Perhaps things started off innocently enough. As a college student in Michigan, maybe you were out for a night on the town with friends, and things got out of hand. Maybe you got in a fight, got drunk, did some damage, got arrested. Whatever happened, it happened off campus, and now it's over...or so you thought. But to your dismay, you've now been informed that the college or university has gotten word of the incident and is calling for a hearing to discuss disciplinary action--possibly even suspending or expelling you from the school!
How could this happen? You wonder. I was not even on campus at the time! But surprisingly, to many students (and their parents), most schools have some wording in their Student Codes of Conduct in which they claim to have jurisdiction over students' conduct off-campus. If you're in this situation, your academic future is in peril, and without the help of an education attorney, you could be facing penalties that could derail your career plans.
You don't have to face this situation alone, however. The Student Defense Team at the Lento Law Firm has a wealth of experience assisting students nationwide who are facing disciplinary action from their respective schools. If you're a student at a Michigan college or university facing discipline for an off-campus incident--or if you're the parent of a student in trouble--our team can work quickly to resolve the dispute while making sure your rights are protected. Contact the Lento Law Firm at 888-535-3686 today or reach out online for a consultation.
How Colleges and Universities Claim to Have Jurisdiction over Off-Campus Conduct
Students and parents are frequently unaware that many Michigan colleges and universities have established written policies in which they claim the right to impose discipline for specific off-campus actions that impact the school. Each institution has its own criteria for determining jurisdiction, and sometimes, the legality of a policy can be challenged if it appears overtly unjust. Generally speaking, as long as these provisions are documented (usually in the school's Student Code of Conduct), it is assumed that you consent to these policies when you enroll. If you are suspected of violating these regulations—whether on or off campus—the institution may initiate disciplinary proceedings.
Even so, the question of how much authority a school can exert over an off-campus event is a matter that is wide open for debate. Legal intervention may occasionally be required if a student's rights have been violated, but schools generally prefer to avoid such scenarios. In these instances, adept negotiation can often help prevent or minimize harmful disciplinary measures from the school.
The Student Defense Team at Lento Law Firm has a proven success rate in assisting students accused of misconduct. We are proficient in the complexities of school regulations, student rights, and due process procedures within Michigan colleges and universities, and we are skilled in helping students navigate the disciplinary process, as well as negotiating with schools and their legal departments when necessary.
Michigan Schools' Disciplinary Measures for Off-Campus Misconduct
There is no uniform protocol that colleges and universities employ to exert authority over alleged off-campus misbehavior, which contributes to confusion for students and their parents (not to mention legal ambiguity). Each institution constructs its own policies in this area, with the language varying from very specific to ambiguous and vague.
Take, for instance, the Code of Student Rights for Central Michigan University enumerates the instances in which it will exercise disciplinary action for off-campus behavior--specifically:
- When the behavior occurs on or affects university-owned or controlled property;
- When the behavior occurs at university-sponsored events;
- When the student commits a crime on or off campus that also violates the Code of Student Rights; and
- Any other instance "when the interests of the university as a community are clearly involved. "
Meanwhile, the Student Code of Conduct for Lake Michigan College limits its off-campus jurisdiction to misconduct in connection with college resources, school-sponsored activities, and programs, programs related to academic pursuits, or conduct that places the college community at risk (e.g., violence or harassment). On the other end of the spectrum, Ferris State University broadly gives itself jurisdiction over "off-campus conduct that adversely affects the health and safety of the Ferris State University community and/or the pursuit of its objectives."
Deciphering the Scope of Jurisdiction for Off-Campus Misconduct by Colleges and Universities
Even when enforcing documented policies, many schools still make decisions on a case-by-case basis regarding whether to exert jurisdiction over an off-campus incident. The above examples notwithstanding, the decision-making process employed by colleges and universities in determining whether to enforce disciplinary measures in response to alleged off-campus misconduct varies considerably. The criteria mentioned below for making these decisions are not uniform across all schools but are some prevalent factors that most schools take into consideration.
Related to School-Affiliated Activities
Schools often exercise jurisdiction over off-campus incidents that have a direct or indirect relation to activities or events endorsed by the institution. Examples may include participation in internships, research endeavors, or educational excursions. For instance, if a student is implicated in an incident while engaged in a study abroad program overseas, the university may consider the incident within its purview.
Engagement in Criminal Conduct
Most colleges or universities reserve the right to impose disciplinary measures if a student's off-campus actions violate local, state, or federal laws. This applies regardless of whether the student faces formal criminal charges. It is particularly relevant if the behavior tarnishes the institution's image or disrupts its academic environment.
Instances of Academic Dishonesty
Educational institutions often extend their authority to cases of academic dishonesty that occur off-campus, such as instances of plagiarism or cheating. This jurisdiction can also include academic dishonesty carried out by off-campus study groups or team projects.
