they could make it slightly punishing, only the trait points used up until that level is used.
also, the armor and weapon rate is scaled at the level it should be, a lvl 35 character doesn't have max armor rate, it has lvl 35 armor rate or less.
if ppl want to force others to be max level then fine, let's turn it around and you'll see the whole "level up to max level" issue is non-existing.