Disciplinary Proceedings at North Carolina State University
A student at North Carolina State University (NC State) (NCSU) who is accused of violating the Code of Student Conduct (the Code) may be required to attend certain hearings or sign special forms. Depending on the nature of the alleged offender, a student can face the risk of severe academic sanctions that may include suspension or possibly even expulsion.
Disciplinary measures by the university can compound the stress that is already felt by alleged offenders who may also be dealing with criminal charges. Students in these situations need to have a full understanding of their rights in order to ensure that they do not accept punishments that may have extremely damaging consequences later on.
Raleigh Lawyer for NC State Disciplinary Hearings
If you are a student who has been accused of some kind of violation of the Code at NC State, it is in your best interest to immediately seek legal representation. Coolidge Law Firm fights to get the best possible outcomes for students facing academic and non-academic misconduct allegations. Do not discuss your case with student conduct without first speaking with an attorney.
Our Raleigh student defense attorneys defend clients in criminal courts as well as disciplinary hearings. You can receive a complete review of your case by calling us to take advantage of a free, confidential consultation.
Information Center for NC State Student Disciplinary Hearings
- How do students learn they are being accused of violating the Code?
- What are the different kinds of hearings at NC State?
- What rights do students have under the Code in these cases?
- Where I can find more information about disciplinary procedures?
Notification procedures for students accused of Code violations depend on whether the case involves an academic or non-academic violation.
In most cases involving alleged academic dishonesty, professors involved in the specific courses will inform students of the allegations. The faculty member will then present the student with a form called the Report of an Academic Integrity Violation (RAIV) that typically lists any sanctions recommended by the professor.
The student will then have two options:
- Sign the RAIV Form Admitting Responsibility — When students choose to sign RAIV forms accepting responsibility, they also agree to the sanctions proposed by the professors and waive their rights to appeal the decisions. Faculty members then forward the original forms and supporting documentation to the Office of Student Conduct, which can will either accept the sanctions or refer cases to hearings if students have previous academic misconduct history, recommended sanctions are not consistent with sanctions imposed in similar cases, or faculty members are not aware of aggravating circumstances possibly impacting sanctions.
- Sign the RAIV Form Denying Responsibility or Refuse to Sign the RAIV Form — Allegations are forwarded to the Office of Student Conduct if students refuse to accept responsibility or faculty members are unable to meet with students. The Office of Student Conduct then prepares for a hearing that allows a neutral third-party to decide whether the student is actually responsible for the allegation and what sanctions (if any) should be imposed. A student meets with an advisor from the Office of Student Conduct and can choose between having a Conduct Board Hearing or Administrative Hearing. A student can also accept the recommended sanctions provided by the Hearing Advisor in a Mutual Agreement.
Students accused of non-academic misconduct are typically requested to meet with the Office of Student Conduct. During these meetings, students are made aware of the specific allegations and have the opportunity to provide additional information for the case files. Student should consider talking with an attorney prior to any meeting at student conduct.
If the alleged misconduct is considered a minor violation, then the issues are generally resolved through informal, non-adversarial meetings with the Office of Student Conduct known as Disciplinary Conferences. Serious violations involve the same options that students have when meeting with advisors from the Office of Student Conduct for alleged academic misconduct: the choice of either an Administrative Hearing or a Conduct Board Hearing, or accepting recommended sanctions provided by Hearing Advisors in Mutual Agreements.
NC State has several hearing types that the university uses to resolve issues of alleged academic or non-academic misconduct. Students should acquaint themselves with the different types of hearings and how the outcomes of these hearings could affect their academic career..
In addition the RAIV form previously mentioned, additional procedures at NC State include:
- Disciplinary Conferences — A student meets with a staff member from the Office of Student Conduct or University Housing. Students receive written notice of specific charges at least five calendar days prior to scheduled conferences, and they are given access to their case files prior to and after the Disciplinary Conferences. Decisions are based on a preponderance of the evidence standard (meaning a student’s role in alleged conduct does not have to be proven beyond a reasonable doubt), and students must be provided decisions and sanctions no later than 10 calendar days from the date that decisions are made. A student can call relevant witnesses and may be represented by an attorney, observer, or other advocate.
