My question involves education law in the State of: California
A student was dismissed from taking a final which resulted in an "F" in the course. It was his final course of the entire 2 year nursing program with graduation only a few weeks away. The cause for dismissal, "Violation of Classroom Rules."
Initially, there were false allegations made by another student that he had been reading questions to himself through their mobile device. No probable evidence was found. The incident occurred at an optional, informal quiz review with materials that were not going to used or graded later. The student was already passing the course and none of the questions were going to be repeated on the final. There was no reason to cheat or gain an academic advantage.
After academic dishonesty was ruled out, faculty members cited the student for violating classroom rules by having a "cell phone out." The violation resulted in an inability to take the final and not pass the course.
The student is an excellent student with a clean record and no previous history of offenses; holds numerous character references, tutors students, and has proven clinical competence throughout the program.
The student was disciplined with guidelines not set forth by the syllabus. Under careful review it was determined that their was no actual cell phone policy that prohibits the use during class. The penalties they imposed were not fair, humane, and proportionate to the infraction. As a result of the faculty's misapplication of policy and procedure, there will be a direct impact on the livelihood of the student's future which will result in a loss of income due to a delay in their RN licensure.
Although the word was not used, he was effectively suspended from school without due process of law. The arbitrary actions of the faculty members cause the student to miss his final exam and fail the course.
A demand letter to the Dean of Student Services was unresponsive to the demands which outlined ways they could mitigate the damages should I file a lawsuit. The Dean was unresponsive, denied a request for an immediate disciplinary hearing, and he was told to file due process.
What do I do at this point? I've been told that the college violated my 14th amendment rights by depriving me of my interest in education and my denied me of my liberty by damaging my reputation. The faculty also acted outside of their authority by not allowing me to come to school for over a month. I was never given a fair opportunity to tell my side of the story even though the administrator later declared that he knew I was cheating.
Please advise me on what I should do at this point. I had a job offer lined up and the time from now until I graduate will create about 30k in loss income.

