As a committed student at an Arkansas university or college, you never imagined finding yourself entangled in complications. Yet now, you're caught in an unexpected situation that poses a real risk to your academic progression. Your school has notified you that you're being investigated for some form of misconduct and that you face possible suspension or even expulsion from the school. What's most perplexing is that the incident in question didn't happen anywhere near the campus.
It could have begun quite innocuously--perhaps a night out with friends that ultimately went awry. Maybe it was a drunken act of vandalism or an ill-advised social media post. Or, you could even be dealing with baseless accusations. Regardless of the specifics, you believed that the incident was over until you received the communication from the school about a looming threat of suspension or expulsion. You're left confused, asking yourself: Why does the school care what I do off campus? Do they even have authority here?
Contrary to how improbable this scenario appears, both public and private higher educational establishments throughout Arkansas often claim jurisdiction over off-campus violations of their policies. If you're a student grappling with such allegations—or a parent of a student implicated—it's crucial not to underestimate the associated risks. If the institution chooses to enforce disciplinary measures, it could disrupt your education and put your future career at risk. Fortunately, the timely assistance of an experienced education law attorney can improve your prospects and possibly keep your education on track. The Student Defense Team at the Lento Law Firm has a comprehensive record of success in assisting students and parents navigate intricate disciplinary matters, both in Arkansas and across the nation. Call the Lento Law Firm today at 888-535-3686 or utilize our online form to schedule a consultation.
Does the School Have the Right to Discipline Me for an Off-Campus Incident?
The answer here is not cut-and-dried, and the legalities may be dubious at best. What we can say is that many schools claim to have at least some authority over what their students do off-campus. If you look at your school's Student Handbook or Code of Conduct, you might find clauses that extend the institution's jurisdiction to certain off-campus behaviors associated with the school. These policies can differ from one institution to another, and there may even be instances where a school's policy could be legally challenged. Generally, though, as long as these policies are documented somewhere and made available to students, the school presumes that you accept these policies once you enroll as a student--and if you violate those policies, even off-campus, the school may presume to have the authority to initiate disciplinary proceedings against you.
However, it must be noted that the enforcement of off-campus misconduct frequently falls into a legal gray zone, regardless of how vague or explicit their policies might be. Furthermore, since institutions choose to apply these rules on a "case-by-case basis," it opens up the possibility for biased practices where some students may receive more leniency than others for identical violations. At times, legal intervention becomes necessary when a school genuinely infringes on a student's rights; nonetheless, most disagreements over disciplinary actions can be resolved through adept negotiation since colleges and universities generally prefer to sidestep litigation.
The challenge is that many students and parents lack a comprehensive understanding of their legal rights (or the school's legal limitations), which often leads to a student's rights being violated by unjust and/or illegal actions that can severely impact their academic prospects. The Student Defense Team at the Lento Law Firm is well-versed in the intricacies of college/university regulations, student rights, and due process procedures in Arkansas, and we can leverage this experience to help you negotiate for a more favorable resolution to the allegations against you.
How Arkansas Colleges and Universities Discipline Off-Campus Misconduct
The methods by which colleges and universities evaluate off-campus misconduct and decide on disciplinary actions often lack uniformity, leaving students unsure about where the lines are drawn. Some school policies are written out clearly and specifically, while others are vague and leave plenty of room for broad interpretation regarding a school's authority.
Take, for example, the University of Arkansas in Fayetteville, whose Code of Student Life clearly states that the school claims jurisdiction over "off-campus behavior that may have an impact on the mission of the University, or that may have an impact on the health, safety or welfare of any individuals involved..."
Similarly, the University of Central Arkansas includes the following language in its Standards of Student Conduct: "The university reserves the right to take necessary and appropriate action for on- or off-campus behaviors, to protect the safety and well-being of the campus community."
The language regarding off-campus jurisdiction at Arkansas State University gives the school even broader authority: "The university has jurisdiction over any student or student organization alleged to have violated the Standards of Student Conduct on campus or off campus."
Determining Factors for Disciplinary Actions for Off-Campus Conduct
Each college and university in Arkansas has a distinct approach to handling off-campus infringements, but some common elements generally influence the decision-making process regarding disciplinary measures. These include, but are not necessarily limited to, the following.
Connection with School-Endorsed Activities
Higher education institutions often extend their jurisdiction to alleged misconduct that directly or indirectly relates to an event or program sanctioned by the school. This can encompass a range of activities like study abroad programs, internships, research endeavors, or study trips.
Connection with University-Recognized Organizations
Should an alleged off-campus violation take place during your participation in activities with university-acknowledged groups (such as athletic teams, fraternities, or sororities), the university may deem it necessary to impose disciplinary action.
Digital Misconduct
Colleges and universities typically claim authority over students' online behavior, encompassing social media, texts, or other digital platforms. Offenses warranting punishment may include cyberbullying, hate speech, threats, harassment, or any other misconduct that negatively impacts the campus community.
Academic Dishonesty
Instances of academic misconduct, such as plagiarism or cheating, usually fall under the purview of the school regardless of where the violation occurred. This includes instances of academic misconduct during off-campus study sessions or collaborative projects.
