A new school year is upon us and students across North Carolina are back in classrooms and on athletic fields. The question of who is eligible to participate in interscholastic athletics in North Carolina’s public schools is answered by the student participation rules established by the North Carolina State Board of Education. Those rules include a ban on participation following a felony conviction. This post explains the rule, explores how it applies to various legal outcomes, and offers considerations for practitioners involved in cases in which a minor is being prosecuted in criminal court for a felony charge.
The Rule
Under the North Carolina Constitution, the State Board of Education is required to “make all needed rules and regulations in relation” to the supervision and administration of North Carolina’s public school system and the funds provided for its support. N.C. Const. art. IX §5. Rules regulating student participation in interscholastic athletics are among the rules enacted to fulfill this obligation. 16 NCAC 06E.0207. A range of requirements involving residency, enrollment, transfer, academics, age, biology, and medical examination are included. The last requirement relates to criminal history and is sometimes referred to as the felony ban. The requirement states
A student shall not participate in interscholastic athletics after pleading guilty or “no contest” to, or being convicted of, a felony under the laws of North Carolina, the United States, or any other state. Prior to deeming the student ineligible, the relevant rule administrator shall obtain a certified copy of a criminal record reflecting the conviction and verify that the student is the same individual identified in the criminal record. 16 NCAC 06E.0207(j).
Adjudications of Delinquency for Felony Offenses are Not Convictions
The felony ban refers only to convictions. The Juvenile Code is clear that an adjudication of delinquency is not a conviction of a criminal offense. G.S. 7B-2412. Therefore, an adjudication of delinquency for an offense that would be a felony if committed by an adult does not fall under the felony ban. Youth are not prohibited from participating in interscholastic athletics if their cases are processed in juvenile court as delinquency matters.
What Constitutes a Criminal Conviction
The first criteria for a criminal conviction is that the case is under criminal court, and not juvenile court, jurisdiction. There are two ways a case can fall under criminal jurisdiction when a person under the age of 18 is charged with an offense.
- Some cases begin under original criminal subject matter jurisdiction. This includes a) violations of all motor vehicle offenses contained in Chapter 20 of the General Statutes and alleged to have been committed at ages 16 and 17 (G.S. 7B-1501(7)b.1.) and b) beginning with offenses committed on or after December 1, 2024, all matters in which a Class A – E felony is alleged to have been committed at ages 16 and 17 (G.S. 7B-1501(7)b.2.).
- Other cases begin under juvenile jurisdiction and are transferred to superior court for trial as an adult. This includes cases in which a Class A felony is alleged to have been committed by a juvenile at ages 13, 14, or 15. These cases must be transferred to superior court. G.S. 7B-2200(b). Cases in which a juvenile is alleged to have committed a Class F or G felony at ages 16 or 17 are also required to be transferred to superior court as long as the prosecutor is in favor of the transfer. G.S. 7B-2200.5(a). Cases in which any other class of felony is alleged to have been committed at age 13 or older may be transferred to superior court if transfer is requested and the district court orders the transfer following a hearing. G.S. 7B-2200(a), G.S. 7B-2200.5(b).
The second criteria is that the criminal matter must have resulted in
- A plea of guilty,
- A plea of no contest, or
- A conviction.
The inclusion of a guilty plea and a plea of no contest appears to cast a wide net, taking in outcomes in criminal court that extend beyond a conviction following a trial.
Conditional Discharge as a Bar to Athletics Participation
A conditional discharge may present the most complicated situation in relation to what outcomes trigger the felony ban. A conditional discharge for a first felony possession of a controlled substance offense (G.S. 90-96) and a conditional discharge for a Class H or I felony offense (G.S. 15A-1341(a4)) require that the defendant first pleads guilty. At the same time, successful completion of the terms and conditions imposed as a result of the conditional discharge results in dismissal of the proceedings without an adjudication of guilt, does not result in a conviction, and the matter is eligible for expunction. G.S. 15A-145.2, -146. Is a conditional discharge included in the felony ban on athletic participation?
The Court of Appeals considered the argument that a conditional discharge does not constitute a conviction for the purposes of structured sentencing in State v. Hasty, 133 N.C.App. 563 (1999). The relevant language in Hasty was nearly the same as the language in the felony ban rule and included entry of a plea of guilty or no contest. The Court held that the language clearly included a plea of guilty and the conditional discharge was therefore considered a conviction for structured sentencing purposes. In the same way, it appears that under the plain language of the felony ban rule, the plea of guilty that triggers the conditional discharge would result in a bar to participation in interscholastic athletics.
Similar reasoning likely applies to cases resolved through a prayer for judgment continued as well, given that a plea of guilty is entered before the prayer for judgment continued is granted. State v. Sidberry, 337 N.C. 779 (1994).
Implications for Practitioners
Defendants who are at risk of falling under the felony ban and practitioners involved in their cases should understand the implications of a guilty plea on athletic participation before such a plea is entered.
There are many important implications for youth who plead guilty to or are otherwise convicted of a felony in criminal court. While the inability to play high school sports may not be the most important implication, it could be a factor that feels very important to an adolescent. It may also function as an important pro social connection for the young person who has otherwise found their way into legal trouble.
Remand or removal to juvenile court may serve as an alternative to a disqualifying felony conviction.
There are two ways that a case can move from criminal jurisdiction to juvenile jurisdiction.
- Cases that begin under juvenile jurisdiction and are transferred to superior court for trial as an adult can be remanded back to juvenile jurisdiction on the joint motion of the prosecutor and the defense attorney. G.S 7B-2200(c), G.S 7B-2200.5(d).
- Cases that involve a Class A – E felony offense alleged to have been committed at age 16 or 17 and begin under criminal jurisdiction can be removed to juvenile jurisdiction on the joint motion of the prosecutor and the defense attorney. G.S. 15A-960.
Resolution of the matter via an adjudication of delinquency instead of a criminal conviction will not trigger the felony ban.
Resolution via a deferred prosecution agreement will likely not trigger the felony ban.
Some felony charges may be resolved via deferred prosecution. G.S. 15A-1341(a1), (a2). A guilty plea is not required for a deferred prosecution. Instead, a written agreement is required. That agreement often requires the defendant to admit to the facts of the crime. The Court of Appeals of North Carolina distinguished between admitting to the facts of the crime in a deferred prosecution agreement and entering a plea of guilty. State v. Summers, 268 N.C.App. 297 (2019). The court explained that because the remedy for a violation of a deferred prosecution is reinstatement of the charges and commencement of the prosecution, including that the defendant is free to then plead not guilty, admitting to the facts of the crime in a deferred prosecution agreement is not the same as pleading guilty. Given this precedent, it is likely that resolving a matter through a deferred prosecution agreement will not trigger the felony ban on athletic participation.