Florida A&M University (FAMU) recently investigated an alumna for a photo she took of herself on campus where she was naked in front of the University's statue of a rattlesnake. According to the Instagram post that accompanied the photo, her intention was to show that she is proof that clothes do not define her intelligence – she received a master's degree at the age of 24.

The University's investigation was spurned by criticism over the photo, but since she is no longer a student, what right does the university have to investigate her?

FAMU Code of Conduct

According to the code of conduct at FAMU, students are subject to certain obligations and must comply with the requirements of law and University regulations, policies, and procedures. For FAMU to adjudicate the student mentioned above, she would have to have violated the code of conduct in some way. There are a few conduct rules her behavior may have fallen under, including:

• Disorderly conduct: behavior that has disturbed the peace or undermines public safety.
• Disruptive behavior: any act that impairs the mission, purpose, or operations of the University or members of the community.
• Violation of law: In Tallahassee, it is illegal to be nude in a public place – FAMU is a public university.

What About Free Speech?

In some cases, nudity can be associated with free speech if it is making some sort of statement. But according to the U.S. Supreme Court, nudity on its own is not covered by free speech. In this case, the graduate was making a statement with her nudity, so it could be considered freedom of speech. The University, during its investigation, will have to consider whether its code of conduct, including the violation of law rule, supersedes the freedom of speech. They will look at the context of the situation and whether the photo is sexualized or neutral. Generally, sexualized nudity is more “offensive” and thus tends to be punished.

How an Attorney-Advisor Can Help

Generally, a graduate's degree cannot be revoked for behavior that occurred after graduation. At FAMU, your degree can be revoked if you committed academic misconduct prior to graduation and it was discovered after. But there is no mention of degree revocation for other misconduct.

If you or someone you love is being investigated for an incident that occurred before or after graduation by your university, an attorney-advisor can help. Attorney Joseph D. Lento and the Lento Law Firm have helped hundreds of students and graduates across the country deal with the ramifications of their actions. Call 888-535-3686 today or schedule a consultation online.