Attorney & Non-Attorney Advocate
ECU allows for the participation of licensed attorneys and other advocates in certain disciplinary situations – those involving allegations of non-academic misconduct in accordance with UNC Policy Manual 700.4.1.1[R]. Despite the presence of attorneys or other advocates as part of the conduct process, ECU’s conduct process remains non-adversarial and educational in nature. This emphasis on student education and growth as primary objectives distinguishes ECU’s conduct process from a criminal or civil litigation process. As an example, formal rules of evidence regarding the admissibility of evidence or testimony applicable to criminal and civil causes of action do not apply.
When May a Licensed Attorney or Non-Attorney Advocate Participate:
Licensed attorneys and other advocates may fully participate in the student conduct process only to the extent afforded to the student or student organization they represent. Additionally, licensed attorneys and other advocates may not delay, disrupt, or otherwise interfere with a disciplinary procedure.
4.1.1.9. The right to be represented, at the student’s expense, by a licensed attorney or non-attorney advocate who may participate in accordance with UNC Policy Manual 700.4.1.1 [R]. A Respondent represented by an attorney or non-attorney advocate is expected to attend all scheduled meetings and hearings.
5.1.4. The Respondent has a right to have a non-participating support person present with her/him throughout the conduct process. The support person is not permitted to actively participate in the process, but is simply to provide comfort to the Respondent. If the Respondent chooses to have a licensed attorney or non-attorney advocate as outlined in 4.1.1.9, in a Student Conduct Board Hearing as outlined in section 5.4, the Respondent will not be permitted to have a non-participating support person present. In the meetings with a Conduct Administrator, as described in sections 5.2 and 5.3, students may have both one (1) licensed attorney or non-attorney advocate as outlined in 4.1.1.9, and one (1) non- participating support person.
FERPA Release of Information:
Under the Family Educational Rights and Privacy Act (FERPA), ECU is not authorized to release students’ educational records without a release from the student involved. In order for a licensed attorney or non-attorney advocate to participate, the student or student organization members must consent by signing a FERPA release of information form.
Requirements for Participation of a Licensed Attorney or Non-Attorney Advocate:
In order for a licensed attorney or other advocate to participate in the hearing process, the student or student organization must provide the following documents to the Office of Student Conduct prior to the scheduled disciplinary proceeding (each described in more detail below).
- Notice of Participation by an Attorney or other Advocate
- FERPA Release of Information Form
- Certification by Licensed Attorney or other Advocate
While ECU will make efforts to accommodate the scheduling needs of attorneys and other advocates, the availability of students or Student Organization members, witnesses, Conduct Board members, Administrators, or other necessary participants may take priority for scheduling purposes.
An Important Note About Student Communication:
Even where a student executes a valid FERPA release of information form authorizing the licensed attorney or other advocate to receive information or documents regarding the student, the Office of Student Rights and Responsibilities will continue to communicate directly with the student or student organization. It is the student’s or student organization’s responsibility to communicate and share information with a licensed attorney or other advocate.