It's not easy to get a college degree these days. It's always required hard work in the classroom and a serious commitment to academic discipline. More and more, though, schools are holding their students accountable for a laundry list of rules, and even the slightest infractions come with severe sanctions.
No wonder, then, that when you're away from campus, you feel like a weight's been lifted from your shoulders. A weekend or a fall break means no assignments are due, and no one's watching your every move.
You should know, though: you aren't entirely free from your university, even when you're off-campus. All schools hold students accountable for some of their off-campus behaviors, and a few hold you accountable for all their rules, no matter where you might be in the world.
Unfair? Yes. Illegal? That can depend on who you ask. One thing is for certain, though: your school will hold you accountable for any misconduct you commit if it possibly can, and it probably doesn't particularly care where you are when you commit that misconduct.
How do you protect yourself? How do you make sure a false allegation or an unfair sanction for something you did away from school doesn't derail the work you're doing in school? You contact the Lento Law Firm. We're here for you no matter what problem you might be having with your university. We know how your school's judicial processes work, and we know your rights under the law. Whether you're school's trying to hold you accountable for something you did in the dining hall or for something you did overseas, we're on your side, and we'll do everything in our power to get you the best possible resolution to your case.
For more information, call 888-535-3686 or use our automated online form.
Can My College Really Charge Me for Alleged Misconduct That Occurred Off-Campus?
Let's get this question out of the way first: can your college really charge you for misconduct you committed off-campus? In a word, yes.
If you think about it, that makes sense. After all, if you're a college or university, you want to have a say in whether or not a student who's been convicted of a felony can return to campus. It's awkward having to supply course materials to students in prison. So, almost every school includes a rule in its Student Code of Conduct prohibiting the violation of federal, state, and local laws.
The thing is, these rules don't always require you to be convicted of a crime before they take effect. The University of Washington's code provides that protection. You cannot be disciplined by the University for breaking the law unless you've actually been convicted first. In fact, that's written into state law and covers all public universities in the state. Seattle University is a private school, though, and its code is worded a bit differently: you're liable for “Conduct that attempts to violate or violates local, state, or federal ordinance or law.” Notice the difference? SU reserves the right to conduct an investigation into your conduct whether or not you are actually sentenced by a court for that conduct. And keep in mind: SU doesn't have to prove you guilty “beyond a reasonable doubt.” School policy allows hearing committees to find you guilty if they believe it's “more likely than not” that you committed an offense.
And the fact is, Washington schools aren't just interested in whether or not you've broken the law. Many of them have rules that cover your behavior off-campus, even if that behavior might otherwise be legal. A bar brawl or an ill-advised comment on social media could get you into trouble. Some religiously affiliated schools in the state bar sex outside of marriage, and they will hold you accountable no matter where your offense takes place.
How can they do this?
When you enroll at a college or university, you become part of a community. Like any other community, your campus community needs rules and procedures in order to operate effectively and to ensure every member is safe. Fair enough.
Some schools go further, though, and consider you to be a student 24/7. For them, committing to attend is an agreement to conduct yourself according to their principles. Their argument is that it's like working for a company—you must abide by company policies. Whatever you do while you're an employee ultimately reflects on the company, so the company feels entitled to hold you accountable. Only in this case, you're always an employee, at least until such time as you drop out or graduate.
At a minimum, though, a school can argue that by signing up to attend, you've signed a contract. In fact, you probably signed an actual contract. That contract requires you to follow the rules on campus, and the fine print may also govern your activities off campus.
Is all of this strictly legal? That's a complicated question. In some cases, the answer is absolutely yes, but there are plenty of gray areas when it comes to these issues. Most schools do as they like and assume their students will simply conform to their demands.
You don't have to accept an unfair judgment, though. You can argue for your innocence; you can argue that a proposed sanction is unfair; and if the charge against you concerns an off-campus incident, you can argue that your school simply doesn't have the proper jurisdiction to discipline you.
As you might imagine, though, jurisdictional arguments can be especially complex. It's no picnic defending yourself against any university charge, but these cases involve subtle interpretations of the law and school policy, in addition to just sorting out the facts. You don't want to go into a case like this alone. From the moment your school charges you, you need an attorney from the Lento Law Firm at your side to help you navigate the system and ensure you're afforded all the rights you deserve.
Criteria Used by Washington Schools to Discipline Off-Campus Behaviors
If you've been accused of misconduct for something you did off-campus, the first step in building your defense is finding out just how much jurisdictional authority your school has. Obviously, that will differ from one school to the next.
Washington State University, for instance, doesn't offer a blanket statement on off-campus behavior, but certain rules—such as the prohibition on participation in a riot—do apply both on and off-campus. On the other hand, Whitman University's policy holds students liable for
Conduct that occurs away from campus if the conduct adversely and seriously affects the student's suitability as a member of the Whitman College community.
