When you enrolled in college or university in Florida, you never thought you'd find yourself in this situation. You've been, to your mind, a model student--studying hard and keeping your nose clean. But now you're being investigated by the school over an alleged incident that occurred, not on campus, but off-campus. And to your dismay, the school is reserving the right to suspend or expel you from school over it.
This investigation could have been triggered by any number of things--a night out with friends that got a little out of hand, a barroom fight, an ill-advised social media post. Maybe you regret whatever happened--or maybe nothing happened at all, but it's just a misunderstanding. Whatever it was, it happened off campus, so you can't understand why the school has anything to do with it.
If you're surprised at this situation, you're not alone. Millions of students and their parents don't realize that the Student Codes of Conduct at many colleges and universities claim to have jurisdiction over certain incidents that happen off-campus. If you find yourself in this predicament, know that the threat to your academic future is real. Without the assistance of an experienced education attorney, you could face unfair consequences that have a dire impact on your future career.
Fortunately, you don't have to deal with this situation by yourself. The Student Defense Team at the Lento Law Firm has extensive experience in aiding students across the country who face possible disciplinary action from their schools. If you're a Florida college student in trouble over alleged off-campus misconduct, our team can act quickly to help resolve the dispute while ensuring your rights are safeguarded. Reach out to the Lento Law Firm at 888-535-3686 or online today to schedule a consultation.
Can My School Discipline Me for Something That Happened Off Campus Grounds?
In many cases, yes they can. Numerous Florida colleges and universities have instituted written policies claiming the right to enforce disciplinary actions for off-campus activities that affect the institution. Each school has its unique criteria for deciding how far its authority will reach, and sometimes, the legality of a policy can even be contested if it seems excessively unfair. As a rule, though, as long as these provisions are in writing (typically in the Student Code of Conduct), it's presumed that you agree to these policies when you enroll as a student. Thus, if you're suspected of violating these rules—whether on or off campus—the school may commence disciplinary procedures.
Nonetheless, the extent of authority a school can exert over an off-campus incident remains a contentious issue. Legal intervention may be occasionally necessary if a student's rights are being violated in the process of imposing discipline. However, because schools generally prefer to avoid legal entanglements, skilled negotiation can often deter or mitigate severe disciplinary actions from happening.
The Student Defense Team at Lento Law Firm has a demonstrated track record in supporting students accused of misconduct. We are well-versed in the intricacies of school regulations, student rights, and due process procedures within Florida colleges and universities. We excel at guiding students through the disciplinary process and negotiating with educational institutions and their legal departments when required.
The Policies of Florida Colleges and Universities Regarding Off-Campus Misconduct
While there is no standard protocol that colleges and universities follow to enforce authority over alleged off-campus misconduct (each institution writes its own policies in this regard), Florida schools, in general, tend to give themselves broad authority when it comes to exerting jurisdiction off-campus. In fact, the State University System of Florida, in its regulations governing all state schools, has specific language requiring these schools to include in their Student Codes of Conduct "a statement that the code of conduct shall govern student behavior both on and off the university's campus."
Some other specific examples:
The University of Florida states in its regulations that its Code of Conduct and Honor Code may be enforced on any conduct that has an "adverse impact on the health, safety, or welfare of people, property, the University Community, or the pursuit of its objectives, regardless of where such conduct occurs, even if off campus."
In the University of Tampa's Code of Conduct, the school "reserves the right to discipline any student or remove affiliation with any registered student organization whose conduct on or off campus violates the Student Code of Conduct."
Seminole State University claims that its jurisdiction extends to "off-campus conduct that adversely affects the College community and/or the pursuit of its objectives and/or when required by law."
How Colleges and Universities Determine Whether to Impose Discipline for Off-Campus Activities
Despite the broad authority many schools claim to have over off-campus misconduct, the schools still typically decide on a case-by-case basis whether to discipline a student for something that happened off-campus. The criteria for making these decisions differs from school to school, but below are some of the more common factors taken into account.
Association with School-Sponsored Programs
Universities frequently assert jurisdiction over off-campus incidents directly or indirectly related to school-endorsed activities or events--for example, internships, research projects, or educational trips. For instance, if a student is accused of assaulting someone during a school-sponsored study abroad program, the institution may deem the incident within its scope of authority even though the incident occurred overseas.
Criminal Acts
Most higher education institutions retain the right to enforce disciplinary actions if a student commits a crime off-campus. This is applicable even if the student doesn't face formal criminal charges and is particularly pertinent if the incident proves disruptive to the academic community.
Occurrences of Academic Dishonesty
Colleges and universities often extend their jurisdiction to instances of academic dishonesty occurring off-campus, such as cases of plagiarism or cheating. This can also include academic dishonesty committed by off-campus study groups or collaborative projects.
Online Misconduct
A college or university frequently will discipline online behaviors of students, like cyberbullying, threats, harassment, or other forms of misconduct impacting the campus community. (For example, threatening a student via text or posting racially charged videos on social media.)
