"How can my school be disciplining me? I was off campus when it happened!" You'd be surprised at how many college and university students say something to this effect. If you're a student at an Ohio-based university or college, you likely didn't anticipate facing potential suspension or expulsion due to an off-campus incident--yet here you are.
Perhaps it was a night of fun with friends that got out of hand (it happens). Maybe it was an ill-advised social media post made in frustration. Maybe you got in a barroom brawl. Maybe you got arrested. Maybe this was a one-time thing that you regret, and you're trying to move past it. Whatever the case, you thought you were in the clear because it happened off-campus. But when the university got word of it, they decided you were in violation of their Code of Conduct--and now you're facing the possibility of having your academic future derailed.
This might seem unjust, but it's not uncommon. Most educational institutions in Ohio have written policies allowing them to discipline students for certain off-campus misconduct. But that doesn't mean you have no recourse. The Lento Law Firm's Student Defense Team has a solid reputation for successfully helping students and parents with school disciplinary matters, both on and off campus. We can work with you and negotiate with the school and their lawyers to achieve a favorable resolution, usually without the need for formal legal action. If you're facing school disciplinary action for an off-campus incident, contact the Lento Law Firm online or at 888-535-3686 to arrange a consultation.
How Can My School Discipline Me for Alleged Off-Campus Misconduct?
Many students mistakenly believe that off-campus violations are beyond the institution's jurisdiction. But if you read your Student Code of Conduct, you'll likely find some wording in there in which the college or university claims the ability to discipline you for off-campus misconduct in certain instances--even to the point of suspending or expelling you! As long as you're enrolled as a student, the school assumes you've agreed to abide by these standards, and they reserve the right to enforce those standards accordingly--even if the misconduct happens off school grounds.
Granted, there's no universal set of standards by which schools can claim jurisdiction off-campus--and as a result, many of these rules are subject to scrutiny. Sadly, most parents and students lack awareness of their rights in these circumstances, and without appropriate legal advice, students may suffer significant academic setbacks that could have been avoided.
Occasionally, it requires litigation to contest a rule that is clearly an overreach--but most of the time, colleges and universities want to avoid these situations. As a result, there's usually plenty of room for negotiation to get the school to resolve the case more favorably--and that's where the Lento Law Firm Team can help. Our Student Defense Team is well-versed in school regulations, student rights, and due process procedures in Ohio schools, and we know how to leverage this knowledge to mitigate or eliminate penalties for students facing unfair discipline.
What Are the Disciplinary Policies for Off-Campus Misconduct in Ohio Schools?
There is no standard protocol among Ohio colleges and universities for handling alleged off-campus misconduct. Each institution establishes its own rules governing when it can impose disciplinary action. This information is typically found in the institution's Student Code of Conduct, which is accessible to all students.
Some institutions provide detailed guidelines regarding their jurisdiction over off-campus actions, while others use more ambiguous language to afford themselves greater discretion in deciding when to exercise their authority.
To give you an idea:
- Ohio State University lists specific criteria under which it has the right to discipline off-campus misconduct--for example, in any school-sponsored situation or when laws are violated. The policy extends to all OSU campuses.
- In its Code of Conduct, Cleveland State University says it reserves the right to discipline off-campus behaviors "if the student's conduct adversely impacts the interests of the university" and gives several examples of when this rule applies.
- Ohio University gives itself broad authority with its off-campus discipline policy, summarizing it simply as follows: "The “Student Code of Conduct” applies to all students, student organizations, and student groups, regardless of whether or not the alleged behavior occurred on or off campus."
Key Elements That May Trigger Disciplinary Actions for Off-Campus Misconduct
The above examples notwithstanding, most colleges and universities tend to decide on a case-by-case basis whether to enforce what is written in their policies regarding off-campus student conduct. The criteria varies widely from school to school, but some of the most common considerations include the following.
University-Endorsed Activities, Events, and Programs
If the purported misconduct is associated, directly or indirectly, with an event or program sanctioned by the university, the institution may assert jurisdiction. Such programs could include field trips, recruitment events, off-campus research, study abroad programs, athletic events, and social gatherings, among others.
Off-Campus Academic Dishonesty
In the majority of cases, instances of plagiarism, cheating, and other forms of academic misconduct will be met with disciplinary action by colleges and universities, irrespective of the location where the misconduct occurred.
Criminal Acts
In instances where a student's off-campus behavior violates local, state, or federal law, the school may independently investigate and impose discipline, regardless of whether law enforcement pursues formal charges. This is particularly the case when the alleged conduct impugns the institution's reputation or disrupts the academic environment.
