Proposed student conduct changes would likely cost Mason $100,000, report says

A new bill would allow Mason students to be legally represented if they are at risk of being suspended or expelled (photo courtesy of the Office of Student Conduct).

According to Mason’s current code of conduct, students are not allowed to have a lawyer represent them during hearings with representatives from the Office of Student Conduct.

A proposed bill in the Virginia General Assembly could change that system to make certain student conduct hearings look more like court proceedings. In cases where a student is at risk of being suspended for 10 days or more, or expelled, they would be permitted to have a lawyer represent them during conduct hearings.

Proponents argue that when students are faced with allegations that could harm their academic or professional careers, they should have access to due process. The bill has raised concern among Mason officials who say it interferes with a process that is meant to be educational for students and turn hearings into a more court-like setting. Additionally, since students who can afford lawyers would be likely to challenge allegations in court, Mason would need additional counsel to assist in that process.

“Should students be afforded the right to representation, as proposed by this bill, it is anticipated that the proceedings would become more legalistic, requiring changes to the structure and preparation,” read a new report by the Virginia Department of Planning and Budget that analyzed the cost of the proposed law. “The guidelines for the processes and the training of the decision-makers would need to address the type of issues that lawyers are likely to inject into the proceedings (objections, evidentiary concerns, etc.).”

The report predicts that large universities, such as Mason, would have to hire an additional full-time attorney at an estimated cost of about $100,000 per year.

“In addition, this bill creates an opportunity for judicial review and provides for statutory damages and shifting of litigation costs, all of which increase the likelihood that the decisions of these disciplinary systems would be challenged in court,” read the report. “As a result of possible court involvement, the higher education institutions would be obligated to have legal counsel present at all hearings in order to reduce the risk of compensable errors.”

HB 1123 is expected to be voted on in the House Higher Education SubCommittee on Feb. 4. An update will be posted on Fourth Estate.