Proposed Standards for College or University Based Student Legal Services Programs

Based on Council for the Advancement of Standards (CAS) Professional Standards for Higher Education (2009); Student Legal Services Model Standards (adopted by Student Legal Services Section of NLADA July 26, 1986); and ABA Standards for the Provision of Civil Legal Aid (2006).

Introduction

These proposed standards follow the CAS format except where words appear in bold. The bolded language is either from the ABA standards or is meant to further clarify the role of Student Legal Services programs within the context of higher education. Where ABA standards are used, the specific standard is cited.

Part 1. Mission

Student Legal Services Programs (SLSP) provide legal assistance to students to foster and support students' learning development.

SLSP must develop, disseminate, implement, and regularly review their mission. Mission statements must be consistent with the mission of the institution and with professional standards. SLSP in higher education must enhance overall educational experiences by incorporating student learning and development outcomes in their mission.

The goals of SLSP must address the institution's needs to:

Assure students' equal access to justice
Protect the rights of students
Enhance students' learning environment
Facilitate and encourage respect for the rule of law
Provide learning experience to students involved in the legal system
Educate the campus and local communities about relevant legal issues

Consistent with their authority, SLSP should serve individual students, student groups, and the student community by addressing issues of importance to them, helping to reduce disruption, minimize distraction from other educational goals, and prevent harm. SLSP should be conducted in ways that will serve to foster the ethical development and personal integrity of students and the promotion of an environment that is consistent with the overall educational goals of the institution.

Part 2. Program

The formal education of students, consisting of the curriculum and the co-curriculum, must promote student learning and development outcomes that are purposeful and holistic and that prepare students for satisfying and productive lifestyles, work, and civic participation. The student learning and development outcome domains and their related dimensions are:

knowledge acquisition, integration, construction, and application
- Dimensions: understanding knowledge from a range of disciplines; connecting knowledge to other knowledge, ideas, and experiences; constructing knowledge; and relating knowledge to daily life
cognitive complexity
- Dimensions: critical thinking; reflective thinking; effective reasoning; and creativity
intrapersonal development
- Dimensions: realistic self-appraisal, self-understanding, and self-respect; identity development; commitment to ethics and integrity; and spiritual awareness
interpersonal competence
- Dimensions: meaningful relationships; interdependence; collaboration; and effective leadership
humanitarianism and civic engagement
- Dimensions: understanding and appreciation of cultural and human, differences; social responsibility; global perspective; and sense of civic responsibility
practical competence
- Dimensions: pursuing goals; communicating effectively; technical competence; managing personal affairs; managing career development; demonstrating professionalism; maintaining health and wellness; and living a purposeful and satisfying life

Consistent with the institutional and division missions, SLSP must identify relevant and desirable student learning and development outcomes from among the six domains and related dimensions. When creating opportunities for student learning and development, SLSP must explore possibilities for collaboration with faculty members and other colleagues, consistent with its ethical obligations.

SLSP must assess relevant and desirable student learning and development outcomes and provide evidence of their impact on student learning and development. SLSP must articulate how they contribute to or support students' learning and development in the domains not specifically assessed.

SLSP must be:

integrated into the life of the institution
intentional and coherent
guided by theories and knowledge of learning and development
reflective of developmental and demographic profiles of the student population
responsive to needs of individuals, diverse and special populations, and relevant constituencies

SLSP must establish the following within the context of its mission and purpose:

Authority
SLSP must have a written statement describing the basis of its authority, its jurisdiction, and eligibility guidelines. The statement must be available to all members of the campus community. The statement must address the authority upon which the office bases its existence, its mission, its governance structure, and client eligibility for its services. The statement must also address the professional independence of SLSP in the conduct of their cases.
Components
SLSP must have a written policy concerning the range of its services. This statement should include the practice areas covered, the scope of representation offered, and any other components or limitations of the SLSP service. The written statement should include a non-discrimination policy and any other relevant policy provisions.
Learning Outcomes, Goals and Objectives
SLSP must set written student learning objectives as well as written program goals and objectives. Student and program success must be measured by appropriate data collection, assessment, and evaluation.

