Can Your University Punish You for an Arrest Before You’re Convicted?

June 19, 2026

When Brigham Young University (BYU) basketball starter Kennard Davis Jr. was arrested on suspicion of DUI after a crash in Provo, the conversation immediately turned to whether BYU’s Honor Code would end his season. The charges were ultimately dropped. But from the moment of arrest, Davis faced a real threat of suspension or expulsion under the school’s own process, entirely separate from the courtroom. The criminal case and university proceedings operate under two different standards, and both can reshape a student’s future.

If your student faces disciplinary action over possible criminal charges, the LLF National Law Firm Student Defense Team can help navigate the honor code process. Reach us at 888-535-3686 or start with our contact form to begin building a defense strategy.

The School Process Does Not Wait for the Courts

Many families assume a student can’t be punished until a criminal case is resolved. That’s not how it typically works. Criminal courts require beyond a reasonable doubt, but university honor code proceedings typically use a “preponderance of the evidence” standard. Some institutions act on an arrest alone.

BYU’s Honor Code is a clear example. Students agree to abstain from alcohol and obey the law. The Drug-Free School Policy goes further, prohibiting the possession, use, or distribution of alcohol. Violations can result in disciplinary sanctions up to and including dismissal from the university. An arrest alone can put a student’s enrollment at risk.

Student-Athletes Face Compounded Consequences

For student-athletes, the fallout from an honor code proceeding extends far beyond academics. A suspension can impact every part of an athletic career.

  • Scholarship eligibility and renewal
  • Playing time and starting roles
  • Transfer portal positioning
  • Professional draft prospects

The consequences can be severe, but BYU has shown a willingness to reinstate students who take the right steps. Brandon Davies was dismissed from the basketball team for an Honor Code violation and spent a full season away before reinstatement. That path existed only because Davies navigated the process proactively. By waiting or disengaging, students risk losing any chance at reinstatement.

Private Universities Play by Different Rules

BYU is a private religious institution, and its Honor Code reflects that identity. Students contractually agree to behavioral standards that a public university couldn’t legally impose. The due process protections available at state schools don’t apply, and the school has no obligation to wait for a criminal case to conclude before acting.

Without those safeguards, the process can move faster and with fewer checks than families expect. Early guidance can make the difference between a path forward and a closed door.

The University Won’t Wait, and Neither Should You

After an arrest, two separate clocks start ticking. Waiting for the criminal case before engaging the school is almost always a mistake. We’ve seen students lose scholarships, playing time, and career opportunities because they missed the university’s timeline. Whether your student attends a private or public institution, the disciplinary process for student-athletes demands immediate attention.

The LLF National Law Firm works with students and families nationwide in honor code and disciplinary proceedings. Don’t let the university set the timeline. Call 888-535-3686 or send us your details so we can get to work.

 

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