You never thought this could happen to you. As a diligent student at a Hawaiian college or university, you've poured substantial effort, time, and money into pursuing your degree, and you've worked hard on maintaining your academic record. Now, you've been notified that you're facing an inquiry from school authorities over alleged misconduct--which did not even occur on campus. Now, that alleged misstep is threatening to derail all you worked for. The most confusing thing is that you don't know whether the school actually has the authority to expel you over something that occurred nowhere near the school.
This mishap could have been nearly anything--an overzealous celebration with friends, an ill-considered social media comment posted during a high-stress moment, or simply being at the wrong place at the wrong time. However, the consequence is that your school now alleges this off-campus incident violated its rules, and the consequence may be suspension or expulsion. While it may appear improbable, this scenario is not uncommon among college students. Many schools assert their authority over off-campus student behavior for various reasons and retain the right to enforce disciplinary measures against such actions. The legality of these claims can often be dubious, but numerous students (and their parents) are sadly uninformed about their rights. Without intervention, the damage to your academic progress could be disastrous.
Fortunately, you're not without options. With the guidance of a seasoned education attorney, you have a much better chance of getting through this situation with your future unscathed. The Student Defense Team at the Lento Law Firm has a proven nationwide track record of successfully assisting students in resolving disciplinary conflicts with their schools. Reach out to the Lento Law Firm at 888-535-3686 to arrange a consultation or connect with us via our online form.
Can Your School Impose Discipline for Off-Campus Events?
Contrary to popular belief, the jurisdiction of many colleges and universities doesn't necessarily end at the edge of campus. Many schools extend their presumed authority to off-campus actions they deem to bear relevance to the institution. These policies are normally outlined in a Student Handbook or Code of Conduct, stipulating acceptable student behavior both within and outside the school grounds. In certain instances, it unequivocally states that the code oversees all student activities, regardless of location. Alternatively, it may detail specific circumstances under which the code is applicable, or it might be a vague statement that allows school authorities to decide whether an off-campus incident falls within their purview on a case-by-case basis.
Is this legal? It depends. However, the school operates on the assumption that as long as their policies are stated in the Code of Conduct, you're agreeing to these policies when you enroll as a student. That being said, the question of how much authority a school has over off-campus conduct is still hotly debated, and by enforcing these policies, the school may infringe on the student's rights if they are not on firm legal ground. While litigation is necessary in some rare instances, most schools prefer resolving these types of disputes through skilled negotiation to sidestep legal entanglements. The Student Defense Team at the Lento Law Firm has a wealth of experience in defending students accused of misconduct, both on-campus and off. We're well-versed in the complexities of the law concerning school jurisdiction, and we not only help you comprehend your rights and the school's limitations but also strive to obtain a resolution that helps your future rather than harms it.
The Scope of Off-Campus Disciplinary Rules in Hawaiian Colleges and Universities
There's no standardized measure among Hawaii schools for determining their policies on off-campus misbehavior. Some schools limit their off-campus jurisdiction to specific types of incidents, while others impose their authority more broadly. However, most retain the prerogative to make decisions about disciplining off-campus infractions on a case-by-case basis--which in itself can lend itself to unfair discriminatory practices if not closely monitored.
In Hawaii, the scope of authority claimed by colleges and universities ranges from strictly on-campus to broadly applying to all students regardless of location. Some specific examples:
- The system-wide Student Conduct Code for all campuses within the University of Hawaii specifically states that the schools' authority extends to "all locations of UH, including any affiliated residence hall." However, UH Manoa extends its policies to apply to "off-campus conduct that affects the UH Community and/or the pursuit of its objectives."
- In its Student Handbook, Hawaii Pacific University reserves the right to impose jurisdiction over misconduct unconnected with the university "if, in the judgment of the university, the violation adversely impacts the university community or its educational interests and objectives."
- While Brigham Young University-Hawaii doesn't explicitly state the realm of its authority, it defines "disruptive student conduct" as "conduct that significantly interferes with the educational process, the educational environment (including housing), or the administrative functions of the university" (without referencing where that conduct might occur) and implies the right to discipline it.
Determinants of Disciplinary Actions for Off-Campus Incidents
Whether their policies are specifically or vaguely stated, higher education institutions in Hawaii typically consider several factors when deliberating whether and how to address off-campus incidents. Here are some of the most commonly evaluated factors:
Association with University-Approved Activities, Events, and Programs
Universities may claim authority over off-campus misconduct directly or indirectly linked to activities or academic pursuits sanctioned by the institution. This could include study trips, recruitment drives, off-campus research, study abroad programs, sports events, and social functions, among others.
Academic Dishonesty
Most schools maintain the right to sanction students for academic violations such as cheating or plagiarism, irrespective of the location of these transgressions (e.g., off-campus residences, cafes, or online platforms).
Criminal Behavior
If a student engages in criminal activity on or off campus, the university may opt for an investigation and impose disciplinary action according to its own policies, regardless of whether the student faces criminal charges or not.
Online Misconduct
Colleges and universities routinely claim jurisdiction these days over a student's online behavior, especially if it involves acts like cyberbullying, threats, harassment, hate speech, or other actions that breach the school's Code of Conduct.