Part 3. Leadership

SLSP must have an advisory board with oversight and/or advisory responsibilities (ABA 1.1).

Such board must:

Meet regularly to review SLSP policies and operation
Be a resource to SLSP staff
Assist in community relations
Engage in advocacy on behalf of SLSP as needed
Be committed to and operate in a manner responsive to the student community
Include members who are or have been eligible for SLSP services
Receive training as necessary
Refrain from any conflicts of interest
Refrain from interfering directly or indirectly in the representation of any client

Because effective and ethical leadership is essential to the success of all organizations, leaders with organizational authority for SLSP must:

articulate a vision and mission for their programs and services;
set goals and objectives based on the needs of the population served and desired student learning and development outcomes;
advocate for their programs and services;
promote campus environments that provide meaningful opportunities for student learning, development, and integration;
identify and find means to address individual, organizational, or environmental conditions that foster or inhibit mission achievement;
advocate for representation in strategic planning initiatives at appropriate divisional and institutional levels;
initiate collaborative interactions with stakeholders who have legitimate concerns and interests in the functional area;
apply effective practices to educational and administrative processes;
prescribe and model ethical behavior;
communicate effectively;
manage financial resources, including planning, allocation, monitoring, and analysis of operating funding as well as Client Trust Funds;
incorporate sustainability practices in the management and design of programs, services, and facilities;
manage human resource processes including recruitment, selection, development, supervision, performance planning, and evaluation;
empower professional, support, and student staff to accept leadership opportunities;
encourage and support scholarly contribution to the profession;
be informed about and integrate appropriate technologies into programs and services;
be knowledgeable about federal, state/provincial, and local laws relevant to the programs and services and ensure that staff members understand their responsibilities by receiving appropriate training;
develop and continuously improve programs and services in response to the changing needs of students and other populations served and the evolving institutional priorities;
recognize environmental conditions that may negatively influence the safety of staff and students and propose interventions that mitigate such conditions;
regularly review program operations to assure effectiveness and compliance with governance policies and pertinent legal requirements (ADA 2.11)
be responsive to institutional constituents while at the same time preventing any exterior interference with SLSP in the conduct of any case or abridgment of any SLSP professional obligations to the clients of the office.
be aware of the limitations on non-attorney staff imposed by state laws and regulations regarding the unauthorized practice of law. (ABA 2.9)

Part 4. Human Resources

SLSP must be staffed adequately by individuals qualified to accomplish the mission and goals. Within institutional guidelines, SLSP must establish procedures for staff selection, training, and evaluation; set expectations for supervision; and provide appropriate professional development opportunities to improve the leadership ability, competence, and skills of all employees.

Attorney staff members must hold an earned Juris Doctor degree, must be in good standing, and must be licensed or eligible to be licensed to practice law in the jurisdiction in which the institution is located.

All other staff members must hold an appropriate degree in a field relevant to the position they hold or must possess an appropriate combination of educational credentials and related work experience.

All staff members practicing in specific areas of law, whether attorneys or non-attorney staff must have training and/or experience qualifying them to work in that area.

Degree- or credential-seeking interns must be qualified by enrollment in an appropriate field of study and by relevant experience. These individuals must be trained and supervised adequately by attorney staff members and staff members holding educational credentials and related work experience appropriate for supervision.

Student employees, interns, and volunteers must be carefully selected, trained, supervised, and evaluated. They must be educated on how and when to refer those in need of additional assistance to qualified staff members and must have access to a supervisor for assistance in making these judgments. Student employees and volunteers must be provided clear and precise job descriptions, pre-service training based on assessed needs, and continuing staff development.

Employees and volunteers must receive specific training on institutional policies and privacy laws regarding their access to student records and other sensitive institutional information (e.g., in the USA, Family Educational Rights and Privacy Act, FERP A, or equivalent privacy laws in other states/provinces or countries.) Employees, interns and volunteers must all be trained in the ethical and confidentiality obligations that pertain to working in the legal profession and any other requirements imposed by the courts of the jurisdiction in which the institution is located.

SLSP must have technical and support staff members adequate to accomplish their mission. All members of the staff must be technologically proficient and qualified to perform their job functions, be knowledgeable about ethical and legal uses of technology, and have access to training and resources to support the performance of their assigned responsibilities.

