You care about your education. So, you go to class, and you study hard. You don't want to lose your chance at a degree over something silly, so you also follow all your university's rules: you don't cheat, you're careful not to plagiarize, and you would never do something like tamper with fire safety equipment.
How do you behave off-campus, though? Are you just as cautious? The thing is, most Arizona colleges and universities hold you responsible for your off-campus behavior too, even if that behavior has nothing whatsoever to do with your studies. Get in a bar fight in town, get cited for a DUI back home, or wind up arrested for drug possession in a completely other state—it doesn't matter where you are, your school will try to assert jurisdiction over you.
Should they have this much control over your life? Probably not. Are they legally entitled to this much control? That's a bit of a gray area, but you can't necessarily count on the courts to protect you. The more important question, then, is what you're going to do if you wind up in trouble?
The answer to that one is fairly straightforward: you contact the Lento Law Firm. The attorneys at the Lento Law Firm are dedicated to helping students get fair treatment from their colleges and universities. Over the years, we've helped hundreds of students defend themselves from all types of charges, and we're particularly experienced at handling allegations of off-campus misconduct. Whatever your particular situation, your best bet for getting a successful resolution is to call the Lento Law Firm at 888-535-3686 or use the automated online form.
Can My College Really Discipline Me for Alleged Misconduct that Occurred Off-Campus?
You came to college to study. And yes, you're part of the campus community, so you understand that you have to follow university rules. Can your school really punish you for what you do away from campus, though?
The simple answer is yes. When you enrolled at your university, you agreed to abide by school policies. One of the most important of these is the Student Code of Conduct. Every school has one, and this document governs all your campus behaviors, from when and where you're allowed to drink to how loud you can play music in your dorm room. Those conduct codes also invariably contain rules about following the law. The University of Arizona's code, for example, bars “Commission of any offense prohibited by state or federal law or local ordinance.” Fair enough: if you're convicted of a crime, maybe your university has a case to make that you're not the sort of person they want on campus. Read that rule again, though. You don't have to be convicted of a crime to face University of Arizona discipline. A “proven” allegation is enough. And when UA is deciding, “proof” doesn't have to be “beyond a reasonable doubt.” If the school is more than fifty percent sure you broke the law, that's enough.
What's more, you don't have to be accused of breaking the law for an Arizona school to charge you with off-campus misconduct. A bar room brawl or a harassing comment in a chat room can be enough to get you in trouble, even if your actions don't technically break any laws.
The argument is that when you sign up to attend UA—or Arizona State, Prescott College, or any of the other colleges and universities in Arizona—you become a member of that community. Just as you are expected to abide by the laws of any other community, you should be willing to abide by the rules of the university, no matter where you happen to be at the time. This argument is buttressed by the legal premise that you've signed a contract. When you enroll, you accept university policies, and if those policies extend to your off-campus behavior, well...you've already agreed to them.
There is some question about whether such jurisdictional claims are legal under the law, but that doesn't necessarily protect you. In fact, it can make the entire situation all the more confusing. Deciding jurisdiction can have to do with complex factors such as the precise wording of the school's policy, the exact nature of the offense, and even what clothes you were wearing at the time. And most schools will believe you're not going to file suit to protest, so they can be reasonably certain whatever punishment they assign will stick.
There are often ways to avoid disciplinary action, even if your school insists an off-campus incident violates its policies. You can focus on proving your innocence; you can argue that the school doesn't have jurisdiction; you can negotiate a lesser sanction. You're going to need help to do any of these things, though. Campus judicial systems are notoriously complex, and issues of off-campus jurisdiction only increase that complexity. You can trust that the Lento Law Firm's Student Defense Team knows the law inside and out. They also know how Arizona schools operate. Whatever your situation, they'll use what they know to give you every possible advantage when you're under investigation and make sure you're treated fairly if you're subject to adjudication.
Criteria Used by Arizona Schools to Discipline Off-Campus Behaviors
If you've been charged with an instance of off-campus misconduct, one of the first things you should do is check your school's specific jurisdictional claims. What specific conduct does your Code of Conduct say is subject to disciplinary action?
Public universities are governed by Arizona State Board of Regents policies. Those say that any action that might threaten the university community is subject to disciplinary action, no matter where it takes place. Individual schools have their own policies as well, though. Arizona State, for example, holds students accountable for all aspects of the conduct policy, both on and off campus.
Generally speaking, though, here are the most likely cases in which your school will claim jurisdiction.
Connection to School-Sponsored Activities
Your university almost certainly considers any place where a school-sponsored activity takes place to be an extension of the campus. Sporting events, conferences, Greek activities—it doesn't matter where these happen. Your school likely has jurisdiction over your behavior while they're happening.
Connection to School-related Activities
Many schools go further than talking about “school-sponsored” events. Any incident that occurs in relation to a “school-related” activity is subject to disciplinary action. It doesn't matter that your chemistry study group meets at the local coffee shop rather than in the library. Your university could still investigate accusations of misconduct related to your activities.
Academic Misconduct Off-Campus
All of your academic work is considered to be part of your campus activities by default. Get caught cheating or plagiarizing, and you'll always face consequences.
