If you are a completely private school are you still bound by the 14th ammendment to allow for due process?

Question

In a public school it would be a constitutional right if I was being dismissed to have due process. However, if I'm attending a completely private school with no federal funding do they still have to abide by the 14th ammendent? And if so what is the preceddent?

Answer 1

The private school is still accredited by the state. I'm not sure whether or not that's enough to put it under the realm of the 14th amendment, which restricts states not private parties. Typically it wouldn't be, but I'm not sure what Supreme Court precedent currently states with respect to schools (if it's ever been decided).

However the due process that is required by schools is pretty minimal. They generally just need to give you an opportunity to explain yourself prior to discipline. At least that's federally. Your state constitution may provide for more protection.

Note that I'm not a lawyer yet, so don't consider this legal advice. It is an academic respones to an academic question.

Answer 2

The constitution restricts the government only. Private corporations do not have to abide by the constitutional restrictions unless they are acting as an agent of the government.

So no, constitutional protections do not extend to a private school.

Answer 3

The school would only have to abide by its own guidelines.  All schools are accredited by the state, so their procedures are legal and binding.

Love Jack