Question 1. (50%)

Recall from Buck v. Bell, 274 US 200 (1927), sterilization was deemed permissible under the due process and equal protection clause. Consider the due process clause analysis in answering this question.

Recall the relevant text of the Due Process Clause of the 14^th Amendment of the US Constitution:

"Nor shall any state deprive any person of life, liberty, or property without due process of law;"

Fact Pattern

Aaliyah attends Lincoln University, a state-run educational institution. She is a straight-A student, senior and plans to attend law school next year. Bartholomew is also a senior and competing with Aaliyah for valedictorian. They are taking one class together. During an exam in that class, during a closed book exam, Bartholomew observes Aaliyah take out a small piece of paper, look at it, close it and continue to take the exam.

Bartholomew confronts Aaliyah who dismisses his claims. So, he reports her to their professor, Clay, of the class, who is also Bartholomew's advisor. The professor confronts Aaliyah who claims that she was actually just chewing gum. The professor, however, does not believe her and initiates a proceeding, permitted by school rules, ex parte to have Aaliyah expelled for cheating on an exam. He presents both sides of the argument fully, stating Bartholomew's views as well as Aaliyah's defenses. Neither Aaliyah nor Bartholomew know about the proceeding. The administrators hearing Professor Clay's argument decide that Aaliyah must be suspended for ten (10) days.

Using IRAC (typically IRAC is a single paragraph) answer ALL OF THE FOLLOWING questions (note, I'm giving you the I):

1. Issue: Does Lincoln University deprive Aaliyah of "life, liberty or property" by suspending her for ten (10) days? (Note, do not assume facts besides those provide, but you may state whether the existence of a fact might change your analysis (e.g. whether the suspension is made part of her permanent record) (17.5%)

2. Issue: Assuming Lincoln did deprive Aaliyah of life, liberty, or property, did Aaliyah enjoy "due process" from Professor Clay and the administrators hearing her case? (Hint: Look up the definition of "ex parte") (17.5%)

3. Issue: Assume Lincoln was a private, not a public, university, would the analysis in questions 1 and 2 apply? (Hint: read the due process clause 14^th amendment quote carefully (look at every word)) (15%)