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.

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