You go home from college for a weekend and wind up going out with a few friends. You have a little too much to drink and make the mistake of getting behind the wheel. Luckily, the cops pull you over before you do any damage. It's a first offense. You plead guilty and pay the fine. It's embarrassing, but you pick yourself up and head back to school. When you arrive, though, you discover your school is now charging you with breaking the law, and it's threatening to expel you.
Or maybe you got caught up in a bar fight downtown. Or you've been charged with stalking. Or you borrowed a friend's car without asking, and they decided to press charges. Off-campus incidents can have serious repercussions on your education, even if the accusations against you concern off-campus events and even if those events have nothing whatsoever to do with your role as a student.
If your school is trying to punish you, don't simply accept a sanction like probation, suspension, or worse. You always have the right to fight for your future. The Lento Law Firm can help. We've helped hundreds of students deal with every type of allegation. We're committed to making sure you're treated fairly and that you get the very best possible resolution to your case.
The only question is what we can do for you. To find out, call 888-535-3686 or use our automated online form.
Can My College Really Charge Me for Alleged Misconduct That Occurred Off-Campus?
A university is a community. Like all communities, it needs rules if it's going to work efficiently and everyone in the community is going to get along. The question is, should those rules apply when you're not actually in that community? If you're off campus, can your college really charge you with misconduct?
The short answer is yes.
School rules are typically collected into a Student Code of Conduct. Almost all of these codes contain at least one prohibition against breaking the law. You can sort of see the logic of a rule like that. You probably don't want someone convicted of breaking and entering or assault living in the dorm room next to yours. And your school doesn't want to have to worry about a threat to the campus or the liability they might face if something goes wrong. Hence the rule.
Fair enough. The thing is, if you read the fine print—and you should always read the fine print—you might find that it doesn't take a criminal conviction to get you a disciplinary sanction. Some school policies include language like that. Others, though, offer more broad-based statements. William and Mary's Code of Conduct contains this statement: “The university considers the observance of public laws of equal importance to the observance of its own rules and regulations.” Must you be convicted of a crime to be accused of committing one by the university? Not necessarily. And keep in mind that your school doesn't have to prove you guilty “beyond a reasonable doubt” the way the courts do. If they believe it is “more likely than not” that you committed an offense, they can discipline you whether or not you've been convicted of or even charged with a crime. Should another student simply think you've broken the law, that could be enough.
In fact, the law doesn't have to be involved at all. George Mason University's code talks about violations of the “provision of a lease, homeowner's or condominium's association rules or bylaws.” And if you attend a religious school, you could be subject to rules barring drinking or sex outside marriage. Obviously, it doesn't matter where you break these rules. If you break them, you face punishment.
How do schools get away with such all-encompassing rules? The simple answer is that when you enroll at a college or university, that enrollment counts as a contract. In fact, your school may actually have asked you to sign a contract stating that you agree to abide by all school policies. You may not have bothered to read the fine print that says these policies apply off campus as well as on, but a contract is a contract. Sort of, anyway. There is some question about just whether schools can assert this kind of broad-based authority. The other important point to remember, though, is that most students are too cowed by their universities to complain.
You do have the right to defend yourself, though, and all schools provide you with some due process procedures for doing this. Generally speaking, you have three possible defenses.
- You can disprove your university's case against you.
- You can argue that the sanction they're proposing is disproportionate to the offense.
- If the charges spring from an off-campus allegation, you can argue that the university simply doesn't have jurisdiction over you, leaving aside the question of whether or not you are Responsible.
A campus judicial case is never a simple matter, though, and jurisdictional cases can be especially tricky. In addition to developing a strategy, navigating rules and procedures, organizing evidence, and coming up with questions for witnesses, you must also address subtle wording in school policy statements, and you need to know exactly what the law has to say about the authority granted to institutions of higher education. That's a tall order when you're trying to keep up with your calculus homework. You need someone to help, someone with the background and experience to handle all these difficult tasks. You need someone from the Lento Law Firm.
Criteria Used by Virginia Schools to Discipline Off-Campus Behaviors
Yes, your school can discipline you for off-campus conduct, but it can't discipline you for just anything. Let's talk about some of the concrete justifications schools use to intervene in off-campus matters.
Of course, every school in Virginia is different, and they maintain different jurisdictional policies. Some schools, like Virginia Tech, insist all of their policies apply to all of their students all of the time:
Students and student organizations that violate the Student Code of Conduct may be considered for disciplinary action whether the conduct occurs on or off university property, including but not limited to in-state, out-of-state, and outside of the United States.
More commonly, though, schools use a set of criteria to decide if a given allegation warrants school involvement. These criteria include
Connection to School-Sponsored Activities
School-sponsored activities do sometimes occur at off-campus locations. Your school might host a freshman picnic, for instance, at a local park. If your school has sponsored it, you're responsible for following school policies, no matter where it takes place.
Connection to School-related Activities
Some schools go further and assert jurisdiction over “school-related” activities. Theoretically, such policies would cover studying or completing homework assignments. A few schools even argue that activity that threatens a community “member” is subject to disciplinary action, even if it has no direct bearing on the school's educational mission.
