In this day and age, colleges and universities across the nation are taking Code of Conduct violations more seriously than ever before. This will come as no surprise to modern students, many of whom are already hyper-aware of gratuitous punishment common in the era of social media. Even still, students generally know which kinds of trouble to avoid when on campus — no stealing, no sexual misconduct, no cheating, no violence. Steer clear of those, and you shouldn't have any problems staying in good standing, right?
Not quite.
What most students fail to realize is that their university can hold them accountable for conduct that occurred off-campus and outside of school hours. At least, they can attempt to hold students accountable. Whether they are successful or not depends on a whole lot of factors, like the policy that was violated and the severity of the issue. Perhaps most important, however, is the experience and skill of the attorneys representing the student in their case.
The Student Defense Team at the Lento Law Firm takes special interest in cases just like these. Our aim is to help students get fair treatment in university disciplinary proceedings, regardless of whether the alleged misconduct occurred on-campus or off-campus.
If you are a student who finds yourself accused of misconduct or are already in the crosshairs of a university investigation, do not hesitate to reach out. Time is everything in these matters. Letting your college operate on its own timeline without a watchful legal eye is a recipe for serious punishment — or even dismissal. The sooner our Student Defense Team can climb aboard your case and initiate contact with your school, the better chance you have at a resolution that keeps you in school and on track. To discuss your case, call the Lento Law Firm today at 888-535-3686 or fill out our online contact form.
Are Colleges Really Allowed to Discipline Students for Off-Campus Behavior?
While it may seem a bit Orwellian for schools to be monitoring the things you do or say in your personal time, Wyoming universities generally have no qualms playing the Big Brother role. Their priority is to protect their image and their student body (as a whole). If they feel like something you've done in your free time is a threat to that, they may very well attempt to discipline you.
When speaking about situations where an actual state or federal law is allegedly broken, there are consequences that will play out in Wyoming's legal system before (or possibly concurrently with) any actions that are taken by the school. Alleged offenses of a criminal nature may or may not explicitly violate the Code of Conduct, but it makes sense that colleges would not want to be associated with students convicted of certain crimes.
But what if you are found not guilty by a court of law? The University of Wyoming's Student Code of Conduct points out that during the university's own disciplinary proceedings, “many legal rules of procedure and evidence are not applicable or required.” In other words, the results of a legal case are immaterial to the school's decision to discipline a student. Because the university is not beholden to the evidentiary requirements of the courts, they can use information that is second-hand or lacking the proper chain of custody.
Oddly enough, this can make the university disciplinary process even more difficult to navigate the criminal justice system — and therefore, it is all the more important that students have legal representation in matters of school discipline. The Lento Law Firm's Student Defense Team is experienced with university disciplinary proceedings. Enlisting our help is the most effective way to approach these cases.
What If No Laws Were Broken?
It's no surprise that schools take criminal allegations seriously. The more confusing issue for students is that they are frequently faced with university discipline for off-campus conduct that is perfectly legal. These offenses range from those related to free speech (e.g., the school thinks something a student posted on social media is offensive) to some sort of altercation (such as a bar fight with another student where neither party is pressing charges). Even consensual sexual relationships could put you at risk under the wrong circumstances.
Most students don't realize when enrolling at a school like the University of Wyoming — or Casper College, Laramie County Community College, or any of Wyoming's other higher education options — that they agree to follow the Code of Conduct at all times, not just when they are on campus or at school-sponsored events. The school's argument for their apparent omnipotence boils down to this: you are always a student — and therefore a representative of the university — while enrolled, not just during class hours. You tacitly agreed to this the moment you paid tuition, and the university is within its rights to pursue any discipline it chooses.
Is that the slightest bit fair? Not really. The good news is that you are absolutely allowed to fight back against allegations of misconduct that occurred off-campus. There are many ways to go about this: arguing your innocence, pointing out that the rules are being applied unevenly, or even challenging the policy itself are all within the realm of possibility. When your education is on the line, you want to make sure you consider every option.
Violating a school's Code of Conduct may feel like breaking a law, but in reality, it is a vastly different category of offense with vastly different (potential) consequences. It is a process that requires a unique set of legal skills. Luckily, the Student Defense Team at the Lento Law Firm has the knowledge and experience to handle these sorts of situations deftly. We understand how colleges in Wyoming operate and will work tirelessly to resolve your case in a suitable way.
What Criteria Do Wyoming Colleges Use to Discipline Off-Campus Conduct?
One of the first things the Lento Law Firm will do once they are on your case is determine whether the university truly has the jurisdiction to punish your alleged behavior. This will be a major key for us in our commitment to building you a successful defense. In order to do this, we will thoroughly examine your school's Code of Conduct and other policies.
