What Campus Protests Can Teach Us About Compliance in Higher Ed

Over the past year or so, colleges and universities in the United States have faced scrutiny over how they respond to student activism. Protests surrounding the Israel-Hamas conflict have prompted a wide range of institutional actions. With thousands of students arrested and many facing suspension or expulsion, questions have surfaced about whether institutions uphold their legal obligations to protect free speech and provide due process.

While the political landscape may differ, the legal questions echo a familiar precedent: Dixon v. Alabama (1961), the landmark decision establishing students’ due process rights at public universities. Then and now, student dissent has tested the boundaries of institutional authority, especially when external pressures from donors, lawmakers, or the public intensify calls for swift discipline.

For campus leaders and compliance professionals, the moment calls for policies that are legally defensible and mission-aligned.

The Legal Foundation of Student Due Process

In 1961, six students at Alabama State College were expelled without notice or hearing after staging a peaceful civil rights protest. Their case, Dixon v. Alabama State Board of Education, made its way to the Fifth Circuit, which ruled that students at public colleges are entitled to due process before being disciplined or expelled. The decision effectively ended the doctrine of in loco parentis and reshaped the legal relationship between students and institutions.

Today’s protests may stem from a different geopolitical issue, but the legal principles remain consistent: public universities must not take disciplinary action without affording students a fair and transparent process. Yet reports from recent protests suggest that, in some cases, institutions have acted under pressure, disciplining students swiftly, and sometimes without the procedural safeguards Dixon requires.

Institutional Pressure & Legal Risk

What makes this moment particularly complex is the array of external pressures influencing institutional decision-making. University leaders are navigating demands from political figures, advocacy groups, alumni, and major donors, all while balancing campus safety, community expectations, and federal compliance obligations.

Some institutions have revised their conduct codes in this high-stakes environment, while others have issued suspensions or expulsions based on ambiguous policy interpretations. Meanwhile, international students have faced visa revocations and legal consequences, raising additional concerns about consistency, equity, and due process.

Institutions that act hastily or unevenly expose themselves to claims of viewpoint discrimination, First Amendment violations, and noncompliance with established due process protections.

What Higher Education Leaders Should Take Away

In moments of campus unrest, institutions must act with legal precision and principled restraint. Public universities have a constitutional obligation to uphold due process, ensuring that students receive fair notice and a meaningful opportunity to be heard before facing disciplinary action. Deviating from this standard, especially under external pressure, can expose institutions to significant legal and reputational risk.

Disciplinary policies must also be enforced consistently and without regard to student expression’s political or cultural content. Favoring or penalizing students based on their viewpoints undermines institutional neutrality and can violate First Amendment protections. To mitigate these risks, institutions of higher learning should proactively review and clarify their student conduct codes and protest response protocols, ensuring they are constitutionally sound and clearly communicated.

Above all, university responses to protest should reflect the institution’s mission and values, not reactive politics. In times of public pressure, the most effective leadership is measured, policy-driven, and legally defensible.

For Higher Ed. Guidance Rooted in Law – Gregory J. Vincent Law

Led by Dr. Gregory Vincent, a nationally recognized civil rights attorney and higher education executive, at Gregory J. Vincent Law, we help colleges and universities respond to student activism and protest with policies that are both constitutionally sound and operationally effective.

Whether addressing high-profile incidents, revising conduct procedures, or navigating competing stakeholder demands, we provide legal counsel that balances institutional authority with student rights.