As a diligent student at a college or university in West Virginia, you understand the importance of maintaining a clean record and focusing on your studies. However, life happens, and sometimes, a single misstep can threaten to derail all your plans for the future. Maybe it was an off-campus night out with friends that somehow went sideways. You might have been involved in an altercation or perhaps made some regrettable decisions under the influence of alcohol. You may even have been arrested. Whatever it was, you figured it was a one-off mistake that wouldn't affect you because it occurred off-campus. But now, to your shock, your school has notified you that you're under investigation, and you're summoned to a hearing to discuss potential disciplinary actions, which could include suspension or expulsion.
The obvious question here is, "How can the university take action against me when the incident occurred off-campus?" Many students (and their parents) are not aware that many higher education institutions include clauses in their Student Codes of Conduct that extend their authority to certain off-campus behaviors. If the incident in question is deemed by the school to be in violation of their policies, your academic future could be under threat. Without the guidance of a seasoned education law attorney, your career aspirations could be seriously impacted.
That's where the Lento Law Firm can help. Our Student Defense Team has earned a nationwide reputation for assisting students and parents facing complicated student discipline matters. Our team is prepared to intervene, work with you and the school to resolve the issue in your favor, and ensure your rights are safeguarded in the process. Reach out to the Lento Law Firm at 888-535-3686 today for a consultation, or submit our online form to get in touch.
How Can West Virginia Colleges and Universities Discipline Me for an Off-Campus Incident?
The fact that a college or university can claim to have authority over students' off-campus activities often comes as a surprise to students and parents alike. Yet, it's common practice among West Virginia schools to enforce written policies that extend their jurisdiction to discipline students for certain types of off-campus conduct--particularly if they believe it affects the interests of the school. Each institution sets its own jurisdiction boundaries, and in some cases, the legitimacy of a policy might be questioned if it seems excessively unfair or legally dubious. Generally, though, as long as the policy is documented (usually in the Student Code of Conduct), the school presumes your enrollment signifies your agreement to abide by these rules.
However, the extent to which a university can legally assert authority over an off-campus incident is a topic wide open for debate. By claiming jurisdiction beyond school grounds, there's an inherent risk that a school might even violate a student's rights by punishing them. In some instances, legal action might be necessary, but most colleges and universities prefer to sidestep legal complications regarding their policies. For this reason, the vast majority of disciplinary disputes can be resolved through skillful negotiation.
The Student Defense Team at the Lento Law Firm has a long-standing record of success supporting students accused of misconduct. We have an in-depth understanding of institutional regulations, student rights, and due process procedures within West Virginia colleges and universities. We will skillfully guide you through the disciplinary process to bring about the most favorable outcome possible, preferably one that protects your future rather than threatening it.
Deciphering Off-Campus Misconduct Policies in West Virginia Colleges
The scope of a school's assumed jurisdiction over off-campus student conduct varies widely, with no uniform guidelines or criteria to reference. Every educational institution sets its own rules and boundaries, leading to policy descriptions that range from highly specific to ambiguously broad. This lack of standardization can lead to confusion and uncertainty among students and parents and, in some instances, may even be legally questionable.
To give some examples of how different West Virginia schools address this issue:
- The Board of Governors for the West Virginia University system has established a policy for all its campuses statewide that Student Codes of Conduct must contain language regarding when off-campus behavior falls under school jurisdiction--namely when it involves a University-sponsored activity, interferes with the mission of the school, endangers the health and well-being of the University community, etc.
- Concord University in Athens keeps the door open to addressing off-campus misconduct by including this broad clause in its Student Handbook: "In certain circumstances where conduct occurring off-campus represents a possible threat to persons or property on campus, the jurisdiction of the University may be extended off-campus at the discretion of the University President or the President's designee."
- Marshall University in Huntington's off-campus disciplinary policy is even less detailed, putting all responsibility on leadership to decide when to apply it: "The Director of Student Conduct (Director) is responsible for deciding whether the Student Code of Conduct shall be applied to conduct occurring off-campus, on a case-by-case basis, at his/her sole discretion."
Parameters for Exerting Authority over Off-Campus Misconduct
Each college or university sets its own parameters regarding when and how it may exercise jurisdiction over off-campus incidents involving its students. However, several common factors tend to sway these decisions, including, but not limited to:
Connection to School-Sponsored Programs
If the incident in question occurred in connection with a school-endorsed or school-sponsored program (e.g., internships, research projects, study abroad programs), the school is more likely to consider it to be within its purview.
Participation in School-Sponsored Events
Educational institutions frequently claim authority over off-campus incidents that occur during events directly or indirectly associated with the school. These can include scenarios where school resources/equipment are utilized or when the event falls under the school's oversight, such as a conference, athletic event, or off-campus social function.
Connection with School-Recognized Groups
If a student's alleged off-campus misconduct occurs during activities tied to groups recognized by the university (like fraternities, sororities, sports teams, or other student organizations), the university may choose to exert jurisdiction and enforce disciplinary measures.
Illegal Activities
Many schools maintain the right to enforce disciplinary actions if a student commits a crime off-campus. This applies even if the student isn't facing formal criminal charges, particularly if the behavior negatively impacts the school's reputation or disrupts its academic environment.
