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Ad Board's Advising System Faces Criticism

Currently, lawyers are not allowed to be present at Ad Board proceedings, nor are they allowed to advocate on behalf of a student to Board members. Students are allowed to consult with lawyers, and they have certainly been doing so in the Government 1310—a number of students facing punishment have said they may sue Harvard if they feel they have not been treated fairly.

Schneider compared Harvard’s arrangement unfavorably to the disciplinary board at Boston University, where lawyers are allowed to perform the same roles of personal advisers at Harvard.

“The idea is not to get a bunch of lawyers in to help students lie or fib or cheat their way around the system,” Schneider said. “It’s to help students figure out how to frame their arguments, help students recognize what the most favorable evidence is for them, and to help them put their best foot forward.”

Peter F. Lake ’81, a professor at Stetson University College of Law who specializes in higher education law, identified a newly “burgeoning legalism” in other universities that places pressure on Harvard to modernize its disciplinary system.

At Rutgers University, lawyers are permitted to advise accused students during hearings; lawyers are also allowed to appear in proceedings at Stanford University, although students must represent themselves.

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“Harvard’s system is a charming throwback to another era, and it will certainly be tested in what I think is a culture war,” Lake said.

—Staff writer Mercer R. Cook can be reached at mcook@college.harvard.edu.

—Staff writer Rebecca D. Robbins can be reached at rrobbins@college.harvard.edu.

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