Although the concept of equal protection of the laws is not mentioned in the original U.S. Constitution as drafted and ratified, this idea has become an important constitutional concept, especially in the world of higher education.
Affording persons or organizations “due process” basically means to conduct legal proceedings with fairness in both content and procedure.
As officials in colleges and universities seek ways to discourage and eliminate drug use on campus, testing students for drugs has become increasingly common.
The theory of disparate impact, also known as “adverse impact,” allows challenges to employment or educational practices that are nondiscriminatory on their face but that have a disproportionately negative effect on members of legally protected groups.
Due process is a central concept in American jurisprudence, rooted in the U.S. Constitution and elaborated in numerous cases involving the discipline of students in higher educational settings.