Colleges and universities take discipline seriously these days. Maybe too seriously. Get caught sexually harassing another student, stealing university property, or participating in some sort of complicated cheating scheme, and you can expect serious punishment, possibly even dismissal.
That's strict, but it's fair. Like any community, your school has to have rules if it's going to function effectively, and if you break those rules, there should be consequences.
Off-campus, though? That's another matter entirely, right? After all, you're 18. Universities can't reasonably expect to control everything you do and say. You've got to follow the law, of course, but as far as your school is concerned, they can't possibly punish you for things you do away from campus.
Turns out, they can expect to control everything you do and say, and they will try to punish you for misconduct, even if it happens off-campus. Is that fair? Decidedly not. Is it legal? That depends on the policy, the misconduct, and who you ask. Here's one question we can absolutely, definitively answer, though: Who do you contact should you find yourself in trouble?
The answer? The attorneys at the Lento Law Firm. The Lento Law Firm was founded to help students get the fair treatment they deserve. We're committed to defending you from any charges of misconduct, whether those charges originate from on-campus or off-campus activities.
Below, you'll find out all you need to know about what schools can and can't do when it comes to your conduct. We'll also spend some time talking about how to defend yourself. The most important thing you need to know, though, is how to get in touch with us. We're always available by phone at 888-535-3686, or you can contact us 24/7 through our automated online form.
Can My College Really Discipline Me for Alleged Misconduct that Occurred Off-Campus?
We get it: your school shouldn't have jurisdiction over you when you're, you know, not at school. In fact, you could make a case that given all the pressures you have to deal with when you're on campus; you deserve to go a little crazy when you're away from it.
Unfortunately, that's not how it works.
Logically, of course, you can understand why a school might want to have some control over students who break the law. Universities are tasked with protecting the university community—to say nothing of their reputations—and if you've been convicted of a crime, you represent a threat to that community and/ or reputation. So, most schools' Student Codes of Conduct include rules about following the law.
Take the University of Missouri, for example. Mizzou's code quite clearly prohibits “Violation of applicable federal, state, foreign or local law or ordinance.”
Consider the wording of this rule carefully, though. It doesn't promise consequences for those “convicted” of committing crimes. It promises disciplinary action against those who “violate” the law. How does the school determine whether you've violated the law? It can wait to see what the courts decide, but it doesn't have to. Someone can accuse you of breaking the law, and the school itself can step in to adjudicate whether or not the government decides to. And, crucially, your university doesn't have to find you guilty “beyond a reasonable doubt.” If it decides you “more likely than not” committed an offense, that's enough.
Missouri colleges and universities don't just assert their authority over off-campus violations of the law, though. Often, they hold you responsible for following the entire student code, twenty-four hours a day, wherever you happen to be, and whether or not those violations have anything to do with the law. A bar brawl can get you into trouble. Online harassment can get you into trouble. In some cases personal, private conduct like participating in a perfectly legal, perfectly consensual sexual relationship can get you into trouble.
Schools argue that when you sign up to attend you submit to their authority. If you're going to be a member of the University of Missouri community—or the Truman State community, or the Washington University community—you must abide by community rules. Ultimately, the community itself should have the power to expel you if you violate those rules. Added to this basic premise is the idea that while you're attending school, you're never not a student. Thus, nothing you do truly falls outside of school jurisdiction. And, just in case these arguments don't stand up to scrutiny, there's always the fact that by enrolling at your university, you—tacitly or otherwise—agreed to abide by the rules. You've submitted to a contract and, well, you knew the rules going in, whether they're fair or not.
None of this means you can't defend yourself from an allegation of off-campus misconduct. In fact, the law in such instances is fairly murky. You can challenge school policy; you can prove your innocence; you can claim that a given sanction is unfair. All of these approaches, though, involve sophisticated arguments. Defending yourself before a university hearing committee can be a complicated affair. You need compelling evidence; you need to know what questions to ask witnesses; you need to understand sometimes arcane procedures.
Luckily, you don't have to deal with all of this by yourself. The Lento Law Firm is on your side. We know your rights under the law. We know how colleges in Missouri operate. Most of all, though, we're on your side and ready to do battle to make sure you get the best possible resolution to your case.
Criteria Used by Missouri Schools to Discipline Off-Campus Behaviors
If you've been accused of committing some form of off-campus misconduct, building a solid defense starts with finding out whether your school has jurisdiction over the alleged misconduct. That, of course, will depend on your particular school's Code of Conduct and other policies.
Washington University's Code of Conduct, for instance, says that off-campus conduct is only subject to university discipline if it “adversely affect[s] the University community and/or the pursuit of its objectives.” The University of St. Louis claims more authority over its students. Its code of conduct reads, "As a Catholic, Jesuit institution, Saint Louis University holds high standards regarding the conduct of its students both on and off the SLU campus.”