Online Misconduct
A college or university may assert its authority over certain online student behaviors, including cyberbullying, threats, harassment, or other forms of misconduct that affect the campus community. (For example, posting a racial epithet against a student on TikTok or group-texting a humiliating photo of a student.) This can also apply to instances of academic dishonesty facilitated by online resources.
Misconduct During School-Endorsed Events
Colleges frequently exercise jurisdiction over off-campus incidents that occur during school-endorsed events. This includes situations where school equipment is used or when the event is under the institution's oversight, such as a conference, sports event, or social gathering.
Connection to School-Sanctioned Organizations
If a student's alleged off-campus misconduct happens during activities associated with university-acknowledged groups (like fraternities, sororities, sports teams, or other student organizations), the university may choose to exercise jurisdiction and enforce disciplinary measures.
Sexual Harassment, Assault, or Discrimination
While Title IX is a federal law that primarily applies to incidents on campus for schools receiving federal funding, many schools have separate policies concerning student sexual misconduct. They may choose to exercise jurisdiction in cases of alleged off-campus sexual harassment or assault, particularly if both the alleged perpetrator and victim are students.
Violation of Honor Code
In institutions where an Honor Code is in place requiring students to adhere to specific ethical values (a practice common in religious or faith-based schools), the school is likely to exercise jurisdiction if a student violates this code, irrespective of whether it happens on or off campus.
Threats to the Campus Community's Health and Safety
If a student's alleged off-campus behavior presents a direct or indirect threat to the safety and well-being of the university community, the institution may choose to intervene. Examples could include drug trafficking, possession of dangerous weapons, or violent acts.
Damage to School Reputation
When a student's off-campus actions significantly threaten to harm the university's reputation, the institution may opt to initiate disciplinary proceedings. This is particularly relevant if the behavior involves public figures, business or corporate partners, politicians, or other significant stakeholders.
Potential Repercussions of Off-Campus Misconduct for Students in Michigan Schools
Should your college or university determine that your off-campus actions fall within their jurisdiction, you may face disciplinary proceedings similar to those for on-campus violations. The process could involve an inquiry, gathering of witness testimonies, and formal or informal hearings. If the institution concludes, based on the preponderance of evidence, that misconduct has taken place, they may impose one or more of the following disciplinary sanctions:
Probation: A set period of time during which any further infractions could threaten your standing at the school.
Loss of Campus Privileges: You might be barred from participating in certain events, using specific facilities, or lose other privileges such as parking permits.
Restitution: You may be required to compensate for any loss, damage, or injury through appropriate service or monetary fines.
Additional Education: You may be required to participate in educational programs relevant to the transgression committed, such as workshops or online courses, as a condition for remaining enrolled.
Suspension: You could be temporarily barred from the university for a designated period, during which attending classes or university-related events is forbidden.
Expulsion: You might be permanently dismissed from the institution, potentially resulting in a forfeiture of all academic progress thus far.
Degree Revocation: In extreme cases, the school may rescind any degrees you have already earned.
Long-Term Consequences of Disciplinary Actions
If your school disciplines you for off-campus conduct, the ramifications can reach beyond the immediate circumstances. These potential implications may include:
Threats to Academic Progress: Suspension or expulsion could disrupt your academic progression, complicating your ability to finish your degree. Expulsion could also impede your efforts to secure admission to another institution to continue your studies.
Financial Aid Eligibility: Certain disciplinary measures can make you ineligible for various types of financial aid, including loans, grants, and scholarships.
Graduate and Postgraduate School Admissions: Many graduate programs require applicants to disclose any disciplinary actions taken against them. This could adversely impact your application.
Transcript Annotations: Disciplinary actions may result in adverse remarks on your academic record, potentially visible to potential employers.
Professional Licensing Challenges: If you're pursuing a profession that necessitates licensing (such as architecture, nursing, or engineering), a disciplinary record could negatively affect your application for these licenses.
The Lento Law Firm: Your Ally in School Disciplinary Proceedings
In student disciplinary proceedings, innocence is not presumed, and the burden of proof for a guilty determination is relatively low. While it's possible to navigate these issues without legal help, doing so could increase the likelihood of an unfavorable outcome--not to mention the school could be overstepping its legal authority without your knowledge. Engaging a seasoned education attorney early in the process affords you the best chance to resolve the issue with minimal damage to your academic career. Here's how the Lento Law Firm's Student Defense Team can help:
- Evaluate the allegations against you and provide counsel on the most effective defense strategy;
- Gather evidence and secure witnesses to reinforce your defense;
- Negotiate with the institution and/or their legal representatives to reach the most advantageous resolution;
- Assist you in preparing for your disciplinary hearing and reviewing your arguments; and
- In extraordinary cases, initiate litigation against the institution (if it is evidently overstepping its legal boundaries).
If you're a Michigan college or university student facing disciplinary action—or if you're a parent of such a student—know that the Lento Law Firm Team is dedicated 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.
