There are perhaps no places in America where you are more monitored than on college campuses. It's not just that everything you do in class is subject to evaluation. There are rules that govern how loud you can play your music in your dorm room. Cameras keep an eye on you when you're in the library or playing Frisbee on the quad.
Of course, you take your education seriously, so you're careful when you're on campus. What about off-campus, though? How careful are you about where you go, who you hang out with, what you do when you're out on the town, or home visiting your parents, or traveling to another state? That's your business, right? As long as you stay within the bounds of the law—well, roughly speaking anyway—surely you're free to do as you like when you're away from the university.
Turns out not so much. All Maryland schools have policies that dictate how you can and can't behave, and in many cases, these policies apply even when you're away from campus. A little unfair? Maybe. The more important question, though, is what do you do if you find yourself in trouble?
You call the Lento Law Firm. The Lento Law Firm was founded to help students get fair treatment from their universities. That commitment doesn't just extend to trouble on campus. The firm's attorneys are on your side any time your school accuses you of misconduct, no matter what kind of misconduct that accusation involves. Below, we'll get into what kind of problems can arise from your off-campus behavior. Before we do, though, you first need to know that the Lento Law Firm is always just a phone call away at 888-535-3686. Or, you can use our automated online form.
Can My College Really Discipline Me for Alleged Misconduct that Occurred Off-Campus?
Most students assume that when they're off-campus, they're free of school jurisdiction. You know what they say about assumptions, though.
The fact is, most schools have at least some rules that govern your off-campus behavior. For instance, if you read the University of Maryland Student Code of Conduct carefully, you'll find that one of your responsibilities as a UMD student is to “comply with applicable federal, state, and local laws.” Notice the wording here. You're certainly going to face university discipline if you should wind up convicted of a crime, but this policy leaves open the possibility that you could be disciplined even if the police never actually charge you. All it takes is an allegation to initiate a university investigation, and if the school decides you've broken a law, it may try to punish you, whether you broke that law on campus, off campus, or even in an entirely other state.
The fact is, the law doesn't have to be at stake for a Maryland college or university to charge you for your off-campus behavior. A fight at a bar or an inappropriate comment in a chat room can be grounds for disciplinary actions in some instances, even if you haven't actually broken any laws.
There is no question that schools do have a lot of authority over students. When you sign up to attend UMD, Johns Hopkins, or Towson University, you agree to abide by school policies. If those policies include language asserting jurisdiction over what you do off-campus, the school can argue that you willingly entered into a binding agreement, even if you never actually read the fine print.
Whether they can make that claim stick is an open question. At present, a school's jurisdiction over off-campus activities remains a gray area of the law. The answer to the question may ultimately depend on a number of complex factors, like the exact nature of the offense and the precise wording of the school's policy. Even what you were wearing could be important.
In short, there are often ways to avoid disciplinary action, even if your school insists you've violated policy. You're going to need help, though—help sorting through all the issues in play, help navigating your school's judicial system, help using the subtle distinctions in the law to your advantage. The Lento Law Firm has worked with hundreds of students to get them the justice they deserve. The firm's Student Defense Team knows the law, and they're familiar with how schools conduct investigations and hearings. Whether you're looking to prove your innocence, deny university jurisdiction, or negotiate for a fair sanction, we're on your side, and we're ready to help.
Criteria Used by California Schools to Discipline Off-Campus Behaviors
Of course, every college and university in Maryland is different. As a result, there is no set standard for how they decide whether or not to pursue a complaint about off-campus misconduct.
For example, Frostburg State University's Code of Conduct asserts jurisdiction over conduct involving
- Danger to the health or safety of the community
- Violations of community laws or ordinances
- Actions that do harm to the University's reputation
Pretty broad. The Code of Conduct at Loyola University Maryland is far more specific, with lengthy sections on
- Residency requirements
- Parties and gatherings
- Off-campus disturbances
- Noise
- Trash disposal
- Social host
- Community behavior
- Disorderly residence
- Pets
- Parking
In general, though, there are several common factors that schools tend to consider in cases of off-campus misconduct.
Connection to School-Related Activities
Your school will almost certainly claim jurisdiction over all school-related activities, no matter where they occur. Sporting events, for instance, are subject to school discipline, as are all Greek activities. In addition, you're likely responsible for following all standards of conduct while you're participating in any overseas studies.
Academic Misconduct Off-Campus
All schools maintain strict integrity policies designed to prevent all forms of academic dishonesty, including cheating and plagiarism. Where such misconduct occurs is generally irrelevant to the charge. All activities related to your education are necessarily part of the school's operations and are subject to disciplinary action.