That would seem to apply to almost any type of misbehavior.
In general, there are a set of standards most schools agree allow them to assert jurisdiction over off-campus incidents.
Connection to School-Sponsored Activities
If your school sponsors an activity, it assumes authority over that activity, for better or worse. Thus, it has the right to discipline anyone participating in that activity who violates school rules. The definition of school-sponsored, though, can vary. Some schools assume that any event that makes use of school equipment, for instance, qualifies as “school-sponsored,” whether it's a track meet or a camping trip.
Connection to School-related Activities
Your school may go further and insist that “school-related” activities are subject to policy. This assertion can have a broad effect since it means school rules apply to virtually anything involving study, from meeting with a study group to reading a textbook.
Academic Misconduct Off-Campus
One type of misconduct that is always subject to school discipline is academic misconduct. If you're committing plagiarism or cheating, it doesn't matter where you are. The act itself undermines the integrity of the educational process generally and violates the student-institution contract.
Violation of State or Federal Laws
This is another prohibition that is almost universal. All schools require their students to follow the law, simply as a matter of principle. Virtually all will discipline students who are convicted of crimes. Many also reserve the right to discipline students on the basis of an allegation, though.
Online Misconduct
In the digital world, it can sometimes be complicated to sort out jurisdictional boundaries. If you're posting to a course web page or interacting on a university website, you should assume that you are—at least virtually—on campus and subject to the Code of Conduct. Posting about a classmate on Facebook could be enough to garner an investigation as well, though.
Sexual Harassment, Assault, or Discrimination
Most sexual misconduct is handled through Title IX, a federal law that bars sexual discrimination and harassment. That law actually protects you from disciplinary action for off-campus incidents. However, many schools maintain parallel policies that allow them to pursue allegations of off-campus sexually-based offenses.
Affiliation with University-Recognized Organizations
If you're participating in an event as a member of a university-recognized organization, your behavior is likely subject to university authority. This includes school-based clubs, sports teams, and Greek societies.
Honor Code/Moral Code Violations
All public colleges and universities in Washington state are governed by state law, and the law contains some clear jurisdictional boundaries. Private schools in the state, however, have no such restrictions. Your private school could have rules against drinking, even if you're of age, or against identifying as homosexual. And it could hold you responsible for violating those rules no matter where you are.
Threats to Health and Safety
As you might expect, all schools claim the right to discipline students for behavior that threatens the health and safety of the community, whether that behavior takes place on campus or off it. It isn't always easy, though, to define exactly what represents a “threat.”
Threats to University Reputation
Education is big business these days. One consequence of that fact is that schools have become especially protective of their reputations. If you should do something that embarrasses the school while wearing a sweatshirt with its name on the front, that could be enough for the school to argue that you've damaged its reputation.
Possible Disciplinary Actions for Off-Campus Misconduct in Washington
Finally, it's worth knowing what can happen to you should your college or university find you Responsible for (guilty of) an off-campus offense. By and large, most schools use the same basic set of disciplinary sanctions, and these are the same whether the offense is committed on campus or off.
- Verbal or Written Warnings: Minor offenses sometimes warrant nothing more than a verbal or written admonition not to commit them again.
- Educational Programs: Your school might require you to complete an online tutorial or a seminar on the nature of your offense. This is often used in conjunction with warnings.
- Restitution: You can be required to pay for any damages you inflict on the school or specific members of the community. Usually, schools will not allow you to graduate until you have met these financial obligations.
- Probation: Like warnings, probation allows you to avoid more serious sanctions. However, probation is often noted on transcripts.
- Loss of Privileges: Your school can decide to restrict you from certain campus facilities or activities. You could be barred from parking in student lots, for example, or from using the campus gymnasium. Often, students who are found Responsible for an offense are prohibited from participating on teams or serving in student government.
- Suspension: This means separation from the university. The minimum penalty is usually a semester away, but a suspension can last for multiple years. During this period, you cannot register for or attend classes, and you may be prohibited from being on campus at all.
- Expulsion: This involves permanent separation from the university. Expulsion almost always includes a transcript notation as well.
- Withholding of Degree: Your school can withhold your degree until it has completed its investigation and adjudication, and it can force you to serve any sanctions it imposes before allowing you to graduate.
- Revocation of Degree: Finally, your school has the power to revoke your degree, even years later, if it discovers you committed some form of misconduct while you were a student.
You cannot afford to take any sanction lightly. Even a warning can cause you trouble with graduate school, internship, residency, licensure, and job applications if it shows up on your transcript.
For that matter, even if you're found Not Responsible, the right sort of allegation can permanently damage your career and your reputation.
The moment you're charged, it's crucial you have someone on your side. You need a Lento Law Firm attorney to protect your interests and work with you to build a strong defense.
The Lento Law Firm: Your Washington 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.
