When you enrolled at a South Dakota college or university, you never expected to face this kind of predicament. Your primary focus has been your education, but perhaps an evening of "blowing off steam" with friends unexpectedly took a misguided turn. Maybe you consumed too much alcohol and impulsively stole a vehicle for a so-called "joyride." You might have shared a questionable post against another individual on TikTok. Maybe you found yourself embroiled in a physical fight with another student at a bar. Or you could be the innocent victim of false accusations without having committed any wrongdoing. Now, to your shock and consternation, you've received word from your school stating that they are probing the incident, and the consequences could be as severe as suspension or expulsion—even though the incident itself occurred off-campus.
While it may appear unjust, higher educational institutions throughout South Dakota—whether state-run or private—regularly assert their authority to scrutinize off-campus transgressions and discipline their students accordingly. Without the guidance of a seasoned education attorney, your academic trajectory could be seriously derailed, jeopardizing your future in the process. The Lento Law Firm's Student Defense Team possesses a wealth of experience assisting students and their parents in navigating and resolving these types of issues nationwide. If you're a South Dakota college student facing potential disciplinary repercussions due to an off-campus event, or if you're a parent of a student who has been implicated, contact the Lento Law Firm today at 888-535-3686 to schedule a consultation, or connect with us through our online form.
Can My College Really Penalize Me for Something That Happened Off-Campus?
A common misconception held by many students is that if their supposed misbehavior or violation of school rules took place off-campus, the college or university lacks jurisdiction (and, ideally, should remain oblivious to what happened). Nevertheless, a majority of South Dakota's higher educational institutions have instituted policies that permit them to intervene in certain off-campus incidents.
The specific criteria and guidelines that each institution uses to assert its authority will vary, and occasionally, the legality of these policies may even be dubious. However, for the most part, as long as the regulations are documented within the school's disciplinary policies or student Codes of Conduct, students are assumed to be bound by these rules upon enrollment. If the school administration suspects you've breached these rules—either on or off campus—they may initiate disciplinary proceedings against you.
However, the extent of a school's actual legal authority over off-campus behavior remains a matter of some debate, regardless of their written policies. While sometimes litigation becomes necessary if the school has overstepped, most of these uncertain elements can usually be resolved through adept negotiation and knowledge of a student's rights in the situation. The issue arises when students are unaware of these subtleties and face unwarranted disciplinary actions with potentially enduring consequences that could have been evaded.
The Student Defense Team at the Lento Law Firm boasts nationwide experience in defending students accused of misconduct, both on and off campus. We're well-versed in the intricacies of school regulations, student rights, and due process procedures in South Dakota schools, and we know how to utilize this knowledge to minimize or nullify potential penalties—even in the most complicated cases.
Criteria Adopted by South Dakota Schools to Discipline Off-Campus Conduct
There's no standardized set of criteria that colleges and universities use to exert control over off-campus misconduct (a factor that often leads to confusion). Rather, each school formulates its own policies under which it can intervene and impose disciplinary action. These policies can sometimes be highly detailed, while at other times, they may be somewhat ambiguous. More often than not, the decision to take action is made on a case-by-case basis, guided by a set of factors deemed relevant by the institution.
That being said, the South Dakota Board of Regents has established Code-of-Conduct policies that extend to all state universities across South Dakota-including South Dakota State University, the University of South Dakota, Black Hills State University, and others. This Code of Conduct is quite broad in declaring school jurisdiction over off-campus activities for students within the state university system, stating that the schools have the authority to discipline any off-campus violation that "adversely affects the University, any Organizations, members of the University community, or the pursuit of their lawful objectives."
Likewise, private colleges and universities in South Dakota tend to use broad brush strokes in defining their off-campus authority. Dakota Wesleyan University, for example, states in its Code of Conduct that its policies apply to "any behavior by DWU students, on or off campus, that may adversely affect the university or the community." Augustana University's statement of off-campus jurisdiction is even more ambiguous, claiming authority to discipline off-campus and online behaviors "when the conduct affects a substantial university interest."
Key Factors that May Trigger Disciplinary Action for Off-Campus Incidents
The above policies aside, most colleges and universities reserve the right to discipline conduct on a case-by-case basis--but what factors do they use to make these determinations? For example, how do school authorities at Augustana University decide what constitutes a "substantial university interest?" This list is by no means exhaustive, but many South Dakota institutions may assume jurisdiction if one or more of the following elements are present.
Connection to School-Sponsored Programs and Activities
If the alleged misconduct is directly or indirectly associated with an academic activity or event—like a field trip, overseas study program, internship, or research assignment—the university might assert jurisdiction.
Academic Misconduct
Most schools will assume authority over incidents of academic dishonesty (e.g., plagiarism, cheating) regardless of where this behavior occurs.
Violation of Local, State, or Federal Laws
If a student commits a crime, the school may assume jurisdiction, especially if the behavior tarnishes the institution's reputation or disturbs the educational environment. This holds even if the alleged activity does not lead to criminal charges.