All members of the staff must receive training on policies and procedures related to the use of technology to store or access student records and institutional data.

SLSP must ensure that staff members are knowledgeable about and trained in emergency procedures, crisis response, and prevention efforts. Prevention efforts must address identification of threatening conduct or behavior of students, faculty members, staff, and others and must incorporate a system or procedures for responding, including but not limited to reporting them to the appropriate campus officials. All such action must be undertaken in a manner consistent with client confidentiality and ethical standards established for the practice of law.

Salary levels and benefits for all staff members must be commensurate with those for comparable positions within the institution, in similar institutions, and in the relevant geographic area.

SLSP must maintain position descriptions for all staff members.

To create a diverse staff, SLSP must institute hiring and promotion practices that are fair, inclusive, proactive, and non-discriminatory.

SLSP must conduct regular performance planning and evaluation of staff members. SLSP must provide access to continuing and advanced education and professional development opportunities. (see the CAS Characteristics of Individual Excellence for Professional Practice in Higher Education)

Part 5. Ethics

Persons involved in the delivery of programs and services must adhere to the highest principles of ethical behavior. SLSP must review relevant professional ethical standards and develop or adopt and implement appropriate statements of ethical practice. SLSP must publish these statements and ensure their periodic review by relevant constituencies.

SLSP must orient new staff members, interns, and volunteers to relevant ethical standards and statements of ethical practice.

Staff members must ensure that privacy and confidentiality are maintained with respect to all communications and records to the extent that such records are protected under the law, the Code of Professional Responsibility, and appropriate statements of ethical practice. Information contained in students' education records must not be disclosed except as allowed by relevant laws. Staff members must be aware of the confidentiality inherent in the attorney-client relationship and protect all information disclosed to them by student clients. Staff members must be trained and prepared to deal with the potential conflict that could arise from an institutional demand for disclosure. Confidential information may only be disclosed with permission of the client or pursuant to a court order.

Staff members must be aware of and comply with the provisions contained in the institution's policies pertaining to human subjects research and student rights and responsibilities, as well as those in other relevant institutional policies addressing ethical practices and confidentiality of research data concerning individuals, so long as the same does not conflict with the attorney-client relationship.

Staff members must recognize and avoid personal conflicts of interest or appearance thereof in the performance of their work. SLSP must recognize and avoid professional conflicts of interest involved in representing student populations where more than one party to a conflict is eligible for SLSP services. If a conflict arises between two eligible clients, neither can be represented by SLSP unless both consent in writing.

Staff members must strive to insure the fair, objective, and impartial treatment of all persons with whom they interact.

When handling institutional funds, staff members must ensure that such funds are managed in accordance with established and responsible accounting procedures and the fiscal policies or processes of the institution. Client funds must be managed in accordance with the requirements of the applicable rules of professional conduct of the state in which the institution is located.

Promotional and descriptive information must be accurate and free of deception.

Staff members must perform their duties within the limits of their training, expertise, and competence. When these limits are exceeded, individuals in need of further assistance must be referred to persons possessing appropriate qualifications.

Staff members must use suitable means to confront and otherwise hold accountable other staff members who exhibit unethical behavior.

Staff members must be knowledgeable about and practice ethical behavior in the use of technology.

Part 6. Institutional Legal Responsibilities

Staff members must be knowledgeable about and responsive to laws and regulations that relate to their respective responsibilities and that may pose legal obligations, limitations, or ramifications for the SLSP and for the institution as a whole. As appropriate, staff members must inform users of SLSP, as well as officials, of legal obligations and limitations including constitutional, statutory, regulatory, and case law; mandatory laws and orders emanating from federal, state/provincial, and local governments; and the institution's policies.

SLSP must have written policies on all relevant operations, transactions, or tasks that may have legal implications.

Staff members must neither participate in nor condone any form of activity that violates the federal constitutions or laws, or those of the state in which the institution is located.

Staff members must use reasonable and informed practices to limit the liability exposure of the institution and its officers, employees, and agents. Staff members must be informed about institutional policies regarding risk management, personal liability, and related insurance coverage options and must be referred to external sources if coverage is not provided by the institution.