Misconduct Occurring During School-Endorsed Events
Higher education institutions often claim jurisdiction over off-campus incidents occurring during institution-endorsed events. This includes scenarios involving the use of school equipment or when the event is under the school's direct supervision, such as a social gathering, recruiting event, etc.
Misconduct Related to School-Recognized Organizations
If a student's alleged off-campus misbehavior occurs during activities associated with university-recognized groups (like fraternities, sororities, sports teams, or other student organizations), the school may decide to assert jurisdiction and impose disciplinary actions.
Sexual Harassment, Assault, or Discrimination
Title IX is a federal rule banning gender discrimination and sexual harassment in schools that receive federal funds, so Title IX violations are generally limited to on-campus incidents. However, many schools have separate policies regarding student sexual misconduct, so they may choose to exercise jurisdiction in cases of alleged off-campus sexual harassment or assault, especially if both the accused and the victim are students.
Honor Code Violations
In institutions that have an Honor Code requiring students to adhere to specific moral principles (a practice common in religious or faith-based schools), the school is likely to assert jurisdiction if a student breaches this code, regardless of whether it happens on or off campus.
Damage to School Reputation
When a student's off-campus actions significantly threaten to damage the reputation of the university, the institution may choose to initiate disciplinary proceedings. This is especially relevant if the behavior involves public figures, business or corporate partners, politicians, or other key stakeholders.
Risks to the Campus Community's Health and Safety
If a student's alleged off-campus behavior poses a direct or indirect risk to the safety and welfare of the university community, the school reserves the right to impose discipline. Examples include violent behaviors, drug trafficking, possession of dangerous weapons, etc.
Probable Consequences of Off-Campus Behavior for Students at Florida Colleges and Universities
If your university or college determines that your off-campus behavior should be subject to disciplinary action, you might find yourself facing disciplinary proceedings similar to those for on-campus infractions. The process can include an investigation, interviews with you, your accuser(s), and any relevant witnesses, conducting formal or informal hearings, etc. Should the school conclude, based on a preponderance of evidence, that misconduct occurred, they may implement one or more of the following disciplinary actions:
Probation: A specified timeframe during which any additional violations could jeopardize your status at the school.
Fines and/or Restitution: You might be obligated to make restitution for any loss, damage, or injury through suitable service or monetary penalties.
Revocation of Campus Privileges: You could be disqualified from participating in specific events, accessing certain facilities, or stripped of other privileges.
Supplementary Education: You could be mandated to partake in educational programs pertinent to the offense committed, such as workshops or online courses, as a condition of remaining enrolled.
Suspension: You might face temporary exclusion from the college or university for a stipulated period, during which attending classes or university-related events are prohibited.
Expulsion: You could face permanent expulsion from the institution, potentially resulting in a forfeiture of all academic progress to date.
Degree Revocation: In some cases, the school may revoke any degrees you have already obtained.
Enduring Implications of Disciplinary Actions
The repercussions of school discipline can extend well past the immediate circumstances of being put on probation, suspended, or expelled. They can, in fact, haunt you for years to come. Some possible implications include:
Impediments to Academic Advancement: Suspension or expulsion could interrupt your academic progression, complicating your ability to complete your degree. Expulsion could also hinder your attempts to gain admission to another school to continue your studies.
Financial Aid Eligibility: Certain disciplinary actions can render you ineligible for various types of financial aid, including loans, grants, and scholarships.
Admission to Graduate and Postgraduate Schools: Many graduate programs require you to disclose any disciplinary actions against you that could negatively affect your application.
Transcript Annotations: In some cases (not all), disciplinary actions may result in adverse comments on your academic record, potentially visible to future employers.
Professional Licensing Obstacles: If you're aiming for a profession that requires licensing (such as architecture, nursing, or engineering), a disciplinary record could detrimentally affect your application for these licenses.
The Lento Law Firm Can Help with School Disciplinary Issues in Florida
If you're accused of wrongdoing by a school--whether the incident occurred on or off campus--you should be aware that there is no presumption of innocence, and the school only has to prove your guilt based on a preponderance of the evidence. Facing these allegations alone increases the risk that you'll receive a more severe penalty--not to mention the school might be exceeding its legal authority unbeknownst to you. Hiring a seasoned education attorney early in the process provides the best opportunity to resolve the issue with minimal harm to your academic career. Here's how the Lento Law Firm's Student Defense Team can assist:
Assess the allegations against you and advise you on the most effective defense strategy;
Collect evidence and secure witnesses to reinforce your defense;
Negotiate with the school and/or their legal representatives to attain the most beneficial resolution;
Support you in preparing for your disciplinary hearing and reviewing your arguments; and
In exceptional cases, initiate litigation against the college or university if the school has exceeded its legal authority.
If you're a Florida college or university student facing disciplinary action—or if you're a parent of such a student—know that an allegation of off-campus misconduct does not necessarily have to derail your future. The Lento Law Firm Team is committed to defending your rights and striving to achieve the most favorable resolution possible. Contact us at 888-535-3686 or by using our online form.
