Many graduate applications inquire about prior disciplinary history. Some employers also request information about suspensions or expulsions, particularly in professions with licensing requirements. In these circumstances, applicants who have been found responsible are generally expected to disclose the matter, acknowledge the conduct at issue and demonstrate evidence of growth and remediation.
Why Disclosure Obligations Differ for Law Students
It makes sense that there are disclosure requirements after there has been a full investigation, a hearing and then a finding. Presumably, the accused student has been afforded some due process or statutory rights outlined in a school’s policy. In addition, there cannot be a finding without the evidence meeting the minimal standard of preponderance of the evidence.
Law students, however, are subject to broader and earlier disclosure obligations. These obligations may arise as soon as a law school learns that an allegation of wrongdoing has occurred. The reporting obligations around allegations (including Title IX) may stem from multiple different sources, including the actual law school’s policies, law school application and continued enrollment obligations and future Character and Fitness requirements to sit for the bar examination.
Do Law Students Have to Disclose Allegations That Were Dismissed?
Most law school applications state that students must disclose any criminal proceedings (including expunged or sealed cases) and disciplinary or administrative actions, whether formal or informal, that occurred in high school or college. Where students err is when those proceedings are concluded in their favor. Students may think that it makes no difference if the matter was dismissed. Wrong! Students must disclose the existence of any case, pending or concluded, and then provide the result. The failure to disclose can be much more serious than the allegation. Even an undergraduate alcohol violation which resulted in a warning and slap on the wrist becomes a larger issue if not disclosed.
All law students should familiarize themselves with their law school’s policies. There is a continuing duty to update the law school. This obligation is spelled out in the handbook for each school. If a law student is charged with a misdemeanor or a Title IX violation during law school, the Dean of Students must be notified. Failure to do so can result in separate discipline and a report to the bar that the applicant lacks candor and honesty to the law school.
Lack of candor can cause Character and Fitness Determinations that a student should not be able to sit for the bar examination. Law students should look at their state’s disciplinary decisions to see how those cases are handled. Many state supreme courts find that a bar applicant’s lack of candor toward a law school before matriculation raises serious concerns about the applicant’s character and fitness to practice law, even when there is no finding of responsibility.
As a result, law students face significant consequences even from unproven allegations. The burden is substantial: students must disclose the allegation and actively defend against it. Even when a matter is resolved in the student’s favor, a permanent paper trail is created, and the obligation to disclose does not disappear.
Honesty, Disclosure and the Path Forward After Allegations
The legal profession places a high value on honesty and transparency. Candor with courts, clients and colleagues is a foundational expectation of licensed attorneys. Transparency, no matter how difficult, is key to proving character and fitness. The balance is that reporting unproven allegations must override individuals’ reputational harm. Once a matter is resolved and disclosure obligations are satisfied, students who prevail may consider appropriate steps to address reputational concerns and move forward.
Law students facing Title IX or student conduct allegations may benefit from obtaining guidance early in the process. KJK’s Student Defense attorneys are available to discuss these matters and help students navigate their academic and professional obligations. To discuss further, contact our office today.