I have attended countless University of North Texas Code of Conduct Hearings.
Luckily, none as the accused (I attended UNT to pursue my Master’s degree)—no, I attended these hearings as a lawyer FOR the accused student. Why would a student bring a lawyer to one of these meetings? Does a student even need to bring a lawyer to the hearing?
Here are 5 Reasons why you should bring a lawyer with you, and why having a lawyer with you is absolutely critical:
1. Numerous courts have held that representation by counsel is essential to achieving sufficient process. See Givens v. Poe, 346 F.Supp. 202, 209 (W.D.N.C. 1972); Esteban v. Cent. Mo. State Coll., 277 F.Supp. 649, 651 (W.D. Mo. 1967), and more. (For an explanation of what “process” is, see Number 3.) UNT knows this: check the letter they mailed you—note that it discusses having a lawyer present. In order for it to be a fair fight, you need to be represented by counsel. Still not convinced having counsel is necessary? See Number 2.
2. A student should bring a lawyer to the hearing, because the school will have its lawyer there, and will be treating the hearing as a very serious matter. That’s right—at every single hearing that I have attended with a student, UNT has put its general counsel on the phone to supervise the meeting (and to interject, on occasion.) And if you don’t believe it’s a serious matter, just take a look at the paperwork they send you: they mention you having a lawyer right there.
3. The Supreme Court of the United States has stated that Procedural Due Process measures become even greater concern in university disciplinary hearings when there is the potential for significant expulsion or suspension. Procedural Due Process requires that the student receive (1) notice and (2) a hearing. “Notice” must be reasonably calculated to allow the accused student to defend herself at the upcoming hearing. What does that mean? It means the “notice” must include both the charge, and the grounds upon which the charge rests. Of course, the notice must also contain the date, time, and place of the hearing. The “hearing” must present a meaningful opportunity for the accused student to be heard. How will your hearing be “meaningful” without a lawyer present? Your guess is as good as mine.
And if you don’t think suspension or expulsion (from UNT entirely, temporarily, or from housing) will be on the table at your hearing…well, good luck to you. I have reviewed hundreds of sanctions imposed by UNT for offenses like possession of marijuana, possession of drug paraphernalia, and the like—removal from residence halls is a standard sanction for these offense.
4. Because a great majority of the time, the alleged violation of the Code of Conduct comes directly from an alleged criminal offense. This means the student is not only facing possible expulsion or removal from UNT housing, but also has a criminal case looming in Denton County courts, where all the very real possibilities—jail, namely—apply. One alleged transgression, two problems. What you say during this hearing can directly effect your criminal charge (see Number 5, below.)
5. The accused student has the right to have counsel present. Without counsel, the student lacks the knowledge a lawyer can provide—specifically as to the student’s right to refuse to make incriminating statements; and the students right to appeal the disciplinary proceeding where applicable.
For example, a student’s rights under the Fifth Amendment of the United States Constitution, and under the Texas Constitution, are directly implicated in conduct hearings where serious criminal charges are at issue (basically, for any alleged violation other than cheating on a test, etc.) If you have broken the laws of Texas, rest assured, “serious criminal charges are at issue.” You have the right to refuse to make incriminating statements at a disciplinary hearing such as a UNT Code of Conduct Hearing. Use your rights. Not convinced what you say will be used against you? Consider: why do you think that they ask you to prepare a written statement before the meeting….?