Violation of State or Federal Laws
Virtually every school's Code of Conduct includes a statement requiring students to follow all local, state, and federal laws. These mandate that should you be convicted of a crime, you'll face additional disciplinary action from your school, usually dismissal. Again, however, such policies don't necessarily require conviction. If the school decides you've committed a crime, it may try to punish you even if you haven't been officially charged by authorities. And keep in mind that most schools don't use the “beyond a reasonable doubt” standard to determine guilty. Instead, they will likely find you “Responsible for” (guilty of) an offense if they are just over fifty percent convinced that you broke the law.
Online Misconduct
If your online behavior affects the university community, it is subject to university regulation. Bullying, harassment, threats, and all other forms of misconduct can get you into just as much trouble when you commit them in a digital space as when you commit them in real-world spaces.
Sexual Harassment, Assault, or Discrimination
Sexual forms of misconduct aren't just a matter of school policy. In most cases, they're subject to Title IX, a federal law. Colleges and universities are required to investigate all credible accusations and are encouraged to issue stiff penalties. Title IX only applies to on-campus misconduct or misconduct that occurs at university-sponsored events. However, virtually all schools maintain their own policies against misconduct that occurs off-campus.
Misconduct During University-Sponsored Events
Schools can sometimes be quite liberal in how they define “school-sponsored” events. Obviously, sporting events and other types of official university activities qualify, no matter where they occur. A school can claim jurisdiction over an event, though, simply because that event made use of school equipment or was publicized using the school's name.
Affiliation with University-Recognized Organizations
You don't have to be involved with a university office or organization in order to find yourself in trouble for a conduct violation. If you're participating in activities through your Greek organization, for example, your off-campus behavior is still subject to your school's code of conduct.
Honor Code/Moral Code Violations
Some private schools, especially those with a religious affiliation, may ask students to sign an honor pledge when they enroll. These can contain specific prohibitions about everything from drug use to drinking to sex. Or, they could more generally require students to conduct themselves “morally” at all times. At these schools, off-campus behavior is almost always included in these prohibitions.
Threats to Health and Safety
You can always expect that your school will intervene if your behavior represents any type of threat to the health and safety of the university community. Threats of violence, for instance, or drug use, could be grounds for disciplinary action, no matter where they occur.
Threats to University Reputation
This stricture can be especially dangerous since a university can always make a case that a student's misconduct—wherever it occurs—reflects poorly on its reputation. Certainly, if you misbehave in public while wearing clothes that connect you to your school, your school could argue that you damaged its reputation. Should the local paper associate your off-campus conduct with the university, that too could be grounds for disciplinary action, even if you weren't representing the school in any direct sense.
Possible Disciplinary Actions for Off-Campus Misconduct in California
If your school decides you are guilty of violating policy, it will impose sanctions, and again, such sanctions have nothing to do with whether or not you committed your offense on campus. Schools in Maryland utilize a wide range of different sanctions, from verbal and written warnings all the way up to dismissal. If the school deems your off-campus behavior to be serious enough to trigger an investigation, though, you can expect serious sanctions, such as
- Educational Programs: You could be required to participate in a workshop or seminar, complete online training, or even take an entire course to ensure you understand the nature and consequences of your offense.
- Restitution: If your actions caused loss or damage, your school may ask you to pay monetary damages, either to the victim or the school itself. In most cases, you cannot graduate until you have met these financial obligations
- Probation: Your school could decide to set a specific period of time during which you're barred from committing any additional offenses. Violating probation usually means suffering a far worse penalty.
- Loss of Privileges: Your school could suspend some of your access to university services. You might lose your parking permit, for instance, or your right to use the campus fitness center.
- Other Restrictions: Schools can impose other types of restrictions as well. You could be barred from being on certain areas of campus, or the school could require you to stay away from a particular person or group.
- Suspension: You could be required to leave the university for a given period of time—a semester, for example, or a year. During that time, you are prohibited from taking classes and could be barred from campus entirely. You may also be prevented from taking courses at another school while serving your suspension.
- Expulsion: Like suspension, this sanction involves separation from the university. In this case, though, that separation is permanent. Expulsion is almost always noted on your transcript and can keep you from enrolling at another institution.
- Withholding of Degree: Just because you commit an offense at the end of your academic career doesn't mean you aren't subject to penalties. Your school could withhold your degree until you undergo adjudication and complete any assigned sanctions.
- Revocation of Degree: Nor are you entirely safe from disciplinary action once you've graduated. Your school has the power to withdraw your degree entirely, even years after the fact if it discovers you committed some misconduct while you were a student.
Keep in mind that any sanction, even a warning, can have long-term repercussions. If it appears on your transcript, it could interfere with graduate school applications, come up during licensing hearings, and even play a role in your ability to get a job. Any allegation of misconduct represents a serious threat to your future, and you can't afford to handle it all on your own. You need the help of a Lento Law Firm attorney.
The Lento Law Firm: Your Maryland 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.
