What happens off campus doesn't always stay off campus. College and university students may find they're facing disciplinary action after a wild weekend or other events that occurred entirely off campus and outside of their time as students.
With some exceptions, colleges and universities set their policies rather than implementing federal or state laws. Most schools have regulations about how and when off-campus student conduct may result in disciplinary action. It doesn't matter if a school is public or private, a community college or a research university. All have the power to set their policies and require students to follow them.
That something occurred off campus or outside of school hours isn't an automatic defense against school discipline. Schools may, however, overstep and rely on vague policies that allow for inconsistent enforcement. A college may ignore that they have insufficient evidence or rely on cherry-picked information.
Even when a student did commit the action in question, there may be mitigating circumstances. A school may also be unduly harsh in levying sanctions against a student.
Disciplinary action can be serious for students. Even minor sanctions can affect a student's education, what activities they can participate in, when they graduate, and their future career.
Don't assume a school disciplinary action is no big deal or ignore it because, in your opinion, the school shouldn't get involved because it occurred off campus. Your university can get involved, and failing to defend yourself against the charges can have serious consequences for you. The Education Law Team at the Lento Law Firm can help. Call us at 888-535-3686 or fill out an online form.
When and How Colleges and Universities Can Discipline Students
From the time a student applies to a school until they have a degree, colleges, and universities have regulations about student behavior and actions. Usually found in a school's code of conduct, these policies should state how and when a school may discipline a student. While many codes are similar, each college or university sets its own policies. Students should follow those policies rather than general advice.
The University of North Dakota states that their code of conduct applies once a student is admitted until they graduate. North Dakota State University highlights that students may be accountable under more than just the university's code of conduct. Schools may have a student-athlete code of conduct or hold certain student-body leaders to a higher standard.
Schools should have explicit policies about when the school will get involved in off-campus student conduct. Those expectations should be communicated and easily accessible to students.
First-Year Students
For students who are starting college after graduating from high school, one of the challenges can be appreciating the difference in expectations between K-12 and college. There's significantly more regulation on K-12 schools, and students aren't expected to take control of their education in the same way as college students.
The majority of students in college are over 18. They're legally adults, and schools treat them as adults who are capable of advocating for themselves and being more independent. This doesn't mean that they aren't required to follow university policy, but they're expected to be more proactive in their education and know school rules, including what actions or behaviors the school bans or regulates.
Common Types of Off-Campus Misconduct
Every college and university has the freedom to set their policies and procedures. This includes what student conduct the school allows. What follows are examples of commonly regulated off-campus activities and behavior.
In some cases, the line between on-campus activities and off-campus activities can be difficult to determine. Academic misconduct may be treated differently than other disciplinary actions, and students should check their university's code of conduct to know their school's exact procedures.
Criminal Activity
Violating any federal, state, or local laws may result in disciplinary action, regardless of whether charges are filed or if you're convicted of a crime. If you're facing criminal charges, even if not convicted, a school may still choose to discipline you. A conviction isn't necessary or required.
That a university institutes disciplinary procedures against a student facing or convicted of criminal charges isn't double jeopardy. While the legal system can't convict you twice for the same offense, a college or university's disciplinary proceedings are different. They aren't convicting you of a crime but claiming that your behavior or actions violated their policies.
University of Mary's code of conduct includes an explanation of the difference between the school's disciplinary procedures and the legal system. The university highlights that the U.S. Supreme Court has set the standard of courts rarely interfering with college codes of conduct and disciplinary proceedings.
Social Media and Online Activities
An increasing number of colleges and universities have policies on students' online behavior, even if it occurs off-campus. Lake Region State College bans any electronic threats, even those that occur through a third person. The college's policy is open-ended, allowing for the school to regulate electronic communication through emerging technology.
Sexual Harassment, Assault, or Discrimination
Title IX regulates sex-based discrimination. It's one of the few areas of student conduct where the federal government has laws. Any school that receives federal funding must comply with Title IX, and it covers the entire school.
Title IX sanctions can be especially serious in affecting a student's life far beyond their school years. Any accusation of sexual harassment or assault, even one without evidence, can negatively affect a student's reputation. If facing any sort of Title IX or sexual harassment claim, students should immediately contact the Education Law Team at the Lento Law Firm.
Threats to Health and Safety
Colleges and universities generally prohibit any action or behavior that puts another person at risk of bodily injury or harm. This can also include protecting a student from self-harm.
Firearms
Threats to health and safety can include unauthorized possession of a firearm or other weapon unless allowed by school policy. Lake Region State College, for example, bans all firearms except in limited, school-approved situations.
Hazing
An increasing number of colleges and universities have policies limiting or prohibiting hazing. Once considered a rite of passage, the practice has been increasingly scrutinized in recent years due to reports of serious injuries and death.
The University of North Dakota defines hazing and provides a nonexclusive list of acts that may be considered hazing. The school bans hazing even if the students being hazed agreed to participate.
Freedom of Speech and Expression
Both the First Amendment and North Dakota law protect students regarding their right to assemble and engage in freedom of speech. North Dakota has a free speech law that applies to all public colleges and universities.
