When you enrolled in a college or university in Nebraska, the last thing you anticipated was facing disciplinary proceedings for an off-campus incident. You've been conscientious in your studies, maintaining a commendable academic record. Yet, you somehow find yourself under investigation for misconduct, and the school is threatening to impose sanctions, including suspension or expulsion--over something that happened nowhere near the school grounds!
The investigation could have been triggered by a number of things. Maybe you went out with friends to blow off some steam after a grueling exam, and things got a bit out of control. Maybe you got drunk, got in a fight, got arrested. Maybe the school saw a regrettable post on your social media account. Or maybe it was nothing at all, and someone is falsely accusing you--maybe even to divert the attention away from themselves. Regardless of what actually happened, it happened off-campus, so it baffles you that the school even has the authority to discipline you for it.
As a student (or the parent of a student), this can be a confusing and overwhelming experience. You may feel frustrated, angry, or even scared about what the outcome of these proceedings may mean for your future. It's important to remember that you are not alone in this situation. Believe it or not, schools of higher education across the country (including Nebraska) routinely claim to have jurisdiction over their students' off-campus behaviors. You'll likely find this information in the school's Student Code of Conduct. But the legal grounds may be dubious at best, and depending on the circumstances, it's possible that your rights are being violated without your knowledge. Without the guidance of a seasoned education attorney, you risk facing unjust repercussions that could significantly impact your future. The Student Defense Team at the Lento Law Firm has nationwide experience in these types of situations, and we can work quickly to help you resolve this issue with your school while protecting your rights and your future prospects. If you're a Nebraska student grappling with allegations of off-campus misconduct, contact the Lento Law Firm at 888-535-3686 today to arrange a consultation or reach out using our online form.
Can My School Legally Discipline Me over an Off-Campus Incident?
The answer is not cut-and-dried. What we can say is that numerous Nebraska colleges and universities have established written policies in which they claim jurisdiction for certain off-campus activities as they affect the school. Each school may determine the extent of its authority based on unique criteria, and sometimes, the legality of these policies can sometimes be doubtful. However, by enrolling as a student, it is assumed that you agree to abide by these written provisions, which are typically found in the Student Code of Conduct. Consequently, if you're suspected of violating these rules—on or off campus—the school may initiate disciplinary procedures.
That said, the question of how much authority a school can legally exert over off-campus behaviors is still hotly debated. And because the laws differ from state to state (and the rules differ from school to school), there's a higher risk that a student's rights will be violated when a school presumes to discipline off-campus behaviors. Fortunately, most disciplinary issues of this kind can be resolved through skillful negotiation because colleges and universities are typically averse to fighting legal challenges and would rather just have order restored.
The Student Defense Team at the Lento Law Firm has a proven track record in these types of cases. We are well-versed in the nuances of school regulations, student rights, and due process procedures within Nebraska colleges and universities. We excel at guiding students through the disciplinary process and negotiating with educational institutions when necessary to bring about a favorable outcome, one that actually helps the student's future prospects rather than endangers them.
Understanding Off-Campus Misconduct Policies in Nebraska Colleges and Universities
Every college and university system in Nebraska shapes its own policies regarding off-campus jurisdiction based on the needs of the school and students. The language in these policies ranges from very specific (which gives students and parents a better understanding of what to expect) to very vague (which generally gives the school more latitude to decide when and where to impose discipline.
- The Student Code of Conduct for the University of Nebraska (which applies to all UN campuses across the state) lists specific situations in which the school may exercise jurisdiction over off-campus behaviors, including incidents in university-approved housing, connected with university travel or student organizations, endangers students' health and safety, and others.
- The Code of Student Conduct for Nebraska Wesleyan University is less detailed about its jurisdiction over off-campus incidents, stating that the Code applies to "off-campus, online, or via another electronic medium, when the Vice President for Student Life, or designee, determines that the off-campus conduct affects a substantial University interest."
- Wayne State College, in its Student Handbook, is even more ambiguous and gives itself broader authority over off-campus behaviors, stating simply: "Student misconduct as identified under this policy or a violation of College regulations or policy, whether occurring on or off College property, may result in disciplinary action being taken against the student.
How Schools Decide Their Off-Campus Jurisdiction
Although many educational institutions claim extensive jurisdiction over off-campus activities, the decision to enforce discipline often hinges on the specifics of each case. The criteria for these decisions vary across schools, but a few common factors typically influence the process.
Connection with School-Sanctioned Programs or Events
Universities frequently exercise authority over off-campus incidents that relate directly or indirectly to school-approved activities or events, such as internships, research initiatives, educational trips, social gatherings, etc. For instance, if a student is alleged to have assaulted someone during a school-sponsored study abroad program, the school may consider the incident within its purview despite it happening overseas.
Connection to University-Recognized Organizations
If a student's off-campus misconduct occurs during activities associated with university-recognized groups (like fraternities, sororities, sports teams, or other student organizations), the college or university may assert jurisdiction and enforce disciplinary actions.
Engaging in Criminal Activities
Higher education institutions often reserve the right to impose disciplinary actions if a student engages in criminal behavior off-campus. This applies even if the student avoids formal criminal charges.
