UB Student Association Assembly

350 Student Union

Buffalo, NY 14260

RESOLUTION 1718-R2
TO: Student Conduct and Advocacy (formerly known as Judicial Affairs & Student Advocacy); the
Student-Wide Judiciary
FROM: Members of the SA Assembly
DATE: November 9, 2017
SUBJECT: Student Right to Active Counsel

Action Requested

The Undergraduate Student Association Assembly requests that UB administrators adopt a

policy that explicitly grants students who are subject to on-campus discipline in the form of
suspensions or expulsion for non-academic offenses the right to active counsel to represent the
accused student in the disciplinary hearing.

Resolution

Whereas the State University of New York at Buffalo (UB) Undergraduate Student
Association (SA) Assembly may enact resolutions concerning issues of importance to the
undergraduate student body in regards to issues of academic policy, student rights, and
student welfare;

Whereas millions of Americans rely on higher education as a path to career

advancement; and

Whereas on average, workers with a baccalaureate degree earn 84% more over their
lifetime than those who do not; and

Whereas despite serious, life-altering consequences, postsecondary educational

institutions routinely suspend and expel students as a result of verdicts reached in
campus hearings that fall woefully short of providing meaningful due process
protections; and
Whereas UB does not allow the counsel of students accused of non-academic charges to
speak during a disciplinary hearing when expulsion or suspension is at stake, casting a
significant shadow over the reliability and basic fairness of these crucially important
proceedings; and

Whereas refusing the right to active counsel has the potential to disproportionately
harm the following, but not limited to, groups:
Non-native English speakers
Students with difficulties in communication
Students with limited knowledge of rules and procedures

Whereas meaningful due process protections must be provided to ensure that students
are suspended or expelled from UB only when it is truly warranted and only after a fair
and reliable hearing procedure; and

Whereas allowing accused students the right to active counsel when such serious
penalties are at stake will help secure the fundamental fairness of those proceedings
and ensure that no students academic career and career prospects are unfairly cut
short; and

Whereas the legislatures of North Carolina, North Dakota, and Arkansas have passed
laws guaranteeing students the right to active counsel; therefore, be it

Resolved, that until such a time when the law requires colleges and universities to allow
students accused of non-academic violations the right to active counsel, the SA
Assembly most strongly urges UB administrators to adopt a policy that explicitly grants
students subject to on-campus discipline in the form of suspensions or expulsion for
non-academic offenses the right to active counsel to represent the accused student in
the disciplinary hearing.