Advisors and Attorneys

From Executive Order 1098, Article III: General Provisions

C. Advisors

Both the Complainant and the Student charged may elect to be accompanied by an advisor to any meetings, conferences, interviews or hearings. The advisor's role is limited to observing and consulting with, and providing support to, the Complainant or Student charged; an advisor may not speak on a Student's or Complainant's behalf. Witnesses who are alleged to be victims of Discrimination, Harassment or Retaliation, including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking, may also elect to be accompanied by an advisor on these same terms.

D. Attorneys

Student conduct proceedings are not meant to be formal court-like trials. Although University-related sanctions may be imposed, the process is intended to provide an opportunity for learning.

1. Each Campus president determines by Campus directive whether attorneys are permitted to be present in all or some Student conduct proceedings. Any person who has a license (active or inactive) to practice law is considered an attorney for purposes of this Executive Order 1098. The president's determination regarding the presence of attorneys applies to the Student charged; Complainant; any witnesses who are alleged to be victims of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking); and the Campus, but not to the hearing officer, who may be an attorney in any case. If the Student charged is permitted to have an attorney present, the Complainant, any alleged victims of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking), and the Campus shall also be permitted to have an attorney present.

a. Any party may consult attorneys outside of the actual proceedings irrespective of the president's directive.

b. Notwithstanding any Campus directive, attorneys may attend the formal hearing: (a) where there are pending criminal (felony) charges arising out of the same facts that are the subject of the disciplinary proceeding; or (b) where the recommended sanction is expulsion.

2. If authorized by the president's directive, attorneys may participate (if at all) only as advisors, and may not speak on behalf of their clients. Any person who wishes to have an attorney present at the hearing must notify the student conduct administrator in writing of the attorney's name, address and phone number at least five Working Days prior to the hearing.

3. In the absence of a president's directive, attorneys shall be excluded from disciplinary conferences and hearings, subject to the two exceptions set forth in D.1.b, above.