Due Process and ADR

 

In 2016, a report found extremely high rates of obvious plagiarism in the theses of graduate students in the MBA program in the College of Business at Western State
University. Two full-time faculty members and three adjuncts were identified for ignoring their ethical responsibilities and contributing to negligence toward issues
of academic misconduct. Assistant Professor Mark Day was one of the five professors identified in the report. The findings were published during a press conference in
May 2016. The dean of the College of Business, Derrick Dawson, removed Day’s responsibilities for advising graduate students and scheduled him for undergraduate
courses for the next semester. Day filed suit in a federal district court against Dawson, the university, and others for violating his due process rights by
publicizing accusations about his role in plagiarism without providing him with a meaningful opportunity to clear his name in public.

What does due process require in these circumstances?
Would the outcome be different if a mandatory arbitration clause was provided in Day’s contract and the university filed to dismiss the suit to require arbitration?

 

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