Right to counsel

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  1. (a) As used in this section, “disciplinary appeal proceeding” includes an appeal hearing or other appeal procedure conducted by the institution of higher education relating to the alleged violation by the student that has resulted in disciplinary action against the student.

  2. (b)

    1. (1)

      1. (A) A student enrolled at a state-supported institution of higher education who has received a suspension of ten (10) or more days or expulsion may request a disciplinary appeal proceeding and choose to be represented at the student's expense by a licensed attorney or, if the student prefers, a nonattorney advocate who, in either case, may fully participate during the disciplinary appeal proceeding used by the state-supported institution of higher education except as provided under subdivision (b)(2) of this section.

      2. (B) If the disciplinary appeal proceeding used by the state-supported institution of higher education arises from a complaint by a student against another student, the student who filed the complaint also has the right to be represented as allowed under subdivision (b)(1)(A) of this section.

    2. (2) A student shall not have the right to be represented under this section by a licensed attorney or nonattorney advocate in a disciplinary appeal proceeding used by the state-supported institution of higher education, if any, regarding any allegation of academic dishonesty as defined by the state-supported institution of higher education.

  3. (c) This section does not create the right of a student to be represented at public expense.


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