For example, the University of Wyoming's community standards state that “any misconduct occurring when the person is a student is covered by the Student Code of Conduct” and maintains jurisdiction for any off-campus activity “which adversely impacts the University community or the pursuit of the University's educational mission, process or function.”
If this sounds like a vague blanket statement, that's because it is. By asserting jurisdiction over any activity that occurs while a student is enrolled, regardless of the location of that activity, the school is attempting to cover itself against any loopholes for students to exploit. In addition, declaring that they can discipline a student for any activity that “adversely impacts the University community” without actually defining what conduct would qualify is another tactic meant to grant them excessive leeway when dolling out punishment. Based on this statement, the university could discipline you for just about anything — another reason that an excellent legal team is essential for students taking on a disciplinary case.
All that being said, there are some issues that make off-campus activity more likely to be investigated and punished than others.
Misconduct Occurs at School-Sponsored Event or Activity
Colleges and universities frequently sponsor off-campus activities. These can range from cheering on your college's basketball team at a rival school to semester-abroad programs. If your school has attached its name to an activity, you can bet it will attempt to impose its rules upon it.
Misconduct is School-Related
A little less cut-and-dry than a sponsored event, schools may nevertheless try to claim jurisdiction over activities that relate to your education in any way. An example would be if alleged misconduct happened off-campus while you were actively researching your thesis project.
Academic Misconduct
This one is obvious. If you are caught cheating, plagiarizing, or submitting dishonest work, the school will not care where the activity occurred.
Misconduct Violates State or Federal Laws
This was touched on above, but to reiterate: schools will almost always attempt to discipline students who have been convicted of crimes. The more severe the crime, the more likely disruptive school discipline is — including dismissal. Universities have more wiggle room in the disciplinary process than the justice system does, so even if you aren't convicted in a criminal court, the school may still decide to issue punishment.
Online Misconduct
A huge potential stumbling block for students is their internet activity. We live in a time when posting thoughts, pictures, and jokes online is second nature to college students. It may feel like your posts are separated from the real world, but universities don't see it that way. Offensive or questionable social media content can absolutely land you in hot water and put your academic future at risk.
Sexual Misconduct
While Title IX technically only applies to sexual misconduct that happens on-campus, schools generally find it within their rights to punish any sexual crimes that a student allegedly commits while enrolled — especially if the victim is also a member of the university community.
Misconduct that Threatens Community Safety
Schools take their campus and student safety very seriously, for good reason. If you make threats to other students or faculty — even if you are off campus — the university may decide to discipline you. Supplying other students with dangerous goods (such as drugs) may likewise be considered a threat.
Violation of Religious Honor Code
Private religious schools often put morality clauses into their codes of conduct. For example, Wyoming Catholic College has a 10:30 PM curfew and a policy that prohibits students from having cell phones during the school year. Neither of these things would be the slightest bit questionable at the majority of colleges; however, students at WCC agree to these terms when enrolling, so the school is within its rights to impose discipline for these seemingly harmless acts — even if they occur off-campus.
Scandalous Misconduct
Colleges and universities will almost always try to protect their reputations first and foremost. If you do anything that affects the public perception of your school, you may find yourself facing discipline. This could be something as simple as taking a public political stance that the school does not want to be associated with.
Forms of Discipline for Off-campus Misconduct
In general, schools punish off-campus misconduct in the same way they would punish on-campus activity. If it is determined that you violated school policy, you may be looking at:
- Verbal or written warnings
- Educational programs (like a mandatory seminar)
- Fines and/or restitution
- Probation
- Loss of privileges (such as losing access to a specific building)
- Suspension (usually at least a semester)
- Expulsion
- Withholding of your degree (until sanctions have been rectified)
- Revocation of degree
Any of these consequences can have a lasting impact on your academic pursuits and, ultimately, your career goals. Graduate applications, internships, licenses, job opportunities — all of these important steps may be in jeopardy if the school's determination goes against you.
The Lento Law Firm Defends Wyoming Students
Even if you are certain you are innocent of the alleged offenses, do not go into a school disciplinary investigation alone. When it comes to protecting individual students from undue consequences, your university may not have your best interests at heart. Having a strong legal team by your side ensures you are giving yourself the best chance at preserving your academic accomplishments and keeping your career goals alive.
The Lento Law Firm's Student Defense Team protects the rights of Wyoming students and helps them retain their college standing. Our nationwide firm is experienced in communicating with university disciplinary boards, and we will explore every avenue — from negotiation to litigation — to steer your case to a positive resolution. To discuss what we can do for your case, call 888-535-3686 or fill out our online contact form.
