Responsibilities of the Attorney for Students
SA/PPS No. 01.02 (01.02)
Issue No. 5
Effective Date: 5/16/2016
Next Review Date: 5/01/2018 (E2Y)
Sr. Reviewer: Attorney for Students
The Student Affairs Division is committed to the recruitment and retention of a heterogeneous and qualified student body, and to providing services that enhance their personal development and contribute to the fulfillment of their goals. The following procedure contributes to the implementation of this policy.
The purpose of this SA/PPS is to set forth the authority and limitations of the Attorney for Students (AFS) at Texas State University. The delineation of these duties will enable the AFS to perform his/her functions more efficiently and will enable students at Texas State University to make the best possible use of all legal services provided.
Specific objectives of this SA/PPS are:
To set forth the qualifications of the Attorney for Students;
To set forth limitations on the activities of the Attorney for Students to conform with policy set forth by the Board of Regents, Texas State University System;
To explain the role and function of the Attorney for Students.
RESPONSIBILITIES AND LIMITATIONS
The primary responsibilities of the Attorney for Students will be:
To advise students of standard legal procedures and of their rights under the law;
To prepare and present programs regarding legal matters that are beneficial to Texas State students;
To perform legal research in order to deliver accurate legal advice to students;
To suggest self-help remedies to students when practical and recommend retention of competent legal counsel when deemed advisable for resolving a problem;
To consult with the University Police, Assistant Dean for Student Justice, the Dean of Students and all other appropriate university officials concerning university rules and regulations and issues which affect students;
To keep a record of the activities of the office: (The university recognizes the privileged attorney-client relationship that exists between the Attorney for Students and those students with whom he/she counsels. In order to render general reports of services when called upon, the Attorney for Students shall compile and maintain accurate and efficient files. Specifically, the Attorney for Students should keep records of the number of students counseled, the most common types of problems encountered, and such other records deemed necessary by him/her.)
To attempt to resolve any disputes by mediation and negotiation when, in the opinion of the Attorney for Students, it could lead to the circumvention of litigation. In this role, the AFS will not advocate one party’s position over the other but will, through an informal meeting, attempt to bring the opposing parties together and allow them an opportunity to hear their opponents’ viewpoint.
To refer students to, and consult with, the University Ombudsperson as needed.
The Attorney for Students has no authority and/or responsibility to:
File court documents, maintain actions, or represent students in civil or criminal litigation or in hearings before university boards and committees;
Prepare legal instruments or documents for students;
Prepare and mail demand letters to persons against whom students feel aggrieved or contact such persons by telephone or in person in a role as advocate for the student. The Attorney for Students may, however, contact other persons in order to clarify a student’s problem or to obtain a full understanding of the issues involved.
Advise students on other matters that require extensive specialization or time.
The Attorney for Students is not required to render legal services to persons other than students currently enrolled at the university. The Attorney for Students may, within his/her discretion, and as time allows when requested, render legal advice to members of the faculty and staff of Texas State University.
The Attorney for Students may acquaint students with all applicable statutes, cases, and university rules and regulations, and should not advocate, encourage, or maintain any action against Texas State University, or against other [Texas State] students.
The Attorney for Students is bound by the ethical considerations and disciplinary rules set forth in the Code of Professional Responsibility promulgated by the Supreme Court of Texas for Texas attorneys.
- The Attorney for Students shall be a graduate of an accredited law school, holding at least an LLB degree or a J.D. degree, a member of the State Bar of Texas and a full-time or part-time employee of the university.
REVIEWERS OF THIS PPS
Reviewers of this PPS include the following:
Position Date Attorney for Students May 1 E2Y
This PPS has been approved by the following individuals in their official capacities and represents Texas State Student Affairs policy and procedure from the date of this document until superseded.
Attorney for Students; senior reviewer of this PPS
Associate Vice President for Student Affairs/Dean of Students
Vice President for Student Affairs