Call the Lawyers

For John, BLUF:  We shouldn't have colleges and universities playing the law.  Nothing to see here; just move along.

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At 12:58 yesterday, the Instapundit posted the following, which I quote in full.

ASHE SCHOW: N.D. may become second state to allow students to hire attorneys.

The U.S. Constitution’s Sixth Amendment guarantees, among other things, the right to counsel in criminal proceedings.  Colleges and universities have thus far skirted this right in campus sexual assault cases by stating the hearings are disciplinary — not criminal — in nature.

But because the information used in those hearings can be turned over to police to be used in criminal proceedings, allowing students involved in the hearing — the accusers and the accused — to have legal representation is just common sense.

And yet, it’s not so common. Only one state — North Carolina — allows students at public universities to acquire legal representation in campus courts for charges of harassment, rape and theft.

A similar bill in North Dakota could be the beginning of a trend of states guaranteeing their students are allowed legal representation during such hearings.

As it should be. And the university should have to pay for students who can’t afford it. It’s only fair.

I am not in favor of Universities dealing out justice for real criminal offenses that would find non-collegiate types arrested.  Administrative justice is not the same as real justice.  The Bill of Rights exists for a reason.  We should not be going around it with some hired bureaucrat who is hired by the college to do the bidding of the college, and Title IX.  Title IX is an example of doing wrong while trying to do good.

Hat tip to the Instapundit.

Regards  —  Cliff