Attending College can be a wonderful time of exploration, discovery, and growth for many students. It might be your first time living away from home for an extended period of time. Perhaps it's your first time having control of your own schedule, being responsible for when you get up in the morning, when you eat your meals (and what you eat), planning your social activities, doing your studying, and turning in at night. You've met new friends, some of whom will be close to you for years after you graduate.
Of course, there may be downsides to all of this. Things can get out of hand sometimes, and you may find yourself getting involved in situations where you and others end up doing some things that can come back to haunt you very quickly. Examples that the Lento Law Firm Student Defense Team have encountered include:
- Late night “joy-riding” (“borrowing” someone else's car without permission)
- Scuffles or fights in bars or parties
- Vandalizing property
- Posting offensive content on social media (photos, videos, rants, etc.)
College students who have been involved with this kind of behavior can find themselves being disciplined by their school – even if the behavior occurred off campus. And that's what this informational guide is about.
You may or may not have read the handbook or disciplinary information that your Wisconsin college or university provides. If you haven't – and even if you have – it may surprise you to learn that your school can discipline you for misconduct that happens off campus. In fact, if you're studying abroad on a school-sponsored program, you can often be disciplined for things that happen in another country.
The Lento Law Firm Student Defense Team includes attorneys who have years of experience helping students caught up in their college or university's disciplinary process at schools in Wisconsin and all across the country. Our attorneys understand how the school discipline process works, and just as importantly, we understand what's at stake for you. School disciplinary proceedings can result in consequences that can affect your ability to complete your education, to continue it at the graduate level, and even to get a job after you leave. This is why if you've been accused of serious misconduct by your school, it's important for you to contact the Lento Law Firm Student Defense Team at 888.535.3686 or to use our online link to set up a confidential consultation with one of our experienced student defense attorneys.
Can My College Really Discipline Me for Alleged Misconduct that Occurred Off-Campus?
In a word, yes. Almost every college or university claims to have the right to discipline students for off-campus misconduct, generally using the rationale that the misconduct “reflects unfavorably on the school” or something similar to that. This can be the case even if the police are never involved. You don't need to be arrested or charged for your school to discipline you; if an allegation reaches the school that you've been involved in some misconduct, you may find yourself having to answer to the school for that. As a student enrolled in the school, you're expected to have signed on to the school's disciplinary policies, and that can leave you at the whim of a process that can be difficult to understand and sometimes unfair to the students who go through it.
Many Wisconsin schools are integral parts of their local communities, and if your school is located in a smaller town – say Whitewater or Stevens Point – don't be surprised if the manager at the bar you got kicked out of for fighting knows someone who works at the UW campus there. Or your landlord might just happen to be a faculty member at St. Norbert's College or Marquette University and may report you if you've trashed the apartment or thrown late-night parties that violated your lease.
The extent to which your college or university can discipline you for off-campus behavior is by no means clear, however. At some point, schools may go too far when claiming that off-campus conduct is something they have the right to regulate. It depends on the situation – the type of school (public or private), the exact terms of the school's disciplinary code and policies, what you're accused of doing, where it supposedly happened, and who else was allegedly involved. This is why it can be so important to have an experienced student defense attorney working with you if you've been accused of off-campus misconduct by your school.
The attorneys who are part of the Lento Law Firm Student Defense Team know what to look for when a Wisconsin college or university is trying to discipline you for off-campus activity. We understand the school policies and how the disciplinary process works. More importantly, we also understand what your rights are and will fight on your behalf to make sure that those rights are respected throughout the entire process, from when you're accused of misconduct through the investigation, negotiation, hearing, and appeal processes. Our goal is to protect you and your future and to make sure that you're treated fairly throughout.
Criteria Used by Wisconsin Schools to Discipline Off-Campus Behaviors
Each college and university in Wisconsin has its own set of policies concerning student conduct, including when the school can discipline a student for off-campus behavior. Schools that are part of the extensive University of Wisconsin System are guided by Wisconsin state law, both when it comes to academic-related discipline and non-academic related discipline. “Academic misconduct” in this context doesn't have to take place on campus; it focuses on behavior that relates to school academics, not where that behavior took place. “Nonacademic misconduct,” on the other hand, can be punished if it takes place either on school property or off of school property, “when in the judgment of the investigating officer, the conduct adversely affects a substantial university interest.”
Other schools have their own policies. At Marquette University, for example, students can be disciplined for off-campus misconduct “when such behavior is believed to have an impact on the Marquette Community.” The dean of students or a designee makes this determination. This policy specifically states that it is “also applicable to students studying abroad.”
The concept of what conduct “adversely affects a substantial university interest” or has “an impact on” the school community is not one that is clearly defined. Most schools leave themselves a lot of room to make these kinds of decisions when it comes to student discipline. That can lead to unfair situations where students can be treated very differently for very similar types of off-campus misconduct or where off-campus misconduct that has nothing to do with the school will be treated by the school as though it does. This is where working with one of our experienced student defense attorneys can help you if you've been accused of off-campus misconduct by your school. We will take a close look at every claim, and where it's appropriate, we will challenge the school's right to discipline you for something that allegedly happened away from campus that had nothing to do with the school.
Common Factors that May Incur Disciplinary Action for Off-Campus Behaviors
There are many ways that a Wisconsin college or university may attempt to connect allegations of off-campus misconduct with the school so that if you've been accused of the misconduct, the school will attempt to discipline you. While not a comprehensive list, here are some examples.
