Attorney or Non-Attorney Advocate
Iin accordance with N.C.G.S. 116-40.11, for allegations of misconduct received by the University on or after August 23, 2013, any student or student organization accused of violations outlined in section II.C. of the Instrument or II.C of the Student Code of Conduct may be represented, at their own expense, by a licensed attorney or non-attorney advocate of their own choosing. This provision shall not apply to cases heard by an all-student Honor Court or Conduct Board (i.e., a board or panel that is composed entirely of students) or apply to allegations of academic misconduct. Students or student organizations that choose to have a licensed attorney or non-attorney advocate participate in a conduct proceeding, must have a Notice of Attorney or Non-Attorney Advocate Form and FERPA consent form on file with Student Conduct. This notice must specify (a) the identity of the licensed attorney or non-attorney advocate; (b) whether the individual is a licensed attorney or a non-attorney advocate; and (c) current contact information (e.g., address, email, and phone) for the attorney or non-attorney advocate. (d) affirming that the Attorney or Non-Attorney Advocate certifies they read and understood the respective policies. In addition, the student or student organization must complete and submit a written authorization that meets the requirements of a valid consent as specified by the Family Educational Rights and Privacy Act (FERPA) of 1974.
A student or student organization that chooses to be represented at any hearing by a licensed attorney or non-attorney advocate may also be assigned a trained student counsel or student advisor to serve in an advisory capacity. However, unless otherwise provided in the Instrument or Student Conduct Procedures, the student or student organization may be accompanied to the hearing and represented by only one individual (licensed attorney, non-attorney advocate, or student counsel/student advisor).
In the event the offense charged is also the subject of criminal charges, the student may be accompanied to the hearing by a licensed attorney who may confer with the student during the hearing so long as the attorney does not address the hearing panel, those hearing the appeal, or other parties or witnesses, and so long as the attorney does not delay or disrupt the proceeding.
Forms to Complete by Student