Your Indiana University has strict rules about what you can and can't do on campus. That's fair. Like any other type of community, a campus community needs rules to function effectively.
Should your school be allowed to regulate your behavior off campus, though? When you're back in your hometown, visiting another state, or taking a trip overseas, you're subject to the law, but what right should your college or university have to determine what you can and can't do?
Those are interesting questions, questions even the law hasn't quite figured out completely. How far school jurisdiction can extend beyond campus remains a gray area. Here's the bottom line, though: you can be sure your school will hold you accountable for at least some of your off-campus conduct, and it may hold you accountable for all of it.
So maybe the better question to ask is, what will you do if you wind up charged with an off-campus infraction? That question's a lot easier to answer. Any time your school has accused you of misconduct—whether the allegation has to do with an on-campus or off-campus incident—you need to contact the Lento Law Firm.
The attorneys at the Lento Law Firm are dedicated to the proposition that all students deserve fair treatment and a reasonable opportunity to earn their degrees. They won't let your school bully you. They'll make sure you get all the rights you deserve, and they'll do everything in their power to get you the very best possible resolution to your case.
To find out more about how the Lento Law Firm can help, call 888-535-3686 today or use our automated online form.
Can My College Really Charge Me for Alleged Misconduct That Occurred Off-Campus?
Let's get right to the heart of the matter: your school absolutely will charge you with certain types of off-campus misconduct. Furthermore, it almost certainly has the right to do so, at least in limited circumstances.
Perhaps the most obvious examples involve criminal convictions. Logically, a school should be able to suspend or dismiss a student who has been convicted of assault, even if that assault occurred off campus. Colleges and universities are entrusted with protecting all members of the campus community, and they can't do that if they can't act on a student's criminal record.
Virtually all schools, then, have rules that prohibit violations of the law. For instance, Indiana University's Code of Student Rights, Responsibilities, and Conduct notes that students aren't just responsible for following school policies but also for obeying “all local, state, and federal laws.”
The thing is, IU's code doesn't say the school has the right to discipline students who have been “convicted” of criminal offenses. The word “conviction” never appears in the school's policy. What this suggests is that the university has the power to investigate you for offenses whether or not you've been convicted or even whether or not civil authorities decide to investigate. Many schools' policies read this way. A simple allegation is enough to open a case.
Keep in mind as well that colleges and universities don't have to find you guilty “beyond a reasonable doubt.” Instead, most use a standard known as “preponderance of the evidence.” In simple terms, your school can find you Responsible for (guilty of) an offense if it is more than 50 percent convinced of your guilt. That's a pretty low standard, and it allows colleges and universities to circumvent the criminal justice system when they want to.
In fact, your school may pursue complaints against you even if those complaints have nothing to do with the law. Ball State makes clear, for example, that “The [Conduct] Code applies to all students at Ball State University, regardless of where the incident occurs.” Many of the code's provisions have nothing whatsoever to do with the local, state, or federal laws.
There is some question as to whether such broad jurisdictional claims would hold up to legal scrutiny. However, in enrolling at your university, you made a commitment to abide by school policies. Simply choosing to attend constitutes a kind of contract. In fact, you may actually have been asked to sign a contract when you were admitted. If that contract spells out in concrete terms that you are subject to school rules even when you're off campus, then your school has a strong argument.
This argument doesn't mean you have to simply accept the charges against you or the sanction that your school has proposed. All Indiana schools provide students with important due process rights. You have at least three options for defending yourself.
- You can simply argue your innocence. The standard of evidence at most schools is far lower than it is in a court of law, but your school must still prove you committed an offense to punish you.
- You can dispute the severity of the sanction. Even if you admit that you committed an offense, it doesn't mean you deserve the maximum punishment. You have the right to demand fair sanctions.
- You can argue that the school simply doesn't have jurisdiction over your conduct. This can be an especially effective defense if you've been accused of an off-campus offense.
No matter what defense strategy you take, you don't want to try and battle your school all on your own. Colleges and universities are powerful institutions. Most are large, with complex administrations. Many have their own legal teams. They generally have broad community support. If you're going to take on your school, you need the best help you can find.
The Lento Law Firm was founded to help students defend themselves. The firm's Student Defense Team knows what you're up against, and they want to level the playing field. The law gives you some important rights. Your school's policies give you additional rights. Let the attorneys at the Lento Law Firm show you how to use all those rights to your advantage.
Criteria Used by Indiana Schools to Discipline Off-Campus Behaviors
There are all sorts of schools in Indiana: large and small, public and private, liberal arts-oriented and STEM-focused. All of them have their own policies regarding “jurisdiction,” or how much control they believe they have the right to exert over their students.
So, you'll find different approaches to how they treat off-campus accusations. Valparaiso, for instance, offers a general statement that the university reserves the right to intervene in any incident that “adversely affects the University community and/or the pursuit of its objectives.” Purdue maintains a policy that
It is the right of every student to exercise freely full rights as a citizen. Any student may participate in off-campus activities singly or with any group provided that no claim is made that the student represents the University.
