On the surface, it doesn't make sense that a Georgia college or university could suspend or expel a student for something that happened off-campus. After all...it happened off-campus. But to your surprise and dismay, you've gotten notice from your school that they are investigating you for an off-campus "incident" that violated the Student Code of Conduct--and there's a strong possibility that the school will take disciplinary action against you.
In your mind, perhaps it was a one-time situation that went wrong. Maybe it was a night out with friends to blow off some steam that ended in a police station. Maybe you blacked out at a bar or a frat party, and now someone's alleging that you assaulted them. Or maybe someone has just falsely accused you out of spite. Whatever the case, you never imagined that an off-campus incident could potentially derail everything you've worked for academically. But here you are.
This happens more often than you think. It's common policy for many colleges and universities (including schools in Georgia) to claim jurisdiction over off-campus misconduct. Sometimes, the enforceability of these rules can be murky at best--and yet, if students and parents are not fully aware of their rights in these situations, it could result in lasting damage to a student's academic career that could otherwise have been averted.
Fortunately, consulting an experienced education attorney at the first sign of trouble can significantly improve your chances of navigating this situation to a fair resolution that protects your future. If you're a student in Georgia threatened with disciplinary action from your college or university, or if you're a parent of a student facing trouble, the Student Defense Team at the Lento Law Firm is here to help you. Our team has extensive experience across the country in assisting students and their parents in addressing and resolving such disputes, and we'll strive to ensure your rights are safeguarded while helping to negotiate a favorable outcome. Reach out to the Lento Law Firm at 888-535-3686, or reach out online today for a consultation.
Can My College Really Punish Me for an Off-Campus Incident?
In certain instances, they can. Unbeknownst to many students and their parents, many Georgia colleges and universities have written policies that assert their authority to discipline certain off-campus actions that affect the school. Each institution has its unique criteria to determine whether it has jurisdiction, and sometimes, the legality of a policy can be contested if it seems blatantly unfair. Generally speaking, as long as these provisions are documented (typically in the school's Student Code of Conduct), it's presumed that you agree to these policies upon enrolling as a student. If you're suspected of violating these rules—whether on or off campus—the institution may initiate disciplinary actions against you.
That being said, the idea of a school having authority over an off-campus incident can be ambiguous, and it leaves the door wide open to debate. Legal intervention might occasionally be necessary if a student's rights have been infringed upon, but schools generally prefer to avoid such outcomes. In such cases, skillful negotiation can go a long way toward averting damaging disciplinary action from the school.
The Student Defense Team at Lento Law Firm has a demonstrated success record in helping students accused of misconduct, both on and off campus. We're well-versed in the intricacies of school regulations, student rights, and due process procedures within Georgia institutions, and we're skilled both in helping students navigate the disciplinary process and negotiating directly with schools and their legal departments when appropriate.
Understanding Disciplinary Action for Off-Campus Misbehavior by Georgia Schools
There's no standardized protocol that colleges and universities follow to exercise authority over alleged off-campus misbehavior, which adds to the confusion for students. Each institution creates its own policies in this area, with wording varying from specific to vague. And even when enforcing documented policies, many schools still decide on a case-by-case basis whether to exercise jurisdiction over an off-campus incident.
Generally speaking, Georgia colleges and universities tend to address off-campus student conduct in broad terms, leaving plenty of room for interpretation of when and where they can assert authority. For example, Georgia State University's Code of Conduct asserts jurisdiction on campus property, at off-campus school-sponsored events and programs (including internationally), and conduct "that otherwise violates the institution's student conduct policies, regardless as to where such conduct occurs."
Meanwhile, Clayton State University in Morrow, GA, contains wording in its Student Code of Conduct that gives the school authority over off-campus conduct "when relevant to any lawful mission, process, or function of the institution" (without defining what constitutes "relevant," of course). Oglethorpe University in Atlanta claims disciplinary authority "at off-campus locations where the alleged misconduct is significant enough to impact the well-being of the University and/or its students."
How Colleges and Universities Decide Jurisdiction over Off-Campus Misconduct
Again, many colleges and universities determine on a case-by-case basis whether to impose disciplinary actions against alleged off-campus misconduct. The criteria they use differs widely from school to school, but let's look at just a few of the more common factors these schools may consider.
Connection with School-Sanctioned Activities
Universities frequently claim authority over off-campus incidents if they have a direct or indirect connection to an activity or event sponsored by the school. This could include study abroad programs, internships, research projects, or field trips. For example, if a student is accused of wrongdoing during a study abroad program, the university may deem the offense within its jurisdiction.
Criminal Activity
If a student's off-campus behavior breaches local, state, or federal laws, the college or university may opt to administer disciplinary action, irrespective of whether formal criminal charges are filed. This is particularly applicable if the conduct damages the institution's reputation or disrupts its educational environment.
Academic Misconduct
Educational institutions often claim authority over academic misconduct that occurs off-campus, including instances of plagiarism or cheating. This jurisdiction can also extend to academic misconduct perpetrated by off-campus study groups or team projects.