Violation of State or Federal Laws
As we mentioned earlier, this one is included in virtually every school's Code of Conduct. Universities expect you to follow all laws. Convictions almost always lead to dismissal but don't forget that you don't have to be convicted to be accused of a crime, and most school policies—like the one at the University of Arizona—promise sanctions for committing crimes, not just being convicted of them.
Online Misconduct
Many students think of “online” as “off-campus.” It's only virtual, right? Just like other kinds of off-campus behaviors, though, online behaviors can result in sanctions. That's certainly true if you're posting in a course or other school forums, but at most colleges and universities, any form of online misconduct is fair game.
Sexual Harassment, Assault, or Discrimination
Sexual misconduct is among the most serious accusations any college student can face. In fact, there are federal laws governing how universities should respond to such accusations. At present, Title IX limits schools to investigating incidents that occur on campus. However, most schools have their own policies for investigating off-campus allegations.
Affiliation with University-Recognized Organizations
Keep in mind that organizations or groups connected to the university are subject to university policies. That includes Greek organizations. If your fraternity or sorority is caught violating the rules, it won't help you to argue that you weren't on campus at the time.
Honor Code/Moral Code Violations
This isn't usually an issue at public schools, but many private schools, especially those with religious affiliations, include honor pledges or moral clauses in their conduct codes. Every school is different, but codes can bar students from drinking, for instance, even if they're of age or from having sex outside marriage. These kinds of rules invariably apply to off-campus activities just as much as to on-campus activities.
Threats to Health and Safety
Almost universally, schools will claim jurisdictional authority if your actions represent a threat to the community's health and safety. If you're dealing drugs in your apartment and dealing them to other students, you are a threat. Likewise, if you are making threats against individuals or the campus as a whole, you can expect your school to take action.
Threats to University Reputation
Finally, schools can be very protective of their reputations. That means you don't have to break the law or pose a danger to others to wind up in trouble over your off-campus conduct. In fact, your misconduct doesn't even have to be all that serious. Wind up on a spring break compilation video wearing your school colors and doing something unseemly, and your university might claim that you are giving your school a bad name. That's grounds for sanctions.
Possible Disciplinary Actions for Off-Campus Misconduct in California
Disciplinary action for off-campus incidents is roughly the same as for on-campus incidents. If you're found Responsible for (guilty of) violating school policy, you'll face sanctions.
Again, every school is different, but most schools impose the same basic set of punishments. These include
- Verbal or Written Warnings: A warning may sound like no big deal, but if any official reprimand should show up on your transcript, it can lead to much bigger problems.
- Educational Programs: Your school can ask you to complete an online training module, attend a workshop or seminar, or take an entire course to demonstrate you understand the nature of your offense.
- Restitution: Sanctions sometimes involve a monetary component. If you've damaged school property, for example, or caused another student to need medical attention, you will likely be asked to pay compensatory damages.
- Probation: Again, probation may sound like a light sentence. However, it means that any future misconduct, no matter how small, can result in far more serious consequences.
- Loss of Privileges: Depending on the nature of your offense, your school could suspend your campus privileges. You might, for instance, be barred from parking on campus, from eating in the dining halls, or from using the student rec center.
- Other Restrictions: If another student or a university organization was involved, your school could issue other types of restrictions, such as restrictions on who you can associate with and where you can go on campus.
- Suspension: This means complete separation from the university, usually for at least a semester, but more often for a year or more. During this time, you'll not just be denied registration and access to university resources, but you may be prohibited from visiting campus at all. Many schools also prohibit students from taking courses at other schools while on probation, which can represent a serious interruption in your studies.
- Expulsion: Your school can always decide to dismiss you entirely. Keep in mind that expulsion almost always includes a transcript notation about the nature of the offense. That can make it difficult, if not impossible, to find another school to accept you.
- Withholding of Degree: If you should be caught committing an offense at the end of your academic career, your school may very well decide to withhold your degree until you have been adjudicated and fulfilled the terms of any imposed sanctions.
- Revocation of Degree: Finally, you can also be punished after you've graduated. Colleges and universities have the power to revoke degrees if they discover you committed some violation while you were a student who wasn't caught at the time.
It cannot be said strongly enough: any sanction—even a warning—can have long-term consequences, especially if it should be noted on your transcript.
Your past mistakes can interfere with graduate school applications; they can work against you in professional license applications; they can keep you from getting a job. You cannot afford to take any allegation lightly, even if you know absolutely that you are innocent. Campus investigations and hearings aren't like those in the criminal justice system. The standard of guilt is different; the decision-makers are untrained and often driven by personal agendas.
How do you take the situation seriously? You contact the Lento Law Firm.
The Lento Law Firm: Your Arizona Student Defense Team
The Lento Law Firm understands the stakes when it comes to education. Your career prospects, your financial independence, your reputation—all depend on your education. Any time that's threatened, you must act quickly and decisively to protect yourself. We can help.
We know the law. We know your rights and what your school is and isn't allowed to expect from you. We also know how your school operates. We're used to working with campus disciplinary committees. We know all the rules and procedures you'll face and how to use them to your best advantage.
If you've found yourself accused of some type of off-campus misconduct, don't wait to see what might happen. The school's already building its case. You should be too. Contact the Lento Law Firm today at 888-535-3686 or use our automated online form.