Academic Misconduct Off-Campus
All forms of academic misconduct, including cheating and plagiarism, are always subject to investigation, adjudication, and sanction. Where such activities take place is irrelevant, as ultimately, student coursework is submitted to the school. Thus, the school always necessarily has a stake in the outcome.
Violation of State or Federal Laws
Again, virtually all schools have some policy barring the violation of local, state, and federal laws. Some schools may not get involved unless you've been convicted. Others view an allegation as enough reason.
Online Misconduct
Misconduct online can bring the same kinds of penalties as “real-world” misconduct. Determining jurisdiction in these cases can sometimes be especially tricky, though. Should you harass a classmate in an online course forum, you can expect the school to act, no matter where you may be located, when you post. However, you could be charged with a conduct violation for posting such a comment on social media as well.
Sexual Harassment, Assault, or Discrimination
Colleges and universities are no longer allowed to investigate off-campus sexual misconduct allegations under federal Title IX guidelines. However, most schools now have their own policies prohibiting such misconduct, and these policies grant them the right to investigate incidents involving students no matter where those incidents take place.
Affiliation with University-Recognized Organizations
Organizations like sororities, fraternities, and intramural sports clubs are subject to university rules regardless of where their activities take place. The fact that the organization is recognized by the university essentially makes the organization's activities “university activities.”
Honor Code/Moral Code Violations
Some schools, especially those with religious affiliations, have conduct codes that go beyond keeping the university community safe to regulating personal behavior. So-called moral codes that ban things like drinking or homosexual relationships are typically applicable both on and off campus.
Threats to University Reputation
While public universities aren't allowed to maintain moral codes, the concept of “university reputation” sometimes works to serve the same function. That is, you don't have to break the law or do harm to another person in order to find yourself under investigation by your school. Should you do something that embarrasses the school's reputation, like go wild on a Spring Break video or commit some other “immoral” act that could get you into trouble, even if it's entirely legal and not specifically barred by the conduct policy.
Threats to Health and Safety
Finally, all schools reserve the right to get involved in incidents when there's a threat to the health and safety of the campus community. Here again, how that community is defined and what qualifies as a “threat” can vary depending on the school.
Possible Disciplinary Actions for Off-Campus Misconduct in Washington
If your school decides to charge you with off-campus misconduct, you'll likely be subject to the same kinds of sanctions you'd face if the allegation concerned an on-campus incident. Again, schools vary, but most use a common set of punishments.
- Verbal or Written Warnings: Schools do sometimes issue warnings for especially minor offenses.
- Educational Programs: Most schools now have educational programs in place to help teach offenders about the nature of their offenses. These might be as simple as an online tutorial or as involved as a full semester-long course.
- Restitution: You can be charged money for doing damage to school property or for injuring another member of the campus community. Normally, schools withhold diplomas until all such monies are paid.
- Probation: Like warnings, probation allows you to continue your education without serving a particular sanction. However, any violation of school policies while you're on probation can have severe consequences.
- Loss of Privileges: Your school could decide to withdraw one of your privileges. You might be barred from participation on sports teams or from involvement in student government. You might also face penalties such as the loss of your parking permit or your access to the campus fitness center.
- Suspension: This involves temporary separation from the university, generally for at least a semester, but sometimes for a year or more. During this time, you are ineligible to take courses, and you may be barred from the university entirely.
- Expulsion: This means permanent separation from the university or separation for a period of several years. Note, as well, that expulsion is almost always noted on your transcript. This will usually discourage other colleges and universities from admitting you.
- Withholding of Degree: Again, your school can decide to withhold your degree pending investigation and adjudication. It can also withhold your degree until you've satisfied the terms of your sanction.
- Revocation of Degree: Even once you graduate, you're not immune from disciplinary action. If a school should discover you committed a previously unpunished offense while a student, it could decide to revoke your degree entirely.
All sanctions are serious matters. Even if the offense of which you've been accused is minor, and even if the punishment seems like no more than a slap on the wrist, if it should become a part of your record—officially or otherwise—it can have long-term consequences to your life and career. A warning about cheating, for example, could interfere with graduate school applications, keep you from getting a good internship, or become an issue during job interviews.
The bottom line is that if you are facing an allegation of misconduct, you need professional help, whether that allegation is related to on-campus or off-campus activities. A full defense is a daunting task, and you can't hope to handle it all on your own. The attorneys at the Lento Law Firm have the knowledge, background, and experience to ensure you're afforded all your rights and that you have the very best chance at success.
The Lento Law Firm: Your Virginia Student Defense Team
The Lento Law Firm understands the stakes when it comes to education. Your career prospects, your financial independence, your reputation—all depend on your education. Any time that's threatened, you must act quickly and decisively to protect yourself. We can help.
We know the law. We know your rights and what your school is and isn't allowed to expect from you. We also know how your school operates. We're used to working with campus disciplinary committees. We know all the rules and procedures you'll face and how to use them to your best advantage.
If you've found yourself accused of some type of off-campus misconduct, don't wait to see what might happen. The school's already building its case. You should be, too. Contact the Lento Law Firm today at 888-535-3686 or use our automated online form.
