Perhaps you're still not sure how it happened. As a committed student at a New York college or university, your focus has been on getting a good education and getting into trouble was the last thing on your mind. Maybe a night out with friends to "blow off steam" went awry. Maybe you drank a little too much and ended up vandalizing someone's car. Maybe you got arrested. Maybe it was an online rant that you now regret. Whatever the case, it happened off campus, so after the dust settled, you figured it was over. But now you've gotten notice from the school that they are considering disciplinary actions against you--for something that didn't even happen on school grounds!
Believe it or not, you're not alone in this predicament. Unbeknownst to many students (and their parents), many colleges and universities across the country (including in New York) assert some level of jurisdiction over the behavior of their enrolled students while off campus...and in some cases, it can even lead to suspension or expulsion from the school. If you're not fully aware of your rights in this type of scenario, your entire academic future could be unfairly jeopardized. That's why it's of the utmost importance to seek counsel from an experienced education attorney at the first indication of trouble: doing so can greatly improve your chances of emerging from this situation unscathed.
If you're a student in New York facing disciplinary action from your school, or if you're the parent of a student in trouble, the Student Defense Team at the Lento Law Firm can help. Our team has a wealth of experience nationwide in assisting students and their parents to address and resolve these types of disputes, and we will work to ensure your rights are protected while helping to negotiate a favorable solution. Contact the Lento Law Firm at 888-535-3686 today or online for a consultation.
How Can My College Discipline Me for Off-Campus Incidents?
Many students mistakenly believe that if their alleged violation or misconduct happened off-campus, the school has no jurisdiction over the matter. But the fact is that numerous New York colleges and universities have policies in which they claim to have authority to discipline certain off-campus actions that impact the school. Each institution has its unique guidelines for determining whether it has jurisdiction, and occasionally, the legality of a policy can be challenged if it appears overtly unfair. As a general rule, as long as these stipulations are put into writing (usually in the school's Student Code of Conduct), you are assumed to accept these policies once you enroll as a student. If you're suspected of breaching these rules--whether on or off campus--the school may pursue disciplinary measures against you.
However, even with written policies concerning off-campus actions, actual enforcement remains somewhat ambiguous, and the fairness of these policy implementations may be open for debate. While legal intervention may sometimes be required if a student's rights have been violated, schools generally wish to avoid this result--so having the negotiation skills of an education attorney can usually bring a fair resolution. However, since most parents and students have a lack of awareness about these nuances, off-campus incidents frequently lead to devastating repercussions that could have been avoided.
The Student Defense Team at Lento Law Firm has a proven track record of aiding students accused of misconduct, both on and off campus. We understand the complexities of school regulations, student rights, and due process procedures in New York institutions, and we're adept at utilizing these elements to reduce or eliminate potential penalties against students, even in complex situations.
Determining Disciplinary Action for Off-Campus Misconduct by New York Schools
There is no standardized set of guidelines that colleges and universities use to assert authority over alleged off-campus misconduct, which adds to the confusion for students. Each institution formulates its own policies in this area, with wording ranging from very specific to very vague--and even when enforcing written policies, many schools still decide on a case-by-case basis whether to assert jurisdiction over an off-campus incident. Just to give some examples of how these rules vary from school to school, consider the following examples:
- The University at Buffalo (part of the SUNY system of state schools) exerts authority over off-campus conduct that "adversely affects the University community, including any of its members, and/or the pursuit of its objectives and mission. In addition, illegal conduct off-campus may be adjudicated on campus as a violation of the Student Code of Conduct, and students outside of the United States may be held responsible on campus for violations of the laws of the country where they are visiting/residing." (Other schools in the SUNY system, like Empire State University, display a similar wording in their Codes of Conduct.)
- The Student Handbook of Fordham University in New York City contains a detailed section on off-campus conduct, specifically targeting illegal use of alcohol and drugs and other criminal offenses occurring off-campus. The school also "reserves the right to investigate and subsequently apply University discipline in certain off-campus situations."
- New York Institute of Technology encapsulates its off-campus discipline policy in this sentence within its Student Handbook: "For violations that do not occur on New York Tech property, action will be considered if New York Tech officials decide that institutional interests are involved."
How Colleges and Universities Decide Whether to Exert Authority Over Off-Campus Conduct
The previous examples aside, the scope and nature of off-campus disciplinary actions vary greatly from one institution to another. While it is impossible to provide an exhaustive list, the following sections highlight some common circumstances under which many New York schools might exercise their jurisdiction.
Connection to School-Endorsed Activities
Universities often exert authority over off-campus incidents if they are directly or indirectly related to an activity or event endorsed by the institution. This could include study abroad programs, internships, research initiatives, or field trips. For instance, if a student is accused of assaulting someone during a study abroad program overseas, the university may consider the offense to be under its jurisdiction.
Criminal Activity
If a student's off-campus conduct violates local, state, or federal laws, the college or university may choose to impose disciplinary action regardless of whether official criminal charges are filed. This applies particularly if the behavior tarnishes the institution's image or disrupts the educational environment.
