Bill Summary for H 843 (2013-2014)

Summary date: 

May 15 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 843 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT ANY STUDENT OR STUDENT ORGANIZATION THAT IS CHARGED WITH A VIOLATION OF CONDUCT AT A CONSTITUENT INSTITUTION HAS A RIGHT TO BE REPRESENTED BY AN ATTORNEY OR NON-ATTORNEY ADVOCATE IN CERTAIN CASES.
Intro. by J. Bell, Glazier, Baskerville, Jordan.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends new GS 116-40.11 to clarify the right to counsel in disciplinary proceedings for students and organizations at a constituent institution of the University of North Carolina. Makes an organizational change to address the right to counsel for students and for organizations each in its own separate subsection.

Provides that a student, enrolled at a constituent institution, who is accused of violating the disciplinary or conduct rules of the institution, has the right to be represented by a licensed attorney ora non-attorney advocate who may fully participate in any disciplinary procedure regarding the alleged violation. However, also provides that a student has no right to be represented by a licensed attorney under the following circumstances:(1) the constituent institution has implemented a Student Honor Court, fully staffed by students to address such violationsor (2) the allegation is for "academic dishonesty" as defined by the constituent institution.

Provides that any student organization, officially recognized by a constituent institution, that isaccused of violating the disciplinary or conduct rules of the constituent institutionhas a right to representation by a licensed attorney or non-attorney advocate who may fully participate in any disciplinary procedure regarding the alleged violation. However, there is no right to representation if the constituent institution has implemented a Student Honor Court, fully staffed by students, to handle this type of violation.

Amends the title of the act. Applies to all violations beginning on or after July 1, 2013.

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