In limited situations, however, colleges and universities may regulate student speech and expression. In general, however, a school cannot discipline a student because the administration disagrees with the student's viewpoint.
Intellectual Property and Misuse of School's Name
Students may face disciplinary action if they misuse a school's name or mascot, or act as a representative of the school without approval. North Dakota State University bans infringing on intellectual property, unauthorized use of the school's trademark and name, and misusing proprietary information.
Background Check
Schools may require students to undergo a background check before enrolling. If a school later discovers a student lied or omitted information, they may decide to institute disciplinary action against that student. Minot State University provides an example of what a university may require as part of a background check.
Drugs and Alcohol
Even if over 21, colleges and universities may have policies limiting alcohol consumption by students. Those attending school in North Dakota should also keep in mind that marijuana remains illegal in the state.
As of 2019, North Dakota allows medical marijuana and has decriminalized possession in some situations. Even if decriminalized, however, schools may still levy disciplinary action against students found to be in possession.
Bismarck State College explicitly states that activities related to drugs and alcohol could result in disciplinary action. This includes any student, even those who are over 21, who brings drugs or alcohol onto campus or is under the influence of either while attending a school-sponsored event.
Religious Schools
Private schools with religious affiliations may have additional conduct requirements. Religious schools may expect students to follow certain policies and procedures to adhere to the school's faith.
The University of Mary, for example, is a Catholic university that follows church doctrine. While not related to its code of conduct, the school was recently part of a lawsuit against the federal government regarding provisions of Obamacare that they believed violated tenets of the Catholic faith. The Eighth Circuit Court of Appeals sided with the university, and the government didn't appeal that decision.
In 2023, a judge dismissed a lawsuit filed by LGBT students. They were attempting to challenge Title IX's religious exemption. The case highlighted the deference courts often give to religiously-affiliated colleges and universities. This includes allowing schools to set their policies on student conduct and behavior, up to and including potentially discriminatory actions against students due to their sexual orientation.
These two decisions underline the freedom that the government gives to religious organizations. Students who attend a religious university may be expected to follow additional requirements on acceptable conduct.
Students found violating religious-based conduct requirements may have difficulty in challenging the case if they use religious grounds as the basis. A student's religious expression doesn't automatically trump a school's religious affiliation, especially when those policies were in place when the student applied to and began attending the school. Students should instead focus on other reasons to challenge a school's disciplinary decision. The Education Law Team at the Lento Law Firm can help students find grounds to protect themselves against disciplinary actions at religious schools.
Parental Notification
Schools may choose to notify your parents or legal guardians. The Family Educational Rights and Privacy Act (FERPA) allows colleges and universities to notify parents in certain situations. For example, if a student is under 21 years of age, a college or university may notify them of any drug or alcohol violation.
Retaliation
North Dakota bans retaliation, or any attempt to punish someone from either engaging in a lawful action, refusing to participate in an unlawful action, or reporting unlawful actions. If a student believes a school has initiated disciplinary proceedings against them as a form of retaliation, they should contact the Education Law Team at the Lento Law Firm immediately.
Potential Disciplinary Actions
Colleges and universities can issue sanctions ranging from minor, such as a letter placed in a student's file, to major, up to and including expulsion. Schools set their sanctions and other disciplinary actions and should make that information easily accessible to the student body.
North Dakota State College of Science includes a list of sanctions as well as potential conditions in its Code of Student Conduct. The college explicitly states that the school may consider a student's previous experience with the student conduct process, even when no disciplinary action was taken, as far as the student's knowledge of the school's expectations and the process.
Sanctions that are commonly used by colleges and universities include:
- Verbal warning
- Written warning
- College community service
- Restitution and/or fines
- Probation
- Restricting access
- Losing on-campus housing privileges or other privileges
- Exclusion from campus activities or other parts of campus life
- Suspension
- Expulsion
All of this information, including how to appeal discipline decisions, should be readily accessible to students. This includes what evidence a student can present during hearings, including whether they can have witnesses or legal counsel during a hearing.
Students who attend public colleges and universities in North Dakota have a right to counsel during disciplinary proceedings. This right is limited to disciplinary proceedings that may result in suspension or expulsion, but a college or university cannot prevent a student from consulting with the Lento Law Firm outside of a hearing.
Protect Your Future
Schools view students as representative of a college's mission and reputation. This is one of the grounds used to allow colleges and universities to regulate student conduct off campus and outside of school hours. A school deciding to punish a student for drinking off campus may seem ridiculous, but the resulting disciplinary action can be serious for the student.
Schools do have an obligation to make all students feel safe, but they can also use these codes of conduct zealously. Colleges may fail to provide students with the chance to defend themselves and present evidence that explains the situation or shows their innocence.
In disciplinary actions, colleges and universities aren't on the side of the student, and students need to make sure they have someone advocating for them throughout the process. The Education Law Team at the Lento Law Firm assists students throughout North Dakota and nationwide in defending themselves against disciplinary action and protecting their education and their future. Call us at 888-535-3686 or fill out an online form.
