Attorneys In The Student Disciplinary Process: Requirements, Restrictions And Best Practices

Under the newly revised Clery Act, colleges and universities may not ban lawyers from attending and advising their clients at campus disciplinary proceedings involving sexual assault, domestic violence, dating violence and stalking. This is a significant change for many institutions that had previously limited advisors to members of the campus community or expressly barred attorneys. Compounding the change are new state laws, reviewed here, requiring public institutions to allow attorneys to "fully participate" in aspects of campus disciplinary proceedings.

For those students who can afford or have other access to legal services, the Clery Act requirements will almost certainly result in more students in campus proceedings being represented by attorneys. And because of the new requirements, attorneys are likely to be involved much earlier in the disciplinary process, from the initial meeting through a disciplinary hearing.