As a high school, college, or university student, being accused of “disorderly conduct” can be difficult to define–and even more difficult to defend against. This term is often vaguely defined in Student Codes of Conduct, creating an environment ripe for subjective interpretation and arbitrary enforcement. This ambiguity can lead to disciplinary actions that not only infringe upon your due process rights but also result in an undeserved suspension or expulsion, potentially impacting your educational trajectory and future opportunities.
At the LLF National Law Firm, we understand the profound implications these allegations can have on students and their parents. Our Student Defense Team has nationwide experience helping students navigate these tricky allegations and working to obtain a favorable resolution with the school–one that protects the student’s educational future rather than threatens it. To schedule a consultation, call us at 888-535-3686 or utilize our online form.
The Ambiguity of Disorderly Conduct Allegations
“Disorderly conduct” is a broad term that is used to encapsulate a wide range of activities that might be deemed inappropriate or unlawful by high school, college or university authorities. It’s often regarded as a “catch-all” charge, which means that students may find themselves faced with this accusation due to a myriad of behaviors. Most schools that use this term reserve the right to discipline disorderly conduct both on campus and in off-campus settings where the school presumes to have jurisdiction.
Different schools typically have different definitions for disorderly conduct, but generally speaking, the definitions tend to be broad, vague, and sometimes even seemingly random, making it easier for school authorities to determine on a case-by-case basis whether a certain action constitutes “disorderly conduct.”
For example, in its Community Standards, Thomas Jefferson University defines “disorderly conduct” as “behavior that disturbs the peace, academic study, or sleep of others either on or off campus”, citing specific examples such as repeatedly entering or leaving a classroom, making distracting noises, or even dominating online message boards. Meanwhile, Maryville College describes other behaviors as disorderly conduct, including public drunkenness and disrespecting college authorities.
Common Examples of Disorderly Conduct
While a clear definition of disorderly conduct may seem like a moving target, perhaps a good broad definition is that it comprises any disruptive behavior that serves no legitimate purpose. That said, there are a few behaviors that are consistently identified by many schools as disorderly conduct. These include (but are not limited to) the following.
Causing Loud Disturbances in Quiet Areas
Loud disturbances in designated quiet areas like libraries are often classified as disorderly conduct due to their disruptive effects on the academic environment. These spaces are meant to promote concentration and productivity, providing students a refuge for focused study and research. When a student makes a noise that interrupts this atmosphere, it hinders others’ learning and violates the agreement of mutual respect.
Instigating or Participating in Fights or Other Disturbances
The act of instigating or participating in physical altercations at school-sponsored events is typically considered a severe breach of conduct. These events are intended to promote community engagement and academic enrichment, and violent behavior disrupts these objectives. Encouraging others to participate in this type of behavior also falls into the category of disorderly conduct.
Disrupting School Activities
Disruption of typical school activities, including disruptions in the classroom or interfering with research or administrative functions, can also be seen as disorderly conduct. These disruptions can delay academic progress, hinder administrative efficiency, and create an atmosphere of chaos.
Blocking Access During Protests
While peaceful protests are a hallmark of free expression, blocking access to university buildings crosses the line into disorderly conduct. Such actions can prevent students and faculty from attending classes, accessing resources, or performing their duties, disrupting the educational process. Universities often provide guidelines for demonstrations to prevent disruptions, and failing to follow these policies can lead to disciplinary action.
Offensive or Obscene Behaviors
Behaviors that are deemed offensive or obscene, including public nudity, vulgar language, racial epithets, or any other act that violates community standards, are often categorized as disorderly conduct. These acts can create an atmosphere of discomfort and disrupt the educational environment for students and faculty alike.
Disrespect for School Authority
Showing disrespect to school authorities, including professors, supervisors, or other staff members, is often considered disorderly conduct. This can include refusing to follow instructions, being confrontational or insubordinate, and generally disregarding authority.
Behaviors that Violate Others’ Rights
Any behavior that violates the rights of others, including bullying, harassment, discrimination, or any other form of offensive conduct, may be classified as disorderly conduct if not specifically spelled out in the Code of Conduct. This can also include actions that invade others’ privacy, such as recording an individual without their consent. Schools have a duty to protect students from harm and create an inclusive learning environment for all students. Behaviors that go against this mandate are typically considered disorderly conduct.
The Disciplinary Process for Disorderly Conduct Allegations
Depending on the severity of the offense, schools usually reserve the right to suspend or expel a student for disorderly conduct–especially if the behavior significantly compromises the safety of the learning environment. Typically, K-12 schools use an informal approach to meeting discipline, often involving a parental meeting before considering suspension or expulsion of the student. In contrast, higher education institutions such as colleges and universities adopt a more structured disciplinary protocol. Regardless of the approach, the fundamental steps remain fairly consistent:
- Accusation: A teacher or student accuses you of disorderly conduct to school authorities.
- Investigation: School officials may conduct an investigation to gather evidence, interview witnesses, and examine pertinent documents.
- Hearing or Meeting: In K-12 settings, this might entail a meeting with school officials, whereas colleges and universities often hold formal disciplinary hearings.
- Determination: After evaluating all evidence and testimonies, the school administration or the disciplinary committee will determine the student’s responsibility.
- Appeal: Students typically have the right to challenge the decision through an appeals process, which may involve a review by higher institutional authorities in line with school policies.
The LLF National Law Firm: Your Ally in Defending Against Disorderly Conduct Charges
Confronting charges of disorderly conduct poses significant risks to your academic prospects. Schools typically use the “preponderance of the evidence” standard to determine whether a student committed wrongdoing, and they have broad authority to impose disciplinary actions as they deem appropriate, sometimes violating students’ rights in the process. The Student Defense Team at the LLF National Law Firm possesses extensive nationwide experience in assisting students and parents nationwide in defending against these types of allegations. We provide experienced guidance, gather evidence, help you devise a cohesive defense strategy, and, where feasible, negotiate with the school for a fair resolution. To schedule a consultation, contact us at 888-535-3686 or reach out using the online form.