Online Misbehavior
In today's digital era, online conduct can also come under the purview of university jurisdiction, especially acts like cyberbullying, threats, harassment, or other forms of misconduct impacting the campus community.
Sexual Harassment or Assault
Technically, since Title IX is a federal law affecting schools receiving federal funding, Title IX violations like sexual harassment and assault apply only to alleged incidents happening on campus. However, most schools have their own separate policies regarding student sexual misconduct. In specific cases where the alleged perpetrator and victim are students, the school may choose to intervene even if the incident happened off-campus.
Connection with University-Recognized Organizations
If your supposed off-campus misconduct happened while engaging in activities with university-recognized organizations (such as fraternities, sororities, or sports teams), the university may assume jurisdiction and enforce discipline.
Honor Code/Moral Code Violations
Some schools might require students to sign an Honor Code, pledging to uphold specific moral standards of behavior both on and off campus (e.g., abstaining from premarital sex, alcohol consumption, etc.). This requirement is quite common in faith-based schools, for example. If a student's off-campus conduct violates these standards, the school could assert the right to impose disciplinary actions.
Threats to Community Health and Safety
If your alleged off-campus actions pose a direct or indirect threat to the health and safety of others within the university community, the university may decide to intervene.
Damage to University Reputation
If a student's off-campus conduct significantly tarnishes the university's reputation, the institution may opt for disciplinary action. Even in instances where there is no direct link to university activities, the school may still choose to take disciplinary action if they believe their reputation has been significantly compromised.
Potential Repercussions for Off-Campus Misconduct in South Dakota
If your school deems your off-campus actions as falling within their purview, they'll likely initiate their usual disciplinary procedures, just as they would for an on-campus incident. This process can include investigations, testimonies from witnesses, informal and formal hearings, etc. If the institution concludes, based on the preponderance of evidence, that misconduct has indeed transpired, they may decide to implement any of the following sanctions:
- Probation: A designated period during which any additional violation could jeopardize your standing at the school.
- Loss of Privileges: You might be barred from engaging in certain activities or accessing specific facilities, or you might lose other privileges like parking rights or the opportunity to represent the university in an official capacity.
- Fines/Restitution: You might need to make amends for loss, damage, or injury. This could involve fines, appropriate service, monetary compensation, or material replacement.
- Suspension: You might be temporarily banned from the university for a set period, during which you are prohibited from attending classes or university-related events.
- Expulsion: This denotes permanent separation of the student from the university.
- Revocation of Degree: The school may revoke any degrees you've already earned, especially if egregious misconduct was involved.
Implications for Your Future
The long-term ramifications of being disciplined by your school are greater than what meets the eye. Even if the misconduct occurred off-campus, if the school enforces disciplinary action, it could have enduring repercussions on your future. Some of these potential impacts include:
- Loss of Academic Progress: Suspension or expulsion can delay or even obstruct your academic progress, making degree completion more challenging. (Expulsion from one school might restrict you from gaining admission to another.)
- Transcript Notations: Disciplinary actions might lead to notations on your academic transcript, which potential employers or graduate programs can view.
- Professional Licensing: If you're working towards a profession requiring licensing (like law, medicine, or teaching), a disciplinary record might make it more difficult to secure such licenses.
- Graduate School Admissions: Numerous graduate programs require applicants to disclose any disciplinary actions during the admissions process, which could adversely affect your chances of acceptance.
- Financial Aid Eligibility: Some disciplinary actions could impact your eligibility for financial aid, including loans, grants, and scholarships.
The Lento Law Firm: Your South Dakota's Student Defense Team
With high stakes and significant potential losses, facing allegations of student misconduct in South Dakota is a challenge you don't want to face alone. In student disciplinary processes, the presumption of innocence isn't guaranteed, and the school's burden of proof required to establish your culpability is relatively low. Your best chance for vindication or leniency is to engage an experienced education attorney at the earliest sign of trouble. Here's how the Lento Law Firm Team can assist:
- Assessing the Accusations Against You: We'll scrutinize the allegations leveled against you and guide you on the most effective strategy to counter these accusations—even if your hearing does not allow you to have official legal representation.
- Evidence Collection and Witness Coordination: We will gather crucial evidence and coordinate with witnesses to build a solid defense on your behalf.
- Negotiations with School Authorities: We'll advise you on negotiation with your school and/or their legal representatives to strive for the most favorable resolution--and when possible, we'll negotiate on your behalf.
- Articulating a Strong Written Response: Upon request, our team will draft a persuasive written response addressing the complaint lodged against you.
- Hearing Preparation: We'll help you prepare adequately for your hearing, ensuring you know what to expect.
- Litigation Steps in Exceptional Cases: In rare instances when it's evident that the school is overreaching its legal authority, we'll explore the possibilities of litigation with you.
Don't gamble with your academic and professional future. If you're a student in South Dakota dealing with a school discipline issue—or if you're a parent of such a student—the Lento Law Firm Team is committed to safeguarding your rights and securing the best possible outcome. Reach out to us at 888-535-3686 or connect with us via our online form.
