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Student Publications Homepage
ARTICLE CONTENTS
[Pages 653-694]
TOP OF ARTICLE
Introduction
I. Background
A. Student-on-Student Sexual Misconduct: Balancing Competing Interests in The “Toughest Cases”
B. Judicial Review of Private School Disciplinary Proceedings
1. State Court Decisions
2. Federal Court Decisions
C. Commentators’ Recommendations for “Fundamental Fairness”
II. Analysis
A. Right to Written Notice of the Charges and Evidence
B. Presumption of Innocence and Standard of Proof
C. Right to an Impartial Hearing
D. Right to a Transcript or Recording of the Proceeding and to an Appeal
E. Right to Confront, Cross-Examine and Present Witnesses
F. Right to Counsel
Conclusion
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