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Due Process

Part 3

QuestionAnswer
Due Process Amendments 5th Amendment (federal), 14th Amendment (state)
5th Amendment No person... shall be deprived of life, liberty, or property without due process of law.
14th Amendment ... Nor shall any state deprive any person of life, liberty, or property, with out due process of law...
Due Process An expected course of legal proceedings which have been established in our system of jurisprudence for the protection and enforcement of private rights. Guarantees the process, not the outcome.
Due Process Analysis 1. Is there state action? 2.) What right has been deprived? (Life, Liberty, or Property Interests) 3.) How was their due process right violated? (substantive & procedural due process)
Property Interest to have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement.
Substantive Due Process a rule or regulation must be fair and reasonable in application as well as content. Protects against arbitrary (i.e., random/subjective/illogical) and capricious (i.e., impulsive/changeable) actions.
The inquiry in substantive due process asks 2 questions 1.) does the rule or regulation have a proper purpose. 2.) does the rule or regulation clearly relate to the accomplishment of that purpose.
Procedural Due Process examines the decision-making process that is followed in determining whether a rule or regulation has been violated and what sanction should be imposed. Fair treatment is the goal of procedural due process.
Procedural Due Process assesses the enforcement: Severity of the violation, severity of the punishment, procedures used. Greater the deprivation, more due process.
Procedural Due Process Balancing Test Private interest that will be affected by the official action vs. Risk of erroneous deprivation of such interest through the procedures used.
Goss vs. Lopez Several students suspended (10 days) for disruptive behavior. Students claim their due process rights were violated.
Due Process owed to students 1.) Statement of specific violations (oral & written notice) 2.) Notice of punishment 3.) Opportunity to respond (hearing)
Due Process in Sports Typically provided by governing bodies.
Court of Arbitration for Sport (CAS) Types of disputes submitted to the CAS: 1.) commercial nature 2.) disciplinary nature. Examples: Eligibility and Due Process Issues.
Created by: kil4261