Florida 4-H Program Handbook
SECTION 4: Understanding and Using Due Process
Introduction
"Due process under the law" might seem foreign to the normal operations of a 4-H program at the club or county level, but increasingly the issue of protecting the rights of individuals is coming to the forefront. Extension professionals have always tried to be fair when handling disciplinary problems in 4-H, but acting in good faith may no longer be sufficient. This section addresses a central concept in American constitutional tradition and how a 4-H agent or volunteer must understand its application in conducting 4-H programs.
What is "Due Process Under the Law?"
The Constitution's Fourteenth Amendment provides that no State may deprive a person of life, liberty, or property without due process under the law. This amendment prohibits the government from arbitrarily depriving someone of their property, freedom, or life. Certain safeguards must be in place to ensure "fair play." It provides a set of conditions that require that individuals or institutions which have power to control or intervene in the lives of individuals to do so fairly.
Why Is Due Process an Issue with Which 4-H Agents and Volunteers Should Be Concerned?
Although no Supreme Court rulings on due process have dealt with 4-H, two 1975 decisions regarding the public schools have implications for 4-H. One decision (Goss vs. Lopez, 1975) ruled that where the state extends to students the right to an education, it creates a legitimate entitlement to such education. This right to an education is considered a "property right" protected by Constitutional due process requirements. Due process must be provided if that right is in jeopardy.
It seems likely that 4-H participation might also be considered a property right. In the event that disciplinary action might result in removal from an activity (such as camp) a process to protect the rights of the accused must be in place. The same would hold true if the disciplinary action might result in a member losing the right to participate in future activities. These examples would be roughly equivalent to suspension and expulsion in public schools.
A second 1975 Supreme Court decision (Wood vs. Strickland, 1975) held that an educator may be personally liable if he or she knows or reasonably should have known that an action taken would violate the constitutional rights of the person affected. No indication of malice is required. Acting in good faith, but in ignorance of the law is no longer good enough.
It seems essential that educators including 4-H agents and volunteers know as much as possible about providing for due process when constitutional rights are at risk.
What are the key elements of due process?
The basic rights of the accused are:
- The right to be informed of the offense which he/she is charged.
- The right to meet face to face with the accuser and to ask questions of the accuser.
- The right to have the opportunity to respond to the charges and to present evidence in his/her own behalf.
This forms the basis of the Florida 4-H Disciplinary and Appeals Procedures. The Florida 4-H Review Board Procedures are outlined in complete detail in the appendices of this section. Additionally, the 4-H Appeals Board Procedures are defined, including a "sample charge to the 4-H appeals board."
