Student’s right to due process/fair procedure

California courts recognize a common-law right to fair procedure in private organizations that control a person's “important economic interests” [1]. Fair procedure is essentially equivalent to due process, with the only difference being that no government action is involved [2]. The right to fair procedure is an independent layer of protection separate from the school's own published procedure, but failure to follow the school's own published procedure is in itself considered a violation of fair procedure rights [3].

By expelling Timothy immediately, with no hearing, sharing of evidence, or chance to defend himself, TYA has violated his legal right to due process/fair procedure.