School Disciplinary Hearings

K-12 School Hearings

Suspensions and Expulsions — North Carolina law separates suspensions into two main categories. A short-term suspension lasts 10 school days or fewer and is governed by G.S. § 115C-390.5 and G.S. § 115C-390.6. These do not come with a guaranteed right to appeal, though families may request an informal review. A long-term suspension, as defined in G.S. § 115C-390.1 and implemented through G.S. § 115C-390.7 and G.S. § 115C-390.8, excludes a student from school for more than 10 school days and can extend through the end of the school year or into the next semester.

Expulsions under G.S. § 115C-390.11 are indefinite and reserved for students age 14 or older whose continued presence is determined—through clear and convincing evidence—to pose a threat to others’ safety. Students subject to a 365-day suspension for firearm possession, per G.S. § 115C-390.10, may seek case-by-case exceptions and eventual readmission after 180 days (G.S. § 115C-390.12).

How K-12 Suspension Hearings Work — When a student is recommended for long-term suspension, the school must issue written notice by the end of that workday or as soon as practicable (G.S. § 115C-390.8). This notice must detail the incident, the rule allegedly broken, how to request a hearing, and the student's rights—including the right to review records and bring a lawyer or advocate.

A formal hearing must occur before the suspension is imposed, if the parent timely requests it. The hearing may be conducted by the superintendent, a hearing officer, a hearing panel, or the school board. At the hearing, students have rights to present evidence, question witnesses, and be represented by an attorney or a non-attorney advocate, consistent with G.S. § 115C-390.8.

Student Rights in Long-Term Suspension Hearings — North Carolina statutes provide substantial due process rights for students. These include access to the school’s evidence, the ability to present written or oral defense, the right to record the hearing, and a final written decision with reasoning. If the superintendent makes the final decision, families may appeal to the school board under G.S. § 115C-390.8 and G.S. § 115C-45(c). Students also retain the right to seek judicial review of the board’s decision in superior court.

Additionally, governing boards cannot impose long-term suspensions for truancy, tardiness, or other non-serious offenses unless aggravating factors are present (G.S. § 115C-390.2). Mitigating and aggravating factors must be weighed by decision-makers.

Alternative Education Services During Suspension — Under G.S. § 115C-390.9, students suspended long-term must be offered alternative education services unless the superintendent provides a written explanation for denial. Valid reasons include violent behavior, lack of available resources, or substantial disruption. Families may request a board-level review if services are denied, and the superintendent must submit supporting documentation ahead of that review.

Special Procedures for Gun-Related Suspensions — State and federal law mandate a 365-day suspension for students who bring or possess firearms or destructive devices on educational property (G.S. § 115C-390.10, pursuant to the Gun-Free Schools Act). However, the superintendent may modify or decline to impose this suspension if the student found the weapon and reported it immediately, without harmful intent. The same due process protections outlined in G.S. § 115C-390.8 apply to these cases, and students may petition for readmission after 180 days (G.S. § 115C-390.12).

North Carolina College and University Hearings

For students enrolled at University of North Carolina (UNC) system schools and other public colleges, school hearings are governed by laws such as G.S. § 116-40.11 and the Campus Free Speech Act (G.S. § 116-300). These laws ensure that students accused of misconduct—ranging from alcohol violations to serious behavioral infractions—are entitled to fundamental procedural rights.

In most non-academic cases, students may be represented by a licensed attorney or non-attorney advocate, who may participate fully in hearings, interviews, and appeals (G.S. § 116-40.11). However, there are two exceptions: no legal representation is allowed in fully student-run Honor Courts or for allegations of academic dishonesty (e.g., plagiarism or cheating), as defined by the institution.

Student Procedural Rights on Campus — Under G.S. § 116-300, students involved in disciplinary cases—especially those involving expressive conduct—must receive: written notice of the charges, access to evidence, the right to confront witnesses, the opportunity to call their own witnesses, and an impartial decision-maker. Students also have a right to appeal and to active legal assistance, consistent with G.S. § 116-40.11. These protections apply regardless of whether the conduct is political, social, or otherwise controversial in nature.

How Academic Misconduct and Honor Court Cases Are Handled — If you’re accused of academic dishonesty at a public university, your case may be heard by an Honor Court composed entirely of students. North Carolina law does not grant the right to counsel in these proceedings if the court is fully student-run (G.S. § 116-40.11). However, you can still consult with an attorney to prepare your defense, understand institutional policies, and draft statements or responses.

Because penalties for academic misconduct may include suspension or expulsion, students should seek legal help even if a lawyer can’t be present at the hearing. Many colleges allow appeals in these cases, especially where procedural errors or new evidence exist.

What to Do If You Believe the Process Was Unfair — If you or your child was suspended, expelled, or disciplined unfairly, legal recourse may be available. In K-12 settings, board decisions upholding long-term suspensions may be appealed to superior court under G.S. § 115C-390.8. If a board denies readmission after a 365-day suspension or expulsion, there is no right to judicial review (G.S. § 115C-390.12), but subsequent petitions can be filed every six months in expulsion cases.

At the college level, an appeal is typically allowed under school-specific policies, especially for procedural violations or sanctions that are disproportionate. These appeals are technical, and legal guidance is critical for success.