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College students lack due process rights, attorney warns

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ALBANY, NY (WRGB) — College students and their parents may be surprised to learn that students are not afforded due process rights in disciplinary proceedings, according to an education attorney.

“You are afforded no due process rights,” Attorney Nicholas Marricco of Tully Rinckey PLLC said. “Now, colleges have policies about what they would have to do for you. But that’s it.”

Marricco emphasized that many people are unaware of this reality, noting that outside of Title IX cases, students have limited protections. For instance, if a college freshman is accused of cheating on an exam, some institutions may not provide notice of the charges, allow the student to call witnesses, or offer any discovery process. Additionally, students are not entitled to legal representation during college disciplinary hearings.

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