Advisors and Attorneys

From Executive Order 1098, Article II: General Provisions

C. Advisors

Both the Complainant and the Student charged may elect to be accompanied by an Advisor of their choice, subject to the limitations set forth in this section, to any meetings, conferences, interviews or hearings.

A Student charged shall be informed for their right to an Advisor when they receive the initial notice of an alleged violation. A Student charged may select an Advisor of their choosing or request the University provide them one. Should the Student charged elect to have an Advisor, the Advisor may, with written permission from the Student charged, receive updates during the conduct process for the alleged violation. The Advisor shall be provided with training from the University on the student conduct process and their role during the process. The Student charged shall be informed that they must inform the Student Conduct Administrator no later than five (5) days that they would like a University appointed advisor. An Advisor may not delay the timelines of any meetings, conferences, interviews or hearings.

Any witnesses who are alleged to be victims of the Discrimination, Harassment, Retaliation, Sexual Misconduct, Sexual Exploitation, Domestic Violence, Dating Violence, or Stalking at issue may likewise elect to be accompanied by an Advisor of their choice.

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. Whoever is selected as an Advisor shall be limited to observing and consulting with, and providing support to, the Complainant, witness, or Student charged. An Advisor may not speak on a Student's or Complainant's behalf. Advisors may engage in comforting gestures such as passing tissue or a bottle of water to the Party, giving gentle words of encouragement, such as "It's okay," but otherwise should not interact with the Party during the hearing (absent a break). The Hearing Officer may note on the record any inappropriate assistance from an Advisor. If an Advisor is disruptive and the behavior continues despite warnings from the Hearing Officer, then as stated in Article III. D. 7 of the Student Conduct Process Policy. The Hearing Office may take appropriate actions including ejecting them from the conference or hearing.

In student conduct proceedings, excluding cases involving the CSU's Nondiscrimination Policy, each Campus president determines by Campus directive whether attorneys are permitted to be present in all or some Student conduct proceedings.

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

The Advisor may not be a person with information relevant to the allegations who may be interviewed or called upon to testify during any related investigation or hearing.

Any person who wishes to have an attorney present at the hearing as an Advisor must notify the Student Conduct Administrator in writing of the attorney's name, address and phone number at least five (5) Working Days prior to the hearing.

***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 and are an administrative process.

1. Each campus 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 campus' 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.