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Administrative Law Keyed to Funk
Gabrilowitz v. Newman
Citation:
582 F.2d 100 (1978)Facts
Steven Gabrilowitz, a senior at the University of Rhode Island, was charged by local police with assault with intent to commit rape on another student. The university suspended him and initiated disciplinary proceedings under the University Board on Student Conduct (UBSC). University rules prohibited legal representation at disciplinary hearings, though students could have an advisor from the university community. Gabrilowitz faced potential expulsion just weeks before receiving his degree. If he testified at the disciplinary hearing without legal counsel, his statements could potentially be used against him in the criminal case where he faced up to twenty years imprisonment. Gabrilowitz sought an injunction in federal court to allow him legal representation during the disciplinary hearing, not to conduct examination of witnesses, but to advise him during the proceedings, particularly regarding self-incrimination issues.
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