In this article, I critique the unchecked disciplinary authority that many private high schools wield over students. I explain how handbooks often grant administrators “sole discretion” without defining misconduct or ensuring basic procedural protections, leaving students disciplined or expelled without notice, a chance to respond, or meaningful review. I highlight a recent California case, A.H. v. Saint Francis High School, where two students were wrongfully forced out over a mischaracterized photo; a jury found the school violated their right to fair procedure, awarding damages and tuition. I argue that private schools nationwide must be required to afford fundamental due process protections so students are not subject to arbitrary punishment.