- Connection to School-Related Activities In a situation where the conduct takes place during some sort of school-sponsored off-campus activity, such as a semester abroad program, a school-sponsored travel program, or even while attending an away game sitting in your school's student section (with tickets purchased through the school), the school may claim the right to discipline you for alleged misconduct. This can even extend further to internship or co-op education programs where you are working at a private employer as part of your studies.
- Academic Misconduct Off-Campus This is a fairly obvious one. You don't have to be on campus to be disciplined for plagiarism or other forms of cheating on assignments, tests, or projects. This is particularly the case where many schools are using online courses, either exclusively or in combination with on-campus teaching, even for entire degree programs.
- Violation of State or Federal Laws It's important to understand that a school can typically discipline you even if you've not been charged with a crime. That said, if you are charged with one, your school may use that as a reason to discipline you, even if the charges are dropped, or you're acquitted after a trial. The school's focus will be whether the claimed behavior reflects poorly on the school.
- Online Misconduct Hate speech, bullying, threats, harassment, stalking, and other online forms of misconduct that are deemed by the school to affect the school community are often disciplined. This is particularly the case where the alleged target or victim is a member of the school community, such as a student or a faculty or staff member.
- Sexual Harassment, Assault, or Discrimination While the federal Title IX law applies to on-campus behavior, that doesn't mean that schools won't discipline you for sexual harassment, assault, or discrimination where those actions occurred off-campus. It simply means that the school is not obliged to follow the Title IX procedures when doing so.
- Misconduct During University-Sponsored School Events If you are accused of misconduct during some off-campus school-sponsored event, such as a conference, a sports competition, a performance, or some similar event, your college or university may claim the right to discipline you.
- Affiliation with University-Recognized Organizations Misconduct that happens at or in connection with organizations that are specifically recognized by the school, such as fraternities or sororities, varsity or club sports teams, or academic societies is often disciplined by the school due to the close official connection between the organization and the school.
- Honor Code/Moral Code Violations Private schools, particularly religiously affiliated schools, may require students to sign an honor code or some similar type of conduct pledge as part of enrolling at the school. These can sometimes extend to making promises about extremely private types of behavior, such as premarital sex or cohabitation and alcohol consumption. Violating these promises, even off-campus, can result in disciplinary action by the school.
- Threats to Health and Safety When your behavior arguably threatens the health or safety of others in the school community, your college or university may decide that you should be disciplined. Selling illegal drugs, displaying dangerous weapons, or making threats against members of the school can all result in disciplinary action.
- Threat to University Reputation This is sort of the catch-all for school discipline. It's an extremely broad concept that can be very subjectively applied and can result in what you believe is an exercise of your right to free speech being construed by the school as a reason to discipline you. Our experienced student defense attorneys have seen this before and can help you in these and other school disciplinary situations.
Potential Long-Term Impacts to Your Future
Schools in Wisconsin also leave a considerable amount of leeway when it comes to the types of discipline they can impose on a student found to have violated the school's rules, regulations, and policies. These include:
- Warning. This can be a very simple verbal warning or a written one that becomes part of your permanent record and can affect you if a graduate school or employer reviews your collegiate transcript.
- Probation. You may be required to follow certain procedures for some period of time or may be advised that further violations of school policy during the probation period may result in more severe sanctions.
- Loss of Privileges. You may be excluded from portions of campus or campus events.
- Restitution. If your misconduct caused monetary damage, you may be required to compensate the victim or victims for that damage.
- Education. You might be ordered to take a course or participate in a workshop that is related to educating you about the misconduct you're found to have committed, with the goal of course being to help you avoid repeating it.
- Suspension. The school may suspend you for a specific time period. During this time you won't be allowed to take courses or participate in school-related events. This, of course, will also delay your progress through school.
- Expulsion. You will be removed from the school and will not be allowed to return.
- Degree Revocation. The school may revoke a degree that you've already earned.
- Withholding Degree. If you've not yet received your degree but are close to doing so, or have earned enough credits to do so, the school may refuse to award it to you.
Potential Long-Term Impacts to Your Future
The impact of college or university misconduct proceedings can go well beyond whatever immediate penalty may result in cases where you've been found to have committed the misconduct you've been accused of. Even a short suspension can delay your degree, sometimes by a semester or more, if you have to wait for a required course to be offered again. Disciplinary notations on your transcript will be seen by graduate programs and employers. You may be required to disclose school misconduct violations when applying for a professional license. In very serious cases, your ability to secure financial aid such as loans, grants, and scholarships can be hurt by a disciplinary mark on your record.
The Lento Law Firm: Your Wisconsin Student Defense Team
If you're facing a misconduct allegation brought by your college or university in Wisconsin, you need the help of one of the experienced student defense attorneys from the Lento Law Firm Student Defense Team. No matter where you go to school – Superior to Kenosha, Green Bay to LaCrosse, in Madison or Milwaukee – we can help you protect your rights if you've been accused of on- and off-campus misconduct by your school. Depending on your situation, we can:
- Review the charges against you and help you develop an effective defense strategy;
- Investigate the allegations and help find witnesses and evidence that the school missed;
- Negotiate with school officials to resolve the matter quickly and effectively;
- Prepare and submit strong written responses to allegations where that's required as part of the process;
- Help prepare you for any meetings or hearings;
- Where absolutely necessary, in cases where the school is violating your rights, protect them by filing a lawsuit on your behalf
You only have one future. It's important that you do everything you can to protect it. We can help with that. If you're a student in Wisconsin facing allegations of serious misconduct (or are the parent or guardian of a student), call the Lento Law Firm Student Defense Team today at 888.535.3686 or reach out to us using our online form to schedule a confidential consultation about your situation. We understand how stressful school misconduct allegations can be, and we are ready to listen and to help.