The institution may provide access to legal advice for staff members as needed to carry out assigned responsibilities; however, that service cannot be provided by SLSP unless specifically authorized to do so.

The institution must inform staff and students in a timely and systematic fashion about extraordinary or changing legal obligations and potential liabilities.

SLSP must uphold and model the highest standards in the practice of law within the institution.

Part 7. Equity and Access

SLSP services must be provided on a fair, equitable, and non-discriminatory basis in accordance with institutional policies and with all applicable state/provincial and federal statutes and regulations. SLSP must maintain an educational and work environment free from discrimination in accordance with law and institutional policy.

Discrimination must be avoided on the basis of age; cultural heritage; disability; ethnicity; gender identity and expression; nationality; political affiliation; race; religious affiliation; sex; sexual orientation; economic, marital, social, or veteran status; and any other bases included in local, state/provincial, or federal laws.

SLSP must establish and publish eligibility guidelines that are neutral in substance. SLSP must offer all eligible students equal services. (ABA 5.1, 5.2)

SLSP must establish and publish a conflict of interest policy that is neutral in substance. SLSP must never advise or represent either side of a matter in which there is a potential conflict of interest without the written informed consent of both parties.

Consistent with the mission and goals, SLSP must take action to remedy significant imbalances in student participation and staffing patterns.

SLSP must ensure physical and program access for persons with disabilities. SLSP must be responsive to the needs of all students and other populations served when establishing hours of operation and developing methods of delivering programs and services.

SLSP must recognize the needs of distance learning students by providing appropriate and accessible services and assisting them in identifying and gaining access to other appropriate services in their geographic region.

Part 8. Diversity

Within the context of each institution's unique mission, diversity enriches the community and enhances the collegiate experience for all; therefore, SLSP must create and nurture environments that are welcoming to and bring together persons of diverse backgrounds.

SLSP must promote environments that are characterized by open and continuous communication that deepens understanding of one's own identity, culture, and heritage, as well as that of others. SLSP must recognize, honor, educate, and promote respect about commonalties and differences among people within their historical and cultural contexts.

SLSP must address the characteristics and needs of a diverse population when establishing and implementing policies and procedures.

Part 9. Organization and Management

To promote student learning and development outcomes, SLSP must be structured purposefully and managed effectively to achieve stated goals. Evidence of appropriate structure must include current and accessible policies and procedures, written performance expectations for all employees, functional workflow graphics or organizational charts, and clearly stated program and service delivery expectations.

SLSP must monitor websites used for distributing information to ensure that the sites are current, accurate, appropriately referenced, and accessible.

Evidence of effective management must include use of comprehensive and accurate information for decisions, clear sources and channels of authority, effective communication practices, procedures for decision-making and conflict resolution, responses to changing conditions, systems of accountability and evaluation, and processes for recognition and reward. SLSP must, consistent with their professional obligations, align policies and procedures with those of the institution and provide channels within the organization for their regular review.

SLSP must establish an intake system that treats people seeking assistance with respect, accurately identifies their legal needs, and promptly determines the assistance to be offered. (ABA 4.1)

SLSP must design and utilize a written service or fee agreement that establishes a clear and mutual understanding with people seeking their services regarding the type, scope and costs of any assistance, if any, they will provide. (ABA 4.2, 4.4)

SLSP must establish a procedure for individuals to complain about a denial of service or the quality and manner of assistance. (ABA 4. 7)

SLSP must have internal file maintenance and calendaring systems to help manage its legal work, note important deadlines, check for potential conflicts of interest, and properly account for client funds. (ABA 5.3)

SLSP must have a hard-copy or electronic file in its case management system for each of its cases that records all material facts and transactions, provides a detailed chronological record of work done and sets for a planned course of action. (ABA 5.4)

SLSP are responsible for the conduct of representation undertaken by their practitioners and must supervise work of attorneys and non-attorney staff to assure that each client is competently represented. ABA 6.3)

SLSP must clearly articulate their service delivery structure and methods including the circumstances under which they will offer full or limited representation, alternative dispute resolution, assistance to pro se litigants, and the provision of legal information in circumstances that do not establish an attorney-client relationship. (ABA3.1-3.6)