Instances of Academic Dishonesty
Educational institutions commonly extend their jurisdiction to cover instances of academic dishonesty, including plagiarism or cheating, regardless of whether it happens on-campus, off-campus, or online.
Online Misbehavior
Colleges and universities often regulate students' online conduct and penalize behaviors such as cyberbullying, threats, harassment, or other disruptive behaviors affecting the campus community.
Honor Code Violations
In institutions that uphold an Honor Code requiring students to adhere to specific ethical/moral standards (a practice prevalent in religious or faith-based schools, for example), the school is likely to enforce jurisdiction if a student breaches this code, regardless of whether it occurs on or off-campus.
Sexual Misconduct, Harassment, or Assault
While Title IX, a federal law prohibiting gender discrimination and sexual harassment in federally funded schools, primarily pertains to on-campus incidents, many schools have separate policies for student sexual misconduct. Thus, they may choose to exercise jurisdiction over alleged off-campus sexual harassment or assault cases, particularly when both the accused and the victim are students.
Threats to School Reputation
If a student's off-campus actions could potentially damage the reputation of the school, it may opt to initiate disciplinary proceedings as a way of regaining credibility in the community.
Risks to the Health and Safety of the Campus Community
If a student's alleged off-campus behavior poses a direct or indirect threat to the safety and welfare of the school community, the school is likely to enforce discipline.
Common Sanctions by Nebraska Schools for Off-Campus Misconduct
If your college or university decides your off-campus misconduct falls within their purview and warrants possible disciplinary action, you could find yourself embroiled in a process similar to that for any on-campus violation. This process might include an investigation, interviews with you, your accuser(s), and any relevant witnesses, and possibly formal or informal hearings. If the school determines, based on a preponderance of the evidence, that you have violated their Code of Conduct or other policies, they may enforce one or more of the following disciplinary measures:
Probation: A designated monitoring period during which any further violations could result in expulsion.
Fines and/or Restitution: You might be required to compensate for any loss, damage, or injury through appropriate service or monetary penalties.
Revocation of Campus Privileges: You could be barred from taking part in certain activities, accessing particular facilities, or deprived of other privileges.
Supplementary Education: You may be required to engage in educational programs relevant to the offense committed, such as workshops or online courses, as a condition of maintaining enrollment.
Suspension: You could face a temporary ban from the university or college for a specified duration, during which attending classes or university-related events is prohibited.
Expulsion: You could be permanently removed from the institution, potentially resulting in the loss of all academic progress to date.
Degree Revocation: In some instances, the school may rescind any degrees you have already earned.
Long-Lasting Consequences of Disciplinary Actions
If your school imposes disciplinary actions on you, the impacts can stretch far beyond the here and now, possibly casting a long shadow over your future. For example:
Your academic progress could be disrupted or erased. Suspension or expulsion could complicate your ability to complete your degree and erase any progress you've made so far. Expulsion could also impede your efforts to enroll in another school to continue your studies.
You could lose funding for school. Certain disciplinary measures could disqualify you from various types of financial aid, including loans, grants, and scholarships.
You could have trouble enrolling in grad or post-grad programs. Many graduate programs require disclosure of any disciplinary actions taken against you, which could adversely influence your application.
You could have negative notations on your transcripts. In some instances (though not all), disciplinary actions might result in unfavorable remarks on your academic record, potentially visible to prospective employers.
You could have trouble getting professionally licensed. If you're pursuing a profession that requires state licensure (such as architecture, nursing, or engineering), a disciplinary record could negatively affect your application for these licenses.
The Lento Law Firm Team Can Help with Nebraska School Discipline Issues
If your Nebraska college or university is investigating you for misconduct—whether it occurred on or off campus—you're entering the process at an inherent disadvantage. The presumption of innocence is not guaranteed, and the school only needs to establish your guilt based on a preponderance of the evidence. Navigating these allegations alone can potentially lead to a harsher penalty, and there's also the risk of the school overstepping its legal boundaries without your knowledge. Engaging an experienced education attorney at an early stage gives you a fighting chance to resolve the issue with minimal impact on your academic journey. Here's how the Student Defense Team at Lento Law Firm can support you:
- Evaluate the Charges: We assess the allegations you're facing and guide you toward the most effective defense strategy.
- Gather Evidence: We collect relevant evidence and secure witnesses to bolster your defense.
- Employ Skilled Negotiation: We guide you in negotiating with the school and/or their legal representatives to negotiate the most advantageous resolution possible--and where possible, we can negotiate directly.
- Prepare You for Disciplinary Hearings: We assist you in preparing for your disciplinary hearing and refining your arguments.
- Initiate Legal Action: In exceptional circumstances where the school has obviously overstepped its legal boundaries, we can explore litigation options with you.
Whether you're a Nebraska college or university student facing disciplinary action or a parent of a student in such a situation, rest assured that allegations of off-campus misconduct do not have to derail your future. The Lento Law Firm's Student Defense Team is committed to upholding your rights and working diligently towards the most favorable outcome possible. To schedule a consultation, call us at 888-535-3686 or fill out our online form.
