Law
I am writing to find out if the university policy of a private university in North Carolina can supercede the US Constitution. We have a student handbook that states that states that we do not have a right to due process. Also, at an administrative hearing, we do not have right to representation. Thank you.
1 Answer from Attorneys
Re: University Policy vs. Constitutional Law
Contrary to popular belief, the Constitution doesn't grant many rights. Instead it decrees that the government can't interfere with certain rights, including due process.
By definition, private universities are not part of the government. They therefore do not have to conduct themselves the same way the Constitution requires of the government.
There are some gray areas here, but in general private entities don't have to provide due process to their constituents and don't have to allow representation at their internal proceedings.
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