Due process is a flexible concept; what is due in each case depends on the specific facts. Matthews v. Eldridge. 424 U.S. 319 (1976). The higher the stakes, the more process is due.
- For a suspension of 10 days or less, the student is entitled to know what s/he is accused of and is entitled to an opportunity to be heard before a school administrator to present his/her side of things. As long as the decision made by the administrator rests on "some evidence," the decision will stand.
- For expulsions or suspensions in excess of 10 days, more process is due.