Criminal Acts
If you are involved in a criminal incident off-campus, the college or university may choose to enforce disciplinary measures, irrespective of whether criminal charges are filed against you.
Sexual Misconduct, Harassment, or Assault
The majority of sexual misconduct cases at schools are regulated by Title IX, a federal law applicable to all schools receiving federal funds. While Title IX primarily addresses on-campus incidents, many schools have additional policies in place addressing student sexual misconduct. In certain situations, the school may decide to take action independently of Title IX, especially if the incident occurred off-campus and involved two students.
Potential Harm to School Reputation
If your off-campus actions risk causing significant harm to the reputation of the college or university, the school may choose to enforce disciplinary measures as a means of damage control.
Violation of Honor Code
Certain schools require students to abide by an Honor Code, pledging to uphold specific moral or ethical standards both on and off campus. (This is common in faith-based schools but also occurs in many medical schools, as well, for example.) If a student's off-campus behavior breaches these standards, the school may consider enforcing disciplinary actions.
Risk to the Wellbeing of the Campus Community
If your alleged off-campus conduct poses a direct or indirect risk to the health and safety of members of the university community, the school may see it necessary to intervene.
Possible Penalties for Off-Campus Misconduct
If your Arkansas college or university believes your off-campus actions are within the scope of their jurisdiction, the school is likely to adhere to the same disciplinary procedures as they would for on-campus violations. This process generally encompasses an investigation, interviews with witnesses, and formal or informal hearings. If the school finds you are in violation of their policies based on the preponderance of the evidence, you may face one or more of the following disciplinary actions:
- Probation: A defined period during which your conduct is closely monitored, with any subsequent infractions potentially leading to expulsion.
- Loss of Privileges: You may be denied participation in certain activities or access to specific campus facilities.
- Financial Penalties/Restitution: You might be obligated to cover any losses, damages, or injuries resulting from your actions, or the school may impose a fine.
- Suspension: You could experience a temporary removal from the school, during which you're prohibited from attending classes or university-related events.
- Expulsion: This signifies an irreversible dismissal from the college or university.
- Revocation of Degree: In severe cases, a degree already conferred by the school could be revoked.
Extended Impact of Disciplinary Actions by an Arkansas College or University
The ramifications of disciplinary action for student misconduct can reach far beyond the immediate circumstances. If your school decides to enforce disciplinary measures against you, even for something that happened off-campus, it could have enduring implications for your future. Potential consequences include:
Disrupted Academic Progress: A suspension can impede your academic advancement, affecting your grades or progression in your degree program. Expulsion could completely disrupt your degree program, and since getting expelled from one school could affect your acceptance at another, it may be difficult or impossible to complete your degree.
Difficulty with Graduate/Postgraduate Admissions: Many graduate programs require applicants to disclose any disciplinary actions taken against them. Doing so could adversely impact your application to one of these programs.
Financial Aid Eligibility: Certain disciplinary actions could negatively impact your eligibility for financial aid, including loans, grants, and scholarships.
Negative Transcript Annotations: Some disciplinary measures might result in adverse notations on your academic transcript, which may be seen by potential employers or graduate programs.
Professional Licensing Difficulties: If you're aiming for a profession that requires professional licensing (such as law, medicine, or engineering), a disciplinary record could impact your ability to secure such licenses.
How the Lento Law Firm's Student Defense Team Can Assist You
As an Arkansas student, facing allegations of misconduct can put you in a challenging position within your college or university's disciplinary process. The presumption of innocence, often associated with the criminal justice system, is not a given right in many educational institutions. Instead, schools can enforce disciplinary actions based on a "preponderance of the evidence" standard rather than requiring proof of guilt "beyond a reasonable doubt." As such, any allegations brought by your school can jeopardize your academic trajectory, even if you're innocent. Trying to confront these charges on your own can actually increase the chances of a negative outcome. However, hiring an experienced education attorney early in the process can considerably enhance your chances of obtaining a favorable resolution. Here's how the Student Defense Team at Lento Law Firm can support you:
Assessment of Charges: Our team thoroughly scrutinizes the charges laid against you to craft the most effective defense strategy suited to your unique circumstances.
Compilation of Evidence: We amass relevant evidence and pinpoint potential witnesses to bolster your defense.
Negotiating for a Beneficial Outcome: Our team is skilled in guiding you through nuanced negotiations with your school and/or its legal counsel to secure the best possible resolution for your case—and we can even negotiate on your behalf where allowed.
Preparation for Disciplinary Hearings: We will guide you through the preparation process for your disciplinary hearing and refine your arguments.
Exploring Legal Recourse: In the rare occurrence that the school seems to be blatantly crossing its legal boundaries and refuses to resolve the complaint amicably, we can evaluate options for pursuing legal action against the school.
Your college education represents a significant investment of time, effort, and financial resources. To have that education unjustly disrupted due to an off-campus incident could constitute a breach of your rights. If you're an Arkansas college or university student facing disciplinary action, or a parent of such a student, the Student Defense Team at the Lento Law Firm knows how to protect your rights and work towards the most favorable outcome achievable. Reach out to us today at 888-535-3686 or via our online form to arrange a consultation.
