Virginia: Right to Counsel Bill

Category: Due Process

Following in North Carolina’s footsteps, Virginia Delegate Rick Morris has introduced a bill that would grant students facing serious non-academic disciplinary charges the right to be represented by an attorney or other advocate of the student’s choosing.

  • Students Won’t Be Able to Hire Attorneys to Fight College Suspensions

    February 8, 2014

    by Lauren McClellan at Potomac Local RICHMOND — A bill was killed this week that would have allowed students to hire attorneys for representation when dealing with university disciplinary actions after officials at Virginia public universities expressed concern about multiple problems the bill would pose. House Bill 1123, introduced by Delegate Rick Morris, R-Carrolton, would have allowed public college students or student organizations to hire an attorney if faced with more than 10 days of suspension or expulsion. The bill also would have allowed students to take their cases to circuit court after exhausting all college-level judicial affairs options. At […]

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  • College disciplinary defense bill fails in subcommittee

    February 5, 2014

    by Julian Walker at The Virginian Pilot RICHMOND A bill one might call “the best defense money can buy” – college edition – has flunked in the General Assembly. After hearing testimony from supporters and opponents, a House of Delegates subcommittee Tuesday afternoon tabled legislation allowing public college students facing disciplinary hearings to be represented by lawyers. Del. Rick Morris, R-Isle of Wight County, said that HB1123 was brought on behalf of students accused of misconduct who were denied constitutional rights before a college tribunal with the power to suspend or expel. His bill also would have allowed students expelled […]

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  • In Virginia, Right to Counsel Bill Tabled

    February 7, 2014

    This week, the Virginia General Assembly had an opportunity to pass legislation that would have significantly advanced the cause of university students’ due process rights. The bill, HB 1123, championed by Delegate Rick Morris and former Delegate Mike Watson, was tabled (i.e., set aside for this legislative session) by delegates on the Education Committee’s Subcommittee on Higher Education by a vote of 4–2.

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  • Virginia Legislature Considers Bills to Safeguard Student Rights

    January 15, 2014

    Yesterday, we reported on Virginia Delegate Scott Lingamfelter’s bill that would prohibit public colleges in Virginia from misusing “time, place, and manner” restrictions in violation of the First Amendment. Today, we’re happy to bring you news of yet another Virginia bill that would safeguard the rights of students at Virginia’s public institutions of higher education. Following in North Carolina’s footsteps, Delegate Rick Morris has introduced a bill that would grant students facing serious non-academic disciplinary charges the right to be represented by an attorney or other advocate of the student’s choosing. HB 1123 provides, in part: Any student enrolled at a public institution of higher education […]

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  • Virginia Bill Would Eliminate Unconstitutional ‘Free Speech Zones’

    January 14, 2014

    As Torch readers know, too many public colleges and universities are confused about what it means to regulate the “time, place, and manner” of student and faculty speech on campus, despite the fact that theSupreme Court has explicitly set forth the requirements for such regulations. Recognizing the critical importance of free speech on college campuses, last week Virginia Delegate Scott Lingamfelter introduced a bill to be considered by the Virginia House of Delegates that would explicitly prohibit Virginia’s public universities from misusing the “time, place, and manner” rubric to confine expressive activity to small or remote areas of campus. HB 258 reads: Public institutions of higher […]

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