Legal Question in Constitutional Law in Massachusetts

Administrative hearings at state run university

Is legal for a state run university to deny a student facing expulsion as the consequence of a disciplinary hearing legal representation (a lawyer) at the hearing based on their claim that such hearing is ''administrative'' and that the procedure for such hearing as described in the student handbook/manual clearly provides that the student may only be represented from a member of the school faculty?


Asked on 6/10/02, 2:50 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Administrative hearings at state run university

Given the drastic consequences to the student the university is on very thin ice in taking the position they do. Substantial rights are at stake, and someone facing this kind of far-reaching adverse action is entitled to legal representation.

The problem may have to be resolved in an appeal of the expulsion, however, or collateral litigation with the university prior to their decision.

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Answered on 6/10/02, 1:00 pm


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