Sexual Harassment or Assault
All federally funded institutions must adhere to Title IX rules pertaining to disciplining sexual harassment, assault, or discrimination. While Title IX generally covers only on-campus incidents, many schools have separate internal policies regarding student sexual misconduct. In certain instances of alleged off-campus sexual assault or harassment, the university may decide to intervene, particularly if both the victim and the accused are students.
Affiliation with University-Recognized Organizations
If the alleged off-campus misconduct is associated with a university-recognized organization (e.g., fraternities, sororities, or sports teams), the school may assert its jurisdiction and enforce disciplinary measures.
Violation of Honor Code
Some schools require students to sign an Honor Code promising to uphold specific behavior standards both on and off-campus (for instance, religious schools may require students to commit to refraining from premarital sex or alcohol consumption while enrolled). If a student's conduct violates these standards, the school may assert the right to enforce disciplinary measures regardless of whether it occurred.
Potential Hazards to Community Health and Safety
If a student's off-campus actions pose a direct or indirect risk to the health and safety of other students or members of the school community, the college or university may choose to intervene with disciplinary measures.
Possible Damage to School Reputation
If a student's off-campus behavior could potentially tarnish the image of the university, the institution may decide to initiate disciplinary procedures as a means of damage control.
Possible Disciplinary Consequences Stemming from Off-Campus Incidents
If your Hawaii college or university concludes that your off-campus behavior falls within their scope of authority, they will likely initiate disciplinary procedures akin to those for on-campus violations. These protocols typically include an investigation, witness testimonies, and informal and/or formal hearings. School authorities then usually decide your guilt or innocence based on a preponderance of the evidence. If your off-campus behavior is deemed a violation, the school might impose one or more of the following penalties:
- Probation Period: This is a specified timeframe of increased scrutiny, during which any additional contraventions of school policies could escalate to suspension or expulsion.
- Fines/Restitution: You may be mandated to pay a financial penalty or reimburse for any loss, damage, or harm caused by your actions.
- Revocation of Campus Privileges: You may be barred from partaking in certain activities or accessing specific school facilities or services.
- Suspension: You could be temporarily prohibited from attending classes or university-related activities.
- Expulsion: You might face permanent dismissal from the college or university, potentially negating your academic achievements thus far.
- Withholding or Repeal of Your Degree: In cases of exceptionally severe misconduct, the school may choose to withhold or rescind any degrees you've previously attained.
Long-Term Ramifications of Disciplinary Measures
If the school proceeds unopposed with disciplinary actions against you for an off-campus violation, you should prepare for a variety of repercussions that can last far beyond the incident itself. These might include, but are not limited to:
Disruption/Loss of Academic Progress: Suspension or expulsion can interrupt or even terminate your academic journey, hindering your pursuit of your degree.
Adverse Annotations: Disciplinary measures could result in negative notations on your academic transcript, potentially casting a negative light on potential employers or other academic programs.
Challenges with Graduate School Admissions: Numerous graduate programs require applicants to disclose any disciplinary actions against them. This could adversely affect your chances of being accepted into these programs.
Financial Aid Eligibility: Certain disciplinary measures could render you ineligible for certain types of financial aid, including loans, grants, and scholarships.
Onus of Student Debt: In the event of expulsion, you'll still be required to repay any student loans you incurred for school--without the benefit of your degree to help you secure gainful employment.
Obstacles in Professional Licensing: If your chosen career necessitates professional licensing (such as law, medicine, or architecture), a disciplinary record could potentially impact your ability to obtain these licenses.
How We Can Help
Facing allegations of off-campus misconduct from your Hawaiian college or university can be a daunting experience because the scales may be tipped against you from the start. University disciplinary procedures don't always uphold the principle of assumed innocence, and it's not uncommon for students to be found guilty based on a low burden of proof. Furthermore, when schools impose disciplinary measures for incidents occurring off campus, they may be violating your legal rights without your knowledge.
Given all that's at stake for your future, it's unwise to face these allegations on your own. Hiring an experienced education attorney provides you with the best opportunity to resolve the issue favorably and safeguard your academic prospects. The Student Defense Team at the Lento Law Firm boasts an exemplary record of successfully resolving student disciplinary matters in colleges and universities across Hawaii and nationwide. Here's how we can help you:
- We undertake a thorough assessment of the accusations levied against you and offer guidance on the most effective defense strategy (even if you're disallowed legal representation during your hearing).
- We collect evidence and secure witnesses to bolster your defense.
- We counsel you in negotiating with the school and/or their legal counsel to secure the most beneficial outcome (or negotiate on your behalf, if permitted).
- We help you prepare for any hearings you may need to attend.
- In exceptional circumstances, where the school seems to be blatantly flouting legal boundaries, we'll help you explore litigation options.
Don't let a regrettable off-campus incident imperil your academic ambitions. If you're a college or university student in Hawaii confronted with potential disciplinary consequences for an off-campus occurrence, the Student Defense Team at the Lento Law Firm stands ready to defend your rights and your future. Contact us at 888-535-3686 or complete our online form.