Sexual Harassment, Assault, or Discrimination
Title IX, a federal law affecting schools that receive federal funding, technically applies only to alleged incidents occurring on campus. However, many schools have separate policies concerning student sexual misconduct, so in certain cases of alleged off-campus sexual assault or harassment, the school may opt to intervene—especially if both the victim and the perpetrator are students.
Online Misconduct
A student's online activities can fall within the school's jurisdiction if they involve actions like cyberbullying, threats, or harassment of other students—for instance, sharing degrading photos of someone via text or posting racial slurs on social media.
Violations of Honor Code
Certain schools, notably private faith-based institutions, may require their students to adhere to an Honor Code (either separate from or part of the Code of Conduct). The Honor Code often mandates students to maintain specific moral standards of behavior both on and off-campus (e.g., abstaining from premarital sex, alcohol consumption, etc.). If a student's off-campus behavior contravenes the standards of the Honor Code, the school might assert the right to enforce disciplinary actions.
Involvement with University-Recognized Organizations
If the alleged off-campus misconduct takes place during activities associated with university-recognized organizations (such as fraternities, sororities, or sports teams), the university may assert jurisdiction and impose discipline.
Threats to Community Health and Safety
If the student's off-campus actions pose a direct or indirect threat to the health and safety of others in the school community, the college or university may decide to intervene. Examples might include behaviors like drug dealing, possession of dangerous weapons, or threats of violence.
Potential Harm to University Reputation
Colleges and universities frequently opt to impose discipline if a student's actions off campus could tarnish the reputation of the school. For instance, if a student's off-campus actions result in negative publicity or backlash from the community, the institution may choose to discipline the student as a means of protecting its image. This is particularly true for high-profile incidents that attract media attention.
Potential Disciplinary Actions by the College or University
If your school decides that your alleged off-campus actions fall within its jurisdiction and warrant disciplinary measures, the standard disciplinary procedures will be followed as if the misconduct had taken place on campus. This means the school will likely carry out an investigation, gather witness statements, hold both informal and/or formal hearings, etc. If you are found to have violated the Code of Conduct, any of the following sanctions may be applied:
Probation: A specified period during which your actions are under close scrutiny. Any additional violation could lead to suspension or expulsion.
Revocation of Campus Privileges: You could be barred from engaging in certain activities or utilizing specific facilities or services.
Fines and/or Restitution: You may be required to pay for any loss, damage, or injury your actions caused. The school may also levy a fine.
Suspension: Temporary prohibition from attending classes or university-related events.
Expulsion: In severe cases, you could be permanently dismissed from the college or university, potentially erasing your academic achievements thus far.
Revoking or Withholding Degrees: In extreme instances, the university might decide to withhold or revoke any degrees you have already attained.
Long-Term Implications of School Disciplinary Action
The effects of disciplinary action can persist for years, even if the alleged misconduct took place off-campus. If the school successfully disciplines you for misconduct, the lingering consequences may include:
Academic Progress Interruption: Suspension or expulsion can delay or terminate your academic progress, making it harder to obtain your degree. Expulsion from one school may also affect your acceptance at another.
Financial Aid Eligibility: Disciplinary actions can disqualify you from receiving certain types of financial aid, including loans, grants, and scholarships.
Transcript Notations: Disciplinary actions could result in unfavorable notations on your academic record, potentially impacting future employment prospects or graduate program applications.
Professional Licensing Obstacles: If your chosen career requires a professional license (such as law, medicine, or architecture), a disciplinary record could impede your ability to secure one of these licenses.
Graduate School Admissions: Many graduate programs require applicants to disclose any disciplinary actions during the application process, which could negatively affect your chances for acceptance.
The Lento Law Firm: Safeguarding Your Academic Future
As an Ohio college or university student accused of misconduct, the threat to your future may be more severe than you realize. Not only can the consequences be damaging, but students accused of misconduct are not necessarily presumed innocent. In student disciplinary proceedings, guilt or innocence is typically determined based on a preponderance of the evidence, not "guilt beyond a reasonable doubt." However, an experienced education attorney can help level the playing field and increase your chances of achieving a favorable resolution.
The Student Defense Team at the Lento Law Firm can:
- Review the allegations against you and recommend the most effective defense strategy;
- Collect evidence and gather witness statements to bolster your defense;
- Negotiate with the school and/or their legal representatives to reach the most advantageous resolution in your case;
- Assist in preparing for any hearings you may face; Facilitate an appeal if you are found in violation; and
- In exceptional cases, initiate litigation steps if the school is evidently overstepping its legal authority.
If you're an Ohio student facing disciplinary action for off-campus conduct—or if you're the parent of a student facing these issues—confronting these allegations alone could be disastrous. You've invested too much to jeopardize your future now. The Student Defense Team at the Lento Law Firm has helped many students in your position nationwide, and they will fight to protect your rights. Contact us at 888-535-3686 or reach out through our online form.
