Due Process

In its most basic form, due process is the right of a person accused of wrong doing to know the specific charge against him or her and the opportunity to respond to those charges in a fair and impartial manner.   The right to due process has been recognized throughout history, as far back as the Magna Carta in 1215, and formalized in the United States in both the Fifth and Fourteenth Amendments to the Constitution.  Whereas the Fifth Amendment guarantees due process at the federal level, the Fourteenth did so at the state level. 

At Cal Poly Pomona, a student’s right to due process is guaranteed.  The process is formally explained and outlined in Executive Order 1043, an order by the Chancellor of the California State University, which provides for a fair process on each of the campuses of the CSU. Click here for a flow chart illustrating the judicial process at Cal Poly Pomona. Please direct questions to rjluna@csupomona.edu or make an appointment to discuss this further with the Director of Judicial Affairs, Reyes Luna, by calling 909/869-6990.

Below are some excellent resources on due process available on the Internet.  The Cal Poly Pomona library has over 40 books on the topic as well.  The topic is a fascinating one in the history of our country and in higher education.

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The excellent site “US Constitution.net” begins their discussion of due process with this introduction:

“Due process is a difficult thing to define, and the Supreme Court has not been much help over the years. Here's what we can say about due process:

In the Magna Carta, due process is referred to as "law of the land" and "legal judgment of his peers." Some state constitutions continue to use these phrases.

The reference in the 5th Amendment applies only to the federal government and its courts and agencies. The reference in the 14th Amendment extends protection of due process to all state governments, agencies, and courts.

Due process, in the context of the United States, refers to how and why laws are enforced. It applies to all persons, citizen or alien, as well as to corporations.” 

For more, visit The U.S. Constitution Online at: http://www.usconstitution.net/consttop_duep.html

For an even more thorough look at due process, historically, nationally and internationally, visit Wikipedia Online Encyclopedia at: http://en.wikipedia.org/wiki/Due_process