Online Misconduct
In this digital age, a university may claim jurisdiction over student behaviors online if they involve cyberbullying, threats, harassment, or other forms of misconduct that impact the campus community. This can also apply to instances of cheating using online resources.
Misbehavior During University-Authorized Events
Colleges typically assume jurisdiction over off-campus incidents that transpire during school-authorized events. This includes any situation where school equipment is utilized or when the event falls under the institution's purview, such as a conference, athletic event, or social gathering.
Association with University-Recognized Organizations
If a student's alleged off-campus misbehavior occurs during activities linked to university-recognized entities (like fraternities, sororities, sports teams, or other student organizations), the university may decide to assert jurisdiction and administer disciplinary actions.
Sexual Harassment, Assault, or Discrimination
Since Title IX is a federal law that specifically applies to schools receiving federal funding, Title IX violations are typically limited to incidents on campus. However, many schools have their own separate policies regarding student sexual misconduct, and they may choose to assert jurisdiction in cases of alleged off-campus sexual harassment or assault, especially if both the alleged perpetrator and victim are students.
Breach of Honor Code
If a school implements an Honor Code where students must commit to upholding certain ethical values (a practice common in religious or faith-based schools), the school is likely to assert jurisdiction if a student breaches that code, regardless of whether it happens on or off campus.
Risks to the Health and Safety of the Campus Community
If a student's alleged off-campus behavior poses a direct or indirect risk to the well-being and safety of others within the university community, the school may decide to intervene. Examples could include drug trafficking, possession of dangerous weapons, or violent acts.
Damage to School Reputation
When a student's off-campus behavior significantly undermines the university's reputation, the institution may opt to initiate disciplinary action. This is particularly relevant if the behavior involves public figures, business or corporate partners, politicians, or other significant stakeholders.
Possible Consequences of Off-Campus Misconduct in Georgia Schools
If your college or university determines that your off-campus behavior falls under their purview, the established disciplinary procedures will likely be applied as if the infraction took place on campus. The process may include an investigation, collection of witness statements, and formal or informal hearings. If the school concludes, based on a preponderance of the evidence, that misconduct has occurred, the college or university may impose one or more of the following disciplinary actions:
- Probation: A predetermined period during which any further violations could jeopardize your future at the school.
- Loss of Privileges: You might be prohibited from participating in certain activities or using specific facilities, or you may forfeit other privileges like parking permits or the opportunity to represent the university in any official capacity.
- Restitution: You might be obligated to make amends for loss, damage, or injury, either through appropriate service or fines.
- Educational Programs: You might be required to partake in educational programs relevant to the offense committed, such as workshops or online lessons.
- Suspension: You may be temporarily excluded from the university for a set period, during which attendance at classes or university-related events is prohibited.
- Expulsion: You may be permanently separated from the school, potentially resulting in a loss of all academic progress to date.
- Revoking Your Degree: In extreme cases, the school may revoke any degrees you may have already earned.
Long-Term Implications of School Disciplinary Actions
If you are disciplined by your school for off-campus behavior, the repercussions can extend far beyond the immediate situation. These potential repercussions may include, but are not limited to:
- Obstacles to Academic Progress: Suspension or expulsion could disrupt or terminate your academic progress, making it harder to finish your degree. Expulsion could also hinder your attempts to gain admission to another institution to finish your studies.
- Financial Aid Eligibility: Certain disciplinary actions can render you ineligible for specific types of financial aid, including loans, grants, and scholarships.
- Graduate School Admissions: Many postgraduate programs mandate applicants to disclose any disciplinary actions during the application process. Such an action could negatively affect your application.
- Transcript Annotations: Disciplinary actions might result in negative marks on your academic record, potentially visible to prospective employers or postgraduate programs.
- Professional Licensing: If you're pursuing a profession that requires licensing (such as architecture, medicine, or engineering), a disciplinary record could impact your eligibility for such licenses.
Assistance from the Lento Law Firm Team
In student disciplinary proceedings, innocence is not presumed, and the evidence threshold for a guilty verdict is relatively low. While you can certainly navigate these issues on your own, there's a much higher likelihood of an unfavorable outcome if you do so--not to mention the school could be overreaching its legal authority without your knowledge. Engaging an experienced education attorney early in the process offers your best chance for exoneration and/or leniency. Here's how the Lento Law Firm's Student Defense Team can assist:
- Assess the charges against you and provide advice on the most effective defense strategy for your situation;
- Gather evidence and secure witnesses to bolster your defense;
- Negotiate with the institution and/or their legal representatives to reach the most beneficial resolution;
- Help you prepare for your disciplinary hearing and review your arguments; and
- In exceptional cases, initiate litigation against the institution (if the institution is clearly transgressing its legal limits).
If you're a Georgia student facing disciplinary action—or if you're a parent of such a student—know that 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.
