Chapter 5 evaluates the fairness of DCL-influenced proceedings under two theories: violation of procedural due process and breach of contract for failure to comport with basic procedural fairness. The first, which is grounded in the U.S. Constitution, provides a stronger basis for recovery. However, it requires state action, which means it is probably only available to public school students. The chapter argues that under either theory, the procedural protections provided are inadequate.