Guidelines for Attorney/Non-Attorney Advocates
The student conduct process promotes learning and student development by adjudicating alleged student misconduct; contributes to the educational mission and core values of the university community through adjudication of the Student Code of Conduct and Academic Integrity Policy; assures standards of acceptable behavior that promotes students’ health, safety, welfare, and property.
The student conduct process is not comparable to a court of law, criminal proceeding or civil proceeding and therefore the role of the advocate is dissimilar. The University’s process is not adversarial; its purpose is to educate the student and contribute to his or her ethical growth.
The student conduct process exists to resolve alleged violations of the Student Code of Conduct and the Academic Integrity Policy. A student or student organization accused of violating the Student Code of Conduct may be represented, at their own expense, by a licensed attorney or non-attorney advocate of their own choosing. In cases involving an alleged act(s) of sexual misconduct and/or interpersonal violence, a reporting party may also be represented by a licensed attorney or non-attorney advocate of their own choosing. Anyone wishing to serve as an attorney or non-attorney advocate on behalf of a student or student organization must meet certain conditions. Those conditions are outlined below. All attorney or non-attorney advocates who participate in the conduct process on behalf of an accused student, student organization, or reporting party (in cases involving an alleged act(s) of sexual misconduct and/or interpersonal violence) should familiarize themselves with the Student Code of Conduct.
A student shall not have the right to be represented by a licensed attorney or non-attorney advocate for any allegation of the Academic Integrity Policy. (SL 2013-413)
If you are representing a UNCG student, this information will provide you with important information about the University Student Code of Conduct and your role in the process. Students or student organizations that choose to have a licensed attorney or non-attorney advocate represent them must submit the completed Notice of Representation form to the Office of Student Rights and Responsibilities no later than five (5) business days before a disciplinary hearing or two (2) business days before a Student Conduct Conference (SCC). This form specifies (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. In addition, the student or student organization must complete and submit the written authorization portion that meets the requirements of a valid consent as specified by the Family Educational Rights and Privacy Act (FERPA).
At least five (5) business days prior to a disciplinary hearing or two (2) business days before a SCC, the attorney or non-attorney advocate shall provide a signed certification affirming that they have read and understand (1) The UNCG Student Code of Conduct, (2) Section 700.4.1 of the UNC Policy Manual, and (3) The Guidelines for Attorney/Non-Attorney Advocates which provides Information for Attorneys and Non-Attorney Advocates participating in the student conduct process.
The Student Code of Conduct outlines a Violation Flowchart which can assist in understanding the process.
Both the reporting party and responding party are expected to participate in the student code of conduct process. If either party refuses to participate in the student conduct process, the disciplinary hearing will take place in the absence of the non-participating party, and that party will lose their right to have an attorney or non-attorney advocate present.
For all disciplinary proceedings where a licensed attorney representing a reporting party or responding party is present, an attorney from the UNCG Office of Legal Counsel may be present.
Pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), and the implementing regulations, the Office of Student Rights and Responsibilities cannot discuss a student’s record with an outside agent without written permission granted by the student. The release form is available online at https://ferpa.uncg.edu/. Absent this form, staff members are limited to discussing university policies and procedures. Additionally, the Office of Student Rights and Responsibilities will at all times correspond directly with the student even if the student authorizes the attorney or non-attorney advocate to receive information or documents regarding the student. It is the student’s responsibility to communicate and share information with the attorney or non-attorney advocate.
Office of Student Rights and Responsibilities
The University of North Carolina at Greensboro
236B Elliott University Center, PO Box 26170