In general, though, here's what conditions you can expect to trigger an investigation into off-campus misconduct allegations.
Connection to School-Sponsored Activities
School-sponsored activities don't always happen on campus. Perhaps the most extreme example involves students who are participating in overseas programs, but your intramural golf team could decide to hold a tournament at the local public course. If the event is sponsored by your school, your school almost certainly has the right to impose rules on it.
Connection to School-related Activities
Your school may go further and assert jurisdiction over any “school-related” activity. Studying, for instance, might qualify, whether you're doing that in your dorm room, your apartment, or the corner coffee shop.
Academic Misconduct Off-Campus
Academic misconduct is never open to debate. Where you decide to cheat or plagiarize is of no consequence. The submission of dishonest work violates the basic tenets of education.
Violation of State or Federal Laws
To repeat, virtually all colleges and universities discipline students who have been convicted of crimes, if only to ensure that individuals who are sent to prison can't continue their studies. Many schools, though—the University of Missouri, for example—prohibit the “commission” of a crime, even if you are not ultimately convicted.
Online Misconduct
In today's digital world, your online activities can get you into just as much trouble as your “real-world” activities. And if you're enrolled in college, your school may charge you with an offense even if your online activities happen off-campus. That's certainly true if you're participating in an online course forum or interacting in some other way with your university. Your school could charge you for inappropriate social media comments, though, even if they're not connected to your role as a student.
Sexual Harassment, Assault, or Discrimination
For a number of years, sexual misconduct was almost always handled using Title IX, a federal law that bars sexual discrimination and harassment. That law currently only applies to on-campus incidents. However, most schools now have their own policies governing such behavior, and those extend to any incident involving any student.
Affiliation with University-Recognized Organizations
Involvement with a university-recognized organization is, by definition, involvement with the university. If you're a member of an intramural team, an academic club, or a fraternity, your behavior while participating in activities with those groups is always subject to university regulation.
Honor Code/Moral Code Violations
Some private schools, particularly those with a religious affiliation, have rules concerning morality. Students may be forbidden to drink, for example, even if they are of age. Or, they may be barred from sexual activity outside of marriage. Such schools generally regard your personal development as part of your education, and on this basis, they believe they have the right to punish any violations no matter where those occur.
Threats to Health and Safety
All colleges and universities reserve the right to discipline their own students when the school's community is threatened. That would obviously apply to someone who threatened violence, even if that individual was off-campus. However, something like dealing drugs off-campus might also qualify under this line of thought.
Threats to University Reputation
Schools also tend to be protective of their reputations. They may try to discipline you for almost anything you do, if you seem to be representing the school in some way, and if what you're doing seems to reflect negatively on them.
Possible Disciplinary Actions for Off-Campus Misconduct in Missouri
You can expect that if you are found Responsible for (guilty of) violating school policy off-campus, you'll be punished the same as you would be for committing misconduct on campus.
Of course, every school is different, but most use a similar set of sanctions to punish offenders.
- Verbal or Written Warnings: A minor offense might receive no more than a warning, but these are rare on today's college campuses.
- Educational Programs: Your school could require you to demonstrate you understand the nature of your offense by having you complete some sort of educational program—an online tutorial, for example, or a weekend seminar.
- Restitution: If you've caused damage to university property or harmed someone physically, you may be required to pay for those damages. Most schools will not issue diplomas until students have settled all their financial accounts.
- Probation: Probation allows you to avoid a sanction, but while on probation any mistake, no matter how small, could result in far more serious consequences.
- Loss of Privileges: Schools sometimes suspend students' privileges in disciplinary cases. This could include anything from parking to access to the campus gym.
- Suspension: This involves separation from the university for at least a semester and often a year or more. You cannot enroll in classes during this period, and you may very well be barred from campus and from attending school-sponsored activities such as sporting events.
- Expulsion: This means permanent separation from the university. It usually also means a transcript notation. Such a notation can hinder your chances of transferring to another school.
- Withholding of Degree: A university can withhold your diploma until it has completed its investigation and you've served whatever sanction it has imposed.
- Revocation of Degree: Universities retain control over your educational credentials indefinitely. If your school decides you committed an unpunished offense while you were a student there, it can choose to revoke your degree.
All sanctions—even warnings—can have long-term consequences. If a warning about cheating should show up on your transcript, it can interfere with graduate school applications, professional license applications, and job applications. Allegations of misconduct—even unproven—can dog you throughout your career.
Don't let this happen. It doesn't matter if you know you're innocent. It doesn't matter if the sanction you're facing is nothing more than a slap on the wrist. It doesn't matter if you're sure your university has no jurisdiction over what happened. Take all charges seriously. Contact the Lento Law Firm, and let us make sure you get all the rights you deserve and a fair chance to finish your education.
The Lento Law Firm: Your Missouri 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.
