Office of the Vice President
for Student Affairs Revised: 7-23-03
Issue No. 4 Effective Date: 09/01/86 Page 1 of 3 01. POLICY STATEMENT
01.01 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.
01.02 The purpose of this SA/PPS is to set forth the authority and limitations of the
Attorney for Students (AFS) at Texas State University-San Marcos. The
delineation of these duties will enable the AFS to perform his/her functions more
efficiently and will enable students at Texas State University-San Marcos to make
the best possible use of all legal services provided.
01.03 Specific objectives of this SA/PPS are:
a. To set forth the qualifications of the Attorney for Students;
b. 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
c. To explain the role and function of the Attorney for Students.
02. RESPONSIBILITIES AND LIMITATIONS
02.01 The primary responsibilities of the Attorney for Students will be:
a. To advise students of standard legal procedures and of their rights under
b. To prepare and present programs regarding legal matters that are
beneficial to Texas State students;
c. To perform legal research in order to deliver accurate legal advice to
d. To suggest self-help remedies to students when practical and recommend
retention of competent legal counsel when deemed advisable for resolving
e. To consult with the University Police, and Director of Student Justice, the
Dean of Students and all other appropriate university officials concerning
university rules and regulations and issues which affect students;
f. 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.)
g. 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
h. To refer students to, and consult with, the Office of University
Students' Ombudsman as needed.
02.02 The Attorney for Students has no authority and/or responsibility to:
a. File court documents, maintain actions, or represent students in civil or
criminal litigation or in hearings before university boards and committees;
b. Prepare legal instruments or documents for students;
c. 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.
d. Advise students on immigration, tax, or student-owned business-related
02.03 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.
02.04 Although the Attorney for Students may acquaint students with all applicable
statutes, cases, and university rules and regulations, he/she should not advocate,
encourage, or maintain any action against the employer, Texas State
or its employees, for actions within the scope of their employment at
the university, or against other [Texas State] students.
02.05 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.
03.01 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 employee of the university.
04. MAJOR RESPONSIBILITIES ASSOCIATED WITH THIS SA/PPS
04.01 Major responsibilities for routine assignments associated with this SA/PPS
include the following:
Position Section Date
Attorney for Students Review February (ONY)
05. CERTIFICATION STATEMENT
This SA/PPS has been approved by the following individuals:
Ms. Shannon FitzPatrick, Attorney for Students, Senior Reviewer of this SA/PPS
Dr. John Garrison, Dean of Students
Dr. James D. Studer, Vice President, for Student Affairs