Cases of Academic Dishonesty
Colleges and universities typically extend their jurisdiction to all instances of academic dishonesty, such as plagiarism or cheating. Generally, these behaviors are subject to disciplinary action, regardless of where they take place.
Online Misconduct
Colleges and universities regularly monitor students' online activities and may claim jurisdiction over certain online student behaviors, like cyberbullying, threats, harassment, or other forms of misconduct that affect the campus community.
Sexual Harassment or Assault
Although Title IX primarily pertains to on-campus incidents for schools receiving federal funding, many schools have separate policies concerning student sexual misconduct. The school may choose to exert jurisdiction in cases of alleged off-campus sexual harassment or assault, particularly if both the perpetrator and the victim are students.
Breach of Honor Code
For institutions with an Honor Code in place, obliging students to uphold certain ethical or moral standards, the school is likely to claim its authority if a student breaches this code, irrespective of whether the violation occurs on or off campus.
Threats to Campus Community Safety
If a student's off-campus behavior presents a direct or indirect risk to the safety and well-being of any member of the school community, the school may opt to enforce disciplinary action.
Damage to School Reputation
When a student's off-campus actions run the risk of damaging the university's reputation significantly, the school may decide to commence disciplinary proceedings as a way of restoring its credibility.
Disciplinary Consequences for Off-Campus Misconduct
If your West Virginia college or university determines that your off-campus conduct falls under their purview, you may find yourself facing disciplinary proceedings similar to those for on-campus offenses. These procedures typically include an investigation, witness interviews, and possibly formal or informal hearings. If evidence suggests a breach of school policies, you might be subject to one or more of the following disciplinary sanctions:
- Probation: A designated period during which any additional misbehavior could result in immediate expulsion.
- Revocation of Campus Privileges: You may lose certain privileges, such as participation in specific events, access to certain facilities, or use of amenities like parking permits.
- Restitution: You may be obliged to make amends for any loss, damage, or harm inflicted, either through community service or financial penalties.
- Mandatory Education: The school might require your enrollment in educational programs pertinent to your offense, like workshops or online courses, as a condition to keeping you enrolled.
- Suspension: You could be temporarily prohibited from attending classes, sitting for exams, or participating in school activities.
- Expulsion: You may be permanently removed from the institution, potentially negating all your academic accomplishments to date.
- Degree Revocation: In extreme cases, the school might even withdraw or revoke any degrees you've previously earned.
The Long-Term Impact of School Disciplinary Measures
Disciplinary actions arising from off-campus misconduct can have far-reaching consequences for your future. Here are some potential long-term effects beyond the immediate impact:
- Disrupted Academic Progress: Suspension or expulsion from the university could make it quite challenging to complete your degree. Expulsion could also obstruct plans to transfer to another institution to pursue your education since schools generally don't look kindly on a student application if the student was previously expelled.
- Threatened Financial Aid: Certain disciplinary measures could render you ineligible for various forms of financial aid, including loans, grants, and scholarships, making it more difficult to fund your education.
- Hindrances in Graduate School Admissions: Most graduate programs take into account any disciplinary history when reviewing your application.
- Permanent Notation on School Transcripts: Some disciplinary actions may result in a permanent mark on your academic record, which could be seen by some potential employers.
- Difficulties in Professional Licensing: If you're planning a career that requires professional licensing (like architecture, nursing, or engineering), a disciplinary record could pose obstacles to securing these licenses.
The Lento Law Firm: Your Ally in West Virginia School Disciplinary Proceedings
Navigating disciplinary proceedings at your school can be a daunting experience. You're effectively entering the process at a disadvantage because when it comes to colleges and universities, there's no presumption of innocence and a fairly low burden of proof to find you guilty. The consequences of a disciplinary action could have a significant impact on your education and future career. Even worse, if the alleged incident occurred off-campus, the risks are greater that the school may violate your rights in the process of disciplining you. That's why it's crucial to have an experienced ally by your side, an education law attorney who understands the complexities of school policies and can help you navigate through the process.
The Student Defense Team at the Lento Law Firm has many years of proven experience with cases like yours. Here's what we can do to help:
- We will review the allegations against you and steer you toward the most effective defense strategy (even if you're not permitted official legal representation during your hearings);
- We collect evidence and secure witnesses to bolster your defense;
- We provide skilled advice on negotiation strategies with the school and/or their legal representatives to reach a favorable resolution—or when possible, we'll negotiate directly on your behalf;
- We help prepare you for your disciplinary hearing and refine your arguments; and
- In exceptional cases where a school is clearly crossing a legal boundary, we can explore potential avenues for litigation against the school.
If you're a student facing disciplinary action at a West Virginia college or university, or if you're a parent of a student in such a predicament, take comfort in knowing that the Lento Law Firm Team possesses the requisite experience and knowledge to guide you through the process. We have assisted students nationwide through the most complex cases, and we are committed to safeguarding your rights and relentlessly pursuing the most favorable outcome. Reach out to us at 888-535-3686 or connect with us via our online form.
