Is due process required prior to an afterschool detention? In short, no. In long, the constitution states, in what is often called the Due Process clause, that “[No One shall]… be deprived of life, liberty, or property, without due process of law.” A detention, or suspension, or expulsion is considered a right that belongs to the student. It is not an enumerated right, but we as a country have decided to make it one by making school free and compulsory. However, the Supreme Court holds that if property deprivation is de minimis, then Due Process is not required. De minimis is defined by Merriam-Webster as “so minor as to merit disregard.” Afterschool detention does not deprive a student of class time nor of a significant portion of their life
