Facing an honor code violation is a stressful experience for any student. Whether it involves allegations of academic dishonesty, underage drinking, or other misconduct, the consequences can be severe. When failing grades, suspension from athletics, and even expulsion are on the line, you may wonder: Should I get an attorney?
The answer to that question is also the reason that professional legal representation is always a good idea in honor code cases: Every university has its own policies.
While some North Carolina schools allow students to hire attorneys to actively participate in disciplinary proceedings, others impose limits on legal representation during hearings. Because of the complexity and variability of university disciplinary processes, it’s wise to consult with an attorney before providing statements.
Colleges and universities in North Carolina establish their own honor codes, procedures, and rules regarding legal representation in honor code cases. These rules generally fall into three categories.
Some colleges allow attorneys to be fully involved in a manner similar to the way a lawyer would represent a client in state court. In these situations, your attorney can speak on your behalf during the hearing and directly challenge evidence or question witnesses.
Other schools permit students to have an attorney present but restrict their ability to actively participate in hearings. In these cases, lawyers can provide advice and guidance but may not be allowed to speak during proceedings.
Certain colleges prohibit attorneys from attending hearings altogether. Even in these cases, all students have the right to consult with a lawyer to prepare evidence, practice responses, and strategize their best defense.
Colleges have a great deal of latitude in designing their own disciplinary hearing procedures as well as determining who rules on the outcome. As you prepare to respond to allegations, it’s important to be aware of who you’ll be addressing. Here are some of the more common decisionmakers in university hearings:
Your attorney can help you understand who will be making a judgment in your case and plan your defense accordingly.
While school hearings may feel like informal affairs, the amount of discretion that universities have in all aspects of the procedure makes a good strategy essential.
Even if your school limits or prohibits direct attorney participation, good legal advice can prevent an honor code violation from having far-reaching consequences on your personal and professional life.
If your attorney is unable to speak on your behalf, they can still:
Because there is so much variability in college honor code proceedings, it’s best to consult an experienced student rights attorney as soon as you become aware of the accusation.
In some universities, attorneys are only allowed to assist with case preparation, so it’s wise to act fast. Even if your situation feels like a simple misunderstanding, it’s important to appreciate the impact that an unfavorable decision could have on your future. Face your university honor court with a sound defense, and you can avoid a cascade of frustrating consequences and lost opportunities.
