As a serious student at a Nevada college or university, you never anticipated finding yourself in trouble. But now, you're embroiled in an unplanned circumstance that's threatening your academic future. Perhaps it started off innocently enough--a night out with friends that somehow got out of hand. Maybe you had too much to drink, got involved in a brawl, or damaged someone's property. Maybe a rant on social media was misinterpreted and found itself on the radar of school authorities. Or you could even be falsely accused. Whatever the case, you thought the past was the past--until you got notice from the school that you're now facing the very real possibility of suspension or expulsion.
What's most baffling is that the alleged incident happened off-campus--and you don't understand how the school has any authority to take action against you over it.
As unlikely as this scenario seems, public and private higher education institutions across Nevada often claim to have jurisdiction over off-campus violations of their rules. If you're a student dealing with such accusations—or a parent of an implicated student—don't overlook the risks associated with this predicament. If the school decides to take disciplinary action, it could interrupt your education and endanger your prospective career.
Thankfully, you're not without options. Hiring an experienced education attorney at this crucial moment could quite possibly save your academic career. The Student Defense Team at the Lento Law Firm has an extensive track record of success helping students and parents navigate complex student discipline issues both in Nevada and nationwide. Neglecting to defend yourself could result in substantial damage to your reputation and future prospects. Take action now: reach out to the Lento Law Firm at 888-535-3686 or use our online form to arrange a consultation.
Does My School Have the Authority to Discipline Me Over an Off-Campus Incident?
You might assume, as many students do, that your college or university wouldn't try to discipline you for an event that took place off school grounds. However, if you review your school's Student Handbook or Student Code of Conduct, you'll likely discover some sort of language extending the school's jurisdiction to specific off-campus behaviors linked to the school. The specifics of these policies vary across schools, and there can be cases where a policy's validity might be questioned if it seems unduly harsh or legally questionable. Generally, though, as long as these regulations are in writing, the school assumes you consent to the rules once you enroll as a student. Therefore, if you're accused of breaching school policies—whether on or off campus—the institution may reserve the right to instigate disciplinary actions against you.
That being said, enforcement of off-campus misconduct often falls into a legal gray area, no matter how vague or specific their policies may be. Moreover, since schools opt to enforce these rules on a "case-by-case basis," it creates the potential for discriminatory practices where some students might receive more leniency than others for identical transgressions. On occasion, legal intervention is necessary if a school genuinely violates a student's rights; however, most disputes over disciplinary actions can be settled through skillful negotiation because colleges and universities generally wish to avoid litigation. The problem is that many students and parents don't fully understand their legal rights (or the school's legal boundaries), and this often results in a student's rights being violated by unfair and/or illegal actions that can truly do damage to their future prospects.
The Student Defense Team at the Lento Law Firm understands the complexities of college/university regulations, student rights, and due process procedures in Nevada, and we can utilize this knowledge to assist you in negotiating for a more lenient resolution to the allegations against you. Our team is nationally known for their ability to resolve even the most complicated disputes with surprising results.
How Off-Campus Misconduct is Disciplined by Nevada Colleges and Universities
The process by which colleges and universities assess off-campus misconduct and decide on disciplinary actions often lacks consistency, leaving students confused about where the boundaries lie. Policies regarding this issue vary significantly from one school to another, with some schools providing clear guidelines in their Codes of Conduct and others leaving much room for interpretation. Some examples of how Nevada schools define their off-campus jurisdiction:
- The University of Nevada Las Vegas (UNLV) broadly declares in its Student Conduct Code that its jurisdiction extends to off-campus conduct that "adversely affects the UNLV community and/or the pursuit of its objectives."
- Both the University of Nevada Reno and Nevada State University have nearly identical language in their respective Student Codes of Conduct regarding off-campus jurisdiction: "The University's authority extends to off-campus conduct that violates the Code and adversely and directly affects the health, safety, or property of any member of the University community."
Key Factors in Determining Disciplinary Actions for Off-Campus Behaviors
While each Nevada school maintains its unique methodology in handling off-campus violations, there are common factors considered when deciding on disciplinary measures. Most institutions retain the right to make determinations on a case-by-case basis. The following criteria are typically used by many Nevada schools to judge when they might exercise their authority.
Association with School-Sanctioned Activities
Colleges and universities often assert their jurisdiction when the alleged misconduct is directly or indirectly associated with a school-authorized event or program. This could include study abroad programs, internships, research projects, or field trips.
Involvement with University-Affiliated Groups
If the alleged off-campus violation occurs while you're engaged in activities with university-recognized groups (such as sports teams, fraternities, or sororities), the university may choose to impose disciplinary action.
Criminal Offenses
If a student commits a crime off campus, the college or university may decide to discipline the student, regardless of whether the legal authorities press charges.
Academic Misconduct
Acts of academic dishonesty like plagiarism or cheating typically fall under the jurisdiction of the university, no matter where the infraction took place. This includes instances of academic dishonesty during off-campus study groups or joint projects.