Off-Campus Academic Misconduct
Schools frequently assert authority over academic infractions that occur off-campus, including instances of plagiarism or cheating. This jurisdiction can also extend to academic misconduct by off-campus study groups or team projects.
Online Misconduct
In the current digital era, a university may assert jurisdiction over online behaviors if they involve cyberbullying, threats, harassment, or other forms of misconduct affecting the campus community. This can also apply to instances of cheating using online resources.
Misconduct During University-Authorized Events
Colleges will typically assume jurisdiction over off-campus incidents that occur during university-sponsored events. This covers cases where school equipment is used or when the event falls under the institution's authority, such as misconduct during a conference, athletic event, or social gathering.
Affiliation with University-Recognized Organizations
If a student's alleged off-campus misconduct happens during activities associated with university-recognized organizations (like fraternities, sororities, or sports teams), the university may choose to assert jurisdiction and impose disciplinary actions.
Honor Code Violations
If a school imposes an Honor Code in which students must agree to uphold certain moral values (as often happens in religious or faith-based schools), the school is likely to exert jurisdiction if a student commits a violation of that code, whether on or off campus.
Threats to Health and Safety
If a student's alleged off-campus behavior poses a direct or indirect threat to the health and safety of others within the university community, the university may choose to intervene. Examples might include things like drug trafficking, possession of dangerous weapons, or threats of violence.
Damage to University Reputation
When a student's off-campus behavior significantly harms the university's reputation, the institution may decide to take disciplinary action. This is particularly applicable if the behavior involves public figures, business or corporate partners, politicians, or other significant stakeholders.
Sexual Harassment, Assault, or Discrimination
Although Title IX, a federal law, specifically relates to schools receiving federal funding, many schools have their own policies regarding student sexual misconduct. Consequently, those schools may choose to intervene in cases of off-campus sexual harassment, assault, or discrimination, particularly if both the alleged perpetrator and victim are students.
Potential Repercussions of Off-Campus Misbehavior in New York
If your college or university decides your off-campus misconduct falls within their jurisdiction, they will likely rely on their customary disciplinary processes as if the offense occurred on campus. This process may include an inquiry, witness testimonies, and formal or informal adjudications. If the school concludes, based on the preponderance of evidence, that misconduct has indeed occurred, it may enforce one or more of the following disciplinary sanctions:
- Probation: A stipulated period during which any further violation could compromise your status within the school.
- Loss of Privileges: You could be barred from engaging in specific activities or accessing certain facilities, or you may lose other privileges, such as parking permits or the ability to officially represent the university.
- Restitution: You may be required to compensate for loss, damage, or injury, either through appropriate service or monetary/material reimbursement.
- Educational Programs: You may be compelled to participate in educational programs pertinent to the offense committed, such as workshops or online courses.
- Suspension: You could be temporarily removed from the university for a specified duration, during which you are not permitted to attend classes or university-related events.
- Expulsion: This involves permanent disassociation from the university and possibly a loss of all academic progress to date.
- Revocation of Degree: In severe cases, a degree conferred by the university may be rescinded.
Long-Term Implications of School Disciplinary Actions
The fallout of being disciplined for student misconduct can have far-reaching effects. If the school decides to impose disciplinary actions against you, even for something that happened off campus, the long-term impacts on your future can be significant. These potential consequences include:
- Challenges with Academic Progress: Suspension or expulsion could interrupt or halt your academic progress, making it more challenging to attain your degree. Expulsion could also complicate your efforts to secure admission into another school to complete your studies.
- Transcript Notations: Disciplinary actions might lead to notations on your academic transcript, which may be seen by potential employers or postgraduate programs.
- Professional Licensing: If you're pursuing a career that necessitates licensing (like law, medicine, or engineering), having a disciplinary record can sometimes affect your ability to secure such licenses.
- Graduate School Admissions: Many postgraduate programs require applicants to disclose any disciplinary actions during the application procedure. Disciplinary action could reflect badly on your application.
- Financial Aid Eligibility: Some disciplinary actions can disqualify you from certain types of financial aid, including loans, grants, and scholarships.
How the Lento Law Firm Team Can Help
In student disciplinary proceedings, there's no guaranteed presumption of innocence, and the evidence threshold required to deem you guilty is relatively low. You can obviously address these issues on your own, but coming from a place of disadvantage, your chances of an unfavorable outcome are much higher without getting some sort of help. Engaging a seasoned education attorney early in the process provides your best opportunity for exoneration and/or leniency. Here's how Lento Law Firm's Student Defense Team can help:
- Evaluate the charges against you and advise you on the most effective defense strategy for your case;
- Compile evidence and solicit witnesses to strengthen your defense;
- Negotiate with the school and/or their legal representatives to reach the most favorable resolution;
- Draft a compelling written rebuttal to the complaint against you;
- Aid you in preparing for your disciplinary hearing and reviewing your arguments; and
- In exceptional cases, initiate litigation against the school (if the school is clearly overstepping its legal boundaries).
If you're a New York student facing disciplinary action—or if you're a parent of such a student—know that the Lento Law Firm Team is dedicated to protecting your rights and working to secure the most advantageous resolution possible. Contact us at 888-535-3686 or by using our online form.
