Does a student have a right to representation by counsel at a disciplinary hearing where the dean discussed with the student his refusal to comply with the dean's instructions?

California, United States of America


The following excerpt is from Perlman v. Shasta Joint Jr. College Dist. Bd. of Trustees, 88 Cal.Rptr. 563, 9 Cal.App.3d 873 (Cal. App. 1970):

In the case at bench where the dean discussed with the student his refusal to comply with the dean's instructions and told the student to report at the president's office an hour later, it would be absurd to require that the dean write a formal notice to the student to appear and to set forth what the student already knew was his claimed offense. Likewise, in a situation as here it would be almost ridiculous to hold that at the hearing the student would have to be informed that he had the right to call witnesses when there were no witnesses other than the dean and the student. No unfairness is shown in the conduct of the hearing. The student did not assert that the notice of the hearing was too short, that he wanted the hearing continued or that he wanted a lawyer. As said in Madera v. Board of Education of City of New York (2 Cir., 1967) 386 F.2d 778, 786, 'The right to representation by counsel is not an essential ingredient to a fair hearing in all types of proceedings.'

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