Licensed Attorneys or Non-Attorney Advocates

 

Enrolled students and officially recognized student organizations shall have the right to be represented in disciplinary proceedings by licensed attorneys or non-attorney advocates in the manner as set forth below:

Enrolled Students
In accordance with N.C. General Statute §116-40.11, any enrolled student who is accused of a violation of the Student Code of Conduct shall have the right to be represented, at the student’s expense, by a licensed attorney or non-attorney advocate who may fully participate during any disciplinary procedure regarding an alleged violation except disciplinary proceedings:  (1) being heard by the Student Court, a hearing body fully staffed by students, or (2) involving academic dishonesty.

Officially Recognized Student Organizations

In accordance with N.C. General Statute §116-40.11, any officially recognized student organization that is accused of a violation of the Student Code of Conduct shall have the right to be represented, at the organization’s expense, by a licensed attorney or a non-attorney advocate who may fully participate during any disciplinary procedure regarding the alleged violation except disciplinary proceedings:  (1) being heard by the Student Court, a hearing body which is fully staffed by students.

Scheduling

When scheduling disciplinary proceedings, ECSU will make reasonable efforts to accommodate a licensed attorney or non-attorney advocate; however, the availability of students, student organization members, witnesses, administrators, members of the hearing body assigned to hear the matter, and other necessary participants may take priority when determining the date and time for a disciplinary procedure.

Requirements to Serve as a Licensed Attorney or Non-Attorney Advocate during ECSU’s Student Disciplinary Procedure

In order for a licensed attorney or non-attorney advocate to represent a student or student organization in a disciplinary proceeding, the student or student organization must provide the Chief Student Affairs Officer or his/her delegate with the three (3) documents described below in advance of the scheduled hearing:

i.       Notice of Representation

Student and student organizations that plan to have a licensed attorney or non-attorney advocate represent them during a disciplinary proceeding must notify the Chief Student Affairs Officer or his/her delegate in writing and provide contact information for the attorney or non-attorney advocate.

ii.     FERPA Authorization

The Student accused of a violation of the Code of Conduct or members of a Student organization accused of a violation of the Code of Conduct must execute a FERPA Authorization in order for a licensed attorney or non-attorney advocate to receive student records or speak with ECSU officials regarding the student disciplinary proceedings.

iii.   Certification by Licensed Attorney or Non-Attorney Advocate

An attorney or a non-attorney advocate for a student or student organization must sign an acknowledgment agreeing to comply with university policies and procedures before participating in a disciplinary proceeding.

For your convenience we have created a
3 in 1 Representation by Licensed Attorneys or Non-attorney Advocates Form.