- Conduct Board Hearings — The Conduct Board reviews serious violations. Its composition varies depending on the nature of the charge. Conduct Board Hearings are recorded and monitored by a professional staff member from the Office of Student Conduct. Both sides present their cases and may question one another through the Conduct Board during the presentations. The Conduct Board can also ask its’ own questions. Both sides make closing arguments before the Conduct Board enters into a period of deliberation to reach a decision via majority vote on the charges. After the findings are announced, there will be a sanctions hearing that leads to another period of deliberation in which a decision is again made by majority vote. Any determination of responsibility and sanctions can be provided verbally to the student at the conclusion of the hearing, but a written decision will be sent to the student within 10 calendar days of the decision. The student may bring an advisor and/or observer, but cannot be represented by an attorney or other advocate.
- Administrative Hearings — An Administrative Hearing typically follows the same procedures as a Conduct Board Hearing, except that the hearing officer is a staff member from the Office of Student Conduct. Cases involving charges of relationship violence, sexual misconduct, stalking, or misconduct that threaten the safety or well-being of the campus community are only heard in Administrative Hearings. A student may be represented by an attorney, observer, or other advocate.
- Mutual Agreements — A student can accept responsibility and engage in a discussion about any factors that could impact sanctioning through a Mutual Agreement, in which a staff member in the Office of Student Conduct takes into consideration factors affecting possible sanctions. The student is allowed to ask the hearing officer questions regarding the suggested sanctions and has two University business days to consider any agreement. By entering into such agreements, students waive their rights to appeal decisions and sanctions. If they do not sign the Mutual Agreements, they may resolve their cases through other conduct processes. A student may be represented by an attorney or other advocate and seek any outside counsel in making a decision to sign the Mutual Agreement.
- Extraordinary Intervention: Interim Suspension — NC State may decide in certain cases that an interim suspension is necessary to separate a student from the campus community. Students subject to these suspensions receive an informal hearing before the Provost within five University business days from the effective date of the interim suspension. This is an informal, conversational, and non-adversarial hearing in which the formal rules of evidence and civil procedure do not apply. The Provost exercises control over the entire proceedings to avoid needless consumption of time, and students are expected to answer questions concerning their alleged conduct. The Provost renders a written decision within five University business days after the completion of the informal hearing, and it is final and not subject to appeal. A student may be accompanied by an observer and a mental health professional or—in lieu of a mental health professional—a University faculty or staff member. A student may also be represented by an attorney or other advocate.
Section 3 of NC State’s Student Discipline Procedures provides students with certain rights when they have been accused of violating the Code. A student’s basic rights include:
- Written notice of the charges;
- Written notice of a hearing shall include information specific to the factual allegations and references to possible sanctions in cases that may result suspension or expulsion;
- Reasonable access to the student’s case file in the Office of Student Conduct;
- Explanation of the procedural alternatives available within the university disciplinary process;
- To be presumed not responsible until proven otherwise for violating the Code;
- To respond to the information presented and to question witnesses, through a hearing board or hearing officer;
- To deny responsibility if proven responsible (although a student may be charged or subjected to more stringent sanctions for lying about the facts of a case);
- To appeal an adverse decision;
- To review the Code and these Procedures;
- When enrolled and formally charged with non-academic misconduct, to be represented by an attorney or other advocate at the respondent’s own expense, during a Disciplinary Conference, Mutual Agreement, Administrative Hearing, or Interim Suspension hearing; and
- To waive any of the above rights, provided that the waiver is made freely and in writing.
Student Discipline Procedures | NC State University Office of Student Conduct — You can learn more about what occurs when a student has been accused of violating the Code of Student Conduct. The website contains links to additional information under two sections related to alleged academic and non-academic misconduct.Office of Student Conduct
300 Clark Hall
Campus Box 7321
Raleigh, NC 27695
House Bill 74 | General Assembly of North Carolina 2013 Session — Section 6 of this bill signed into law on August 23, 2013 gave college students in North Carolina facing disciplinary hearings the right to have legal representation for such hearings. You can read the full text of legislation, which also affords certain protections for certain groups and student organizations.
Find a Lawyer for NC State Disciplinary Hearings
Have you been accused of violating the North Carolina State University Code of Student Conduct? In most cases, you have the right to be represented by a student defense attorney who can fight to get you the most favorable outcome.
Even with Conduct Board Hearings in which legal representation is prohibited, Coolidge Law Firm can help you prepare for your hearing and present the best possible case. We also aggressively defend clients against criminal charges in traditional courtrooms.
You can have our Raleigh criminal defense attorneys provide an honest and through evaluation of your case as soon as you call (919) 239-8448 or fill out the contact form below to schedule a free initial consultation.