Part 10. Campus and External Relations

SLSP must reach out to relevant individuals, campus offices, and external agencies to:

establish, maintain, and promote effective relations
disseminate information about their own and other related programs and services
coordinate and collaborate, where appropriate, in offering programs and services to meet the needs of students and promote their achievement of student learning and development outcomes

SLSP must actively seek to achieve institutional stature and credibility in the community in which they operate. (ABA 2.12)

SLSP must, consistent with their professional obligations, have procedures and guidelines consistent with institutional policy for responding to threats, emergencies, and crisis situations. Systems and procedures must be in place to disseminate timely and accurate information to students and other members of the campus community during emergency situations.

SLSP must, consistent with their professional obligations, have procedures and guidelines consistent with institutional policy for communicating with the media.

Part 11. Financial Resources

SLSP must have adequate funding to accomplish their mission and goals. In establishing funding priorities and making significant changes, a comprehensive analysis, which includes relevant expenditures, external and internal resources, and impact on the campus community, must be conducted.

SLSP must demonstrate fiscal responsibility and cost effectiveness consistent with institutional protocols.

Part 12. Technology

SLSP must have adequate technology to support their mission. The technology and its use must comply with institutional policies and procedures and be evaluated for compliance with relevant federal, state/provincial, and local requirements.

SLSP must maintain policies and procedures that address the security and back up of data. All client related data must be kept strictly confidential, both within the office and on any shared technological resources (ADA 4.3, 7.3). Appropriate password protection, firewalls, and other security measures must be in place to protect client data. Passwords should be changed whenever interns, students, or volunteers change.

When technology is used to facilitate student learning and development, SLSP must select technology that reflects current best pedagogical practices.

Technology, as well as any workstations or computer labs maintained by SLSP for student use, must be accessible and must meet established technology standards for delivery to persons with disabilities.

When SLSP provide student access to technology, they must provide:

access to policies that are clear, easy to understand, and available to all students
access to instruction or training on how to use the technology
access to information on the legal and ethical implications of misuse as it pertains to intellectual property, harassment, privacy, and social networks.

Student violations of technology policies must follow established institutional student disciplinary procedures.

Students who experience negative emotional or psychological consequences from the use of technology must be referred to support services provided by the institution.

Part 13. Facilities and Equipment

SLSP must have adequate, accessible, suitably located facilities and equipment to support their mission and goals. If acquiring capital equipment as defined by the institution, SLSP must take into account expenses related to regular maintenance and life cycle costs. Facilities and equipment must be evaluated regularly, including consideration of sustainability, and be in compliance with relevant federal, state/provincial, and local requirements to provide for access, health, safety, and security.

Staff members must have work space that is well-equipped, adequate in size, and designed to support their work and responsibilities. For all client communications and any other conversations requiring privacy, staff members must have access to a private space.

Staff members who share work space must have the ability to secure their work adequately. All client data must be locked when no one is in the office, especially if other staff, such as cleaning crews, or IT personnel have access to the offices.

The design of the facilities must guarantee the security of records and ensure the confidentiality of all client material and other sensitive information.

The location and layout of the facilities must be sensitive to the special needs of persons with disabilities as well as the needs of constituencies served.

SLSP must ensure that staff members are knowledgeable of and trained in safety and emergency procedures for securing and vacating the facilities.

Part 14. Assessment and Evaluation

SLSP must establish systematic plans and processes to meet internal and external accountability expectations with regard to program as well as student learning and development outcomes. SLSP must conduct regular assessment and evaluations. Assessments must include qualitative and quantitative methodologies as appropriate, to determine whether and to what degree the stated mission, goals, and student learning and development outcomes are being met. The process must employ sufficient and sound measures to ensure comprehensiveness. Data collected must include responses from students and other affected constituencies. All assessment data and reporting must protect confidential client information.

SLSP must evaluate regularly how well they complement and enhance the institution's stated mission and educational effectiveness.

Results of these evaluations must be used in revising and improving programs and services, identifying needs and interests in shaping directions of program and service design, and recognizing staff performance.

Carol Booth 3/30/11