Procedural Due Process

Question 1

Termination of a public employee

Answer 1

Generally, a public employee who may be discharged only for cause has a property interest in her job, and therefore is entitled to notice of termination and a pre-termination opportunity to respond.

A formal pre-termination hearing, however, is not required.

If there is a significant reason for immediately removing a “for-cause” employee from the job, a prompt post-termination hearing with reinstatement and back pay if the employee prevails constitutes sufficient due process.

Question 2

Dismissal from a public institution

Answer 2

A student is not entitled to a hearing with regard to dismissal for academic reasons from a public institution of higher learning.