“MY SCHOOL WON’T LET ME HAVE AN ATTORNEY!”: WHEN YOU ARE ACCUSED OF VIOLATING THE STUDENT CODE OF CONDUCT

You just received the notice. Your professor is turning you on an alleged charge of plagiarism, based on the results of an on-line tool. You know you didn’t do it. Or if there is a match, it was purely accidental. You want to fight the charge. But you looked up your school’s student code of conduct, and the policy manual specifically states that you cannot have an attorney.

Are you really stuck handling this on your own? What can you do?

Colleges and universities vary on the level of participation that an attorney can assume in an academic discipline proceeding. Some schools allow full participation with an attorney present at a hearing conducted much like a courtroom trial. Some schools allow an attorney to attend the hearing, but only for the purpose of whispering suggestions into the student’s ear and not to speak. Some schools do not permit an attorney at any time.

If you have read that you cannot have an attorney, then you have already taken an important first step by examining your school’s policy and procedures. The student policy manual or code of conduct acts like a contract between you and the school. A careful reading of the manual will help you determine how your offense is defined as well as what procedure the school should follow. But even though you are not allowed to have an attorney during the disciplinary process, you may still seek advice. An attorney can help guide you to the best strategy for combating the charges against you.

Furthermore, while an attorney may not be able to appear at a hearing, an attorney can help you draft any written responses that you need to submit to your school.

If you have been charged with an academic offense or have any questions about this topic, please feel free to contact Matt Keenan at 847-568-0160 or by emailing matt@mattkeenanlaw.com.
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