Most schools, though, use a common set of criteria to determine whether or not a given off-campus allegation should be subject to disciplinary action.
Connection to School-Sponsored Activities
School-sponsored activities are essentially always under school jurisdiction, no matter where they may occur.
Connection to School-related Activities
Some schools go further and claim jurisdiction over all “school-related” activities. Keep in mind that as a “student,” all of your activities could conceivably qualify under such policies.
Academic Misconduct Off-Campus
As you might expect, academic misconduct is always subject to disciplinary action. Cheating and plagiarism aren't subject to geographical restrictions but rather have to do with the fundamental nature of institutions of higher education.
Violation of State or Federal Laws
Virtually all schools include rules that forbid violations of local, state, and federal laws. They may differ, however, in what qualifies as a “violation.” Some may only intercede in the case of a criminal conviction; others may act on allegations even if the civil authorities don't.
Online Misconduct
Questions of “location” can be especially difficult to sort out in online environments. You should never assume, though, that breaking a rule online will allow you to avoid punishment. Certainly, if you are posting in a course forum or on some other university website, your school will treat your posts as “on campus” actions, no matter where you may physically be when you make them. Your school could also take action for social media posts on sites like Facebook and Twitter.
Sexual Harassment, Assault, or Discrimination
The federal government's Title IX rules regarding sexual misconduct no longer apply to off-campus allegations. However, almost all colleges and universities now have their own policies that entitle them to investigate such incidents no matter where they take place.
Affiliation with University-Recognized Organizations
“University-recognized organizations” are always covered by school policies. Whether you're involved with a Greek organization, an academic club, or a sports team, you're expected to abide by all school rules.
Honor Code/Moral Code Violations
Some schools—particularly those with religious affiliations—require students to follow a moral code in addition to a general code of conduct. They may, for example, prohibit homosexual relationships or all forms of “intoxication.” Such rules don't merely apply on campus but to all student behavior.
Threats to University Reputation
This can be a broad-reaching criterium. Essentially, your school may be able to accuse you of misconduct for anything it deems “inappropriate,” especially if it can make the claim that your actions directly put the school's reputation at risk. Posting a racist or homophobic comment on Twitter isn't necessarily against the law. If it brings negative publicity to your school, though, administrators could initiate disciplinary action anyway.
Threats to Health and Safety
Finally, almost all schools assert their right to intervene in any incident that threatens the health and safety of the school community.
Possible Disciplinary Actions for Off-Campus Misconduct in Indiana
Indiana schools may differentiate between whether an off-campus allegation is subject to school jurisdiction or not, but if you should be found “Responsible” for misconduct, it won't really matter where that misconduct occurred. You'll be subject to the same basic penalties.
Most schools' sanctions include
- Verbal or Written Warnings: These generally only apply in the case of very minor offenses.
- Educational Programs: Your school could require you to undergo training to help you avoid future offenses.
- Restitution: If you've stolen or damaged school property or done harm to another member of the campus community, your school can force you to pay for that damage.
- Probation: Probation allows you to avoid a more severe sanction. However, it is often noted on transcripts. In addition, you can expect far more serious penalties should you commit any additional offenses.
- Loss of Privileges: Many schools bar students from participating in athletics and student government when they've been found Responsible for an offense. Your school could also take away specific privileges, such as the right to park on campus or the right to use the student fitness center.
- Suspension: “Suspension” means temporary separation from your school. Such a separation can last for a semester, a year, or even longer. During that period, you cannot take classes, and you may be prohibited from visiting campus at all.
- Expulsion: This means permanent separation from your college or university. Note, too, that expulsion is almost always noted on your transcript. Few schools are willing to admit a student with this kind of record.
- Withholding of Degree: Your school can withhold your degree until it has conducted its investigation and held a hearing into the allegations against you. Further, it can refuse to issue your diploma until you've satisfied all the conditions of your sanctions.
- Revocation of Degree: Four schools can revoke your degree at any time, no matter how long you've been out of school. Usually, schools only do this when they discover a student committed a serious offense that went unpunished.
Ultimately, the specific penalty is less important than the fact of being found Responsible for an offense. Yes, expulsion and the revocation of a degree are the most serious sanctions any student can face. However, even a warning can have long-term consequences if it shows up in your permanent record. A warning for cheating, for example, could keep you from getting into graduate school or have an impact on your job prospects. As a result, you must take every accusation seriously.
What does taking an accusation seriously mean? It means finding out all you can about the charges. It means learning how your school's judicial processes work. And it means making sure you have the best legal representation you can find. The attorneys at the Lento Law Firm have worked with all types of allegations at all types of schools. No matter what your particular situation, they'll work with you to develop a defense strategy, and they'll stand beside you as you put that strategy into action.
The Lento Law Firm: Your Indiana 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.
