Gabrilowitz v. Newman

Steven Gabrilowitz (plaintiff), a University of Rhode Island student, was criminally charged with assault with intent to commit rape and separately charged by the university with violating its conduct code based on the same underlying allegations; the university's disciplinary-hearing procedures barred him from bringing an attorney, though he could bring a non-attorney advisor of his choosing. Gabrilowitz sued university officials (defendants), seeking only to have an attorney present at the hearing for advice and consultation -- not to conduct examination or cross-examination -- and the district court granted a preliminary injunction requiring the university to allow it, which the university appealed.