Because if they do a hearing without legal help, and they don’t get the result they want, it will be too late for a lawyer to do much to help. The time for legal advice is at the beginning, before the student makes blunders that they can never take back. Kids go into these hearings with the “help” the college provides and they end up waiving their rights and making all kinds of statements or concessions that ruin their chances of making their case at a later stage.
Are people confusing “talk to a lawyer” with “file a lawsuit against the college”? They are not the same thing. “Advisors” who are part of the school’s process are beholden to the school’s process, not to the student. If you hire an attorney, their entire duty is to you. How can it be a bad thing to get advice from someone who has your best interests first? If the LAWYER says it’s too early to get involved, fine. But to go into the hearing without legal advice is a bad mistake.
If you find a mysterious bump on your face, should you try cutting it off on your own, and only call a doctor if that fails? No. Talk to the doctor FIRST. You can do permanent damage as an amateur.
No, he isn’t, unless he has been charged with a crime. Colleges, especially private colleges, have enormous leeway to discipline their students however they want.
Law schools will be just as rigorous as medical schools in requiring disclosure and explanation, but the consequences to an application are not as severe. Other grad schools vary, but are rarely as searching in their inquiries as med and law schools.
(For context, I am a former lawyer and presently an admissions consultant specializing in educational crisis management. Thank you for the Bat Signal, @Mwfan1921!)