Enacted Campus Due Process Statutes – North Carolina

In 2013, North Carolina enacted HB 74, now N.C. Gen. Stat. Ann. § 116-40.11.

HB 74 Bill Summary

In 2013, North Carolina enacted the Students and Administration Equality Act, the first statute in the nation to provide students and student organizations at public institutions of higher education the right to be represented, at the student or student organization’s expense, by a licensed attorney or non-attorney advocate who may fully participate during most disciplinary procedures. The requirements of the statute do not apply to cases involving charges of academic dishonesty or cases decided by student-run “Student Honor Courts.”

Key Provisions

• Students and student organizations enrolled in public institutions of higher education who have been accused of violating the institution’s code of conduct 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.
• The right to representation by a licensed attorney or non-attorney advocate does not apply to disciplinary cases involving allegations of academic dishonesty or to cases decided by a “Student Honor Court” that is fully staffed by students. (This all-student tribunal is a unique and longstanding feature of UNC-Chapel Hill, and already provided for student advocates.)

FIRE Commentary

North Carolina becomes first state to guarantee college students right to attorney (August 23, 2013)