Online Misconduct
In the current digital era, universities often claim jurisdiction over students' online activities, whether via social media, texts, or other digital platforms. Punishable offenses may include cyberbullying, hate speech, threats, harassment, or any other misconduct negatively affecting the campus community.
Sexual Misconduct, Harassment, or Assault
Most cases of sexual misconduct at schools are governed by Title IX, a federal law that applies to all schools receiving federal funding. While Title IX primarily deals with on-campus incidents, many schools have additional policies addressing student sexual misconduct. In some circumstances, the school may opt to take action independently of Title IX, particularly if the incident took place off-campus and involved two students.
Breach of Honor Code
Some institutions require students to adhere to an Honor Code pledging to maintain certain ethical standards both on and off campus. If a student's off-campus behavior violates these standards, the school may choose to enforce disciplinary measures.
Threats to Health and Safety
If your alleged off-campus behavior poses a direct or indirect threat to the health and safety of university community members, the school may decide to intervene.
Damage to School Reputation
Should a student's off-campus actions threaten to significantly damage the reputation of the college or university, the institution may opt to impose disciplinary actions.
Potential Repercussions of Off-Campus Misconduct in Nevada Schools
When a college or university in Nevada deems your off-campus actions to be within their purview, they are likely to follow the same disciplinary protocols as they would for violations committed on campus. The procedure typically includes an inquiry, witness interviews, and formal or informal hearings. If the school establishes your guilt based on a preponderance of the evidence, you might be subjected to one or more of the following disciplinary sanctions:
- Probation: A stipulated period during which your behavior is under strict scrutiny, with any future violations putting you at risk of expulsion.
- Restriction of Privileges: You could be barred from participating in certain activities or accessing specific campus facilities.
- Financial Penalties/Restitution: You may be required to pay for any losses, damages, or injuries caused by your actions, or the school may levy a fine.
- Suspension: You could be provisionally excluded from the school, during which you're not permitted to attend classes or university-associated events.
- Expulsion: This signifies a permanent dismissal from the college or university.
- Revocation of Degree: In extreme cases, a degree already awarded by the school might be retracted, or if you've fulfilled the requisites for a degree, the institution might postpone awarding your degree until the disciplinary process concludes.
Long-Lasting Effects of Disciplinary Sanctions Imposed by a Nevada College or University
The consequences of being disciplined for student misconduct can extend far beyond the immediate situation. If your school elects to implement disciplinary measures against you, even for misconduct occurring off-campus, it could have long-term implications for your future. These potential consequences include:
- Interrupted Academic Progress: A suspension can set back your academic progress, impacting your grades or advancement in your degree program. Expulsion could entirely derail your degree program, and since securing admission to another school can be challenging, you might find it difficult to complete your degree.
- Graduate/postgraduate Admissions: Many postgraduate programs require applicants to reveal any disciplinary measures taken against them. This could negatively influence your prospects for admission.
- Eligibility for Financial Aid: Certain disciplinary sanctions could affect your eligibility for financial aid, including loans, grants, and scholarships.
- Negative Transcript Notes: Some disciplinary measures might result in notes on your academic transcript, which would be visible to potential employers or postgraduate programs.
- Professional Licensing Complications: If you're aspiring to a profession that requires licensing (such as law, medicine, or engineering), having a disciplinary record could obstruct your ability to obtain such licenses.
The Role of the Lento Law Firm Team in Your Student Defense
As a student in Nevada, an accusation of misconduct can place you at a distinct disadvantage within the disciplinary process of your college or university. Unlike the criminal justice system, there is no guaranteed presumption of innocence where most schools are concerned--and school authorities can impose discipline based only on a "preponderance of the evidence" standard rather than finding you guilty "beyond a reasonable doubt." Therefore, any allegations from your school could pose a serious risk to your academic journey, even if you are innocent. Attempting to address these charges alone might increase the likelihood that you'll receive a more severe penalty. However, engaging a seasoned education lawyer early in the process can significantly improve your prospects of achieving a favorable outcome. Here's how the Student Defense Team at Lento Law Firm can help:
- Evaluating the Accusations: Our team meticulously examines the accusations against you to devise the most potent defense strategy tailored to your specific situation.
- Evidence Collection: We gather pertinent evidence and identify potential witnesses to strengthen your defense.
- Negotiation for Favorable Resolution: Our team is equipped to guide you through adept negotiations with the institution and/or its legal representation to obtain the best possible outcome for your case—and we can even negotiate on your behalf where permissible.
- Guidance for Disciplinary Hearings: We will steer you through the preparation for your disciplinary hearing and fine-tune your arguments.
- Pursuing Legal Action: In rare instances where the school appears to be egregiously overstepping its legal boundaries, we can consider options for legal action against the school.
Your education represents a substantial investment of time, effort, and resources. Having that education unfairly disrupted over something that happened off-campus may very well be a violation of your rights. If you're a Nevada college or university student confronted with disciplinary action or a parent of such a student, the Student Defense Team at the Lento Law Firm is prepared to safeguard your rights and strive for the most favorable resolution possible. Contact us today at 888-535-3686 or via our online form to schedule a consultation.
