As a committed student at a college or university in Alaska, you have worked hard to maintain a clean record and focus on your studies. However, all it may take is a single event or mishap to throw your future into question. Perhaps it was a night off campus with friends that went sideways. Maybe you had a bit too much to drink and made some regrettable choices. Maybe you broke into someone's car and took it for a joyride. Maybe you were arrested. Regardless of what happened, you considered it a one-time mishap, and you never expected it to impact your status at the school.
Now, to your shock and dismay, your school has notified you of an investigation, summoning you for a hearing to discuss potential disciplinary actions, including suspension or expulsion--over something that happened off campus.
"How can they do this?" you ask. In reality, many students and their parents don't realize that colleges and universities often include clauses in their Student Codes of Conduct that broaden their authority over certain off-campus activities. If your conduct is perceived by the institution as breaching its policies, you may face disciplinary action. Without the support of a seasoned education law attorney, your academic ambitions could be significantly impacted.
This is where the Lento Law Firm comes into play. Our Student Defense Team is nationally known for assisting students and parents dealing with complex school disciplinary issues. Our team is prepared to support you, liaise with your school to reach a favorable resolution, and safeguard your rights throughout this process. Reach out to the Lento Law Firm at 888-535-3686 today for a consultation, or complete our online form to get in touch with us.
Can My School Penalize Me for Off-Campus Actions?
The notion that a college or university can exercise control over students' off-campus actions often astonishes students and their parents. Still, it's a common practice among Alaska's higher education institutions to enact policies that extend their jurisdiction to specific off-campus conduct—particularly if they believe it impacts the school's interests. Each school sets its own policies in this area, and occasionally, a policy's validity might be challenged if it seems overly harsh or legally dubious. However, generally, as long as the policy is written down (usually in the Student Code of Conduct), the school presumes your enrollment signifies your agreement to these rules.
Even so, the degree to which a university can lawfully exert authority over an off-campus incident is something of a gray area. By asserting jurisdiction beyond campus limits, there's a potential threat of violating a student's rights without their knowledge. In rare scenarios, legal proceedings might be justified if the school oversteps its lawful authority, but most institutions prefer to sidestep such complications--meaning most disciplinary disputes can be settled through strategic negotiation rather than court proceedings.
The Student Defense Team at the Lento Law Firm has a demonstrated track record of success in helping students accused of misconduct, both on and off campus. We have a thorough understanding of institutional rules, student rights, and due process procedures within Alaska's colleges and universities. Our team will skillfully guide you through the disciplinary process, aiming to help you obtain the most favorable outcome possible.
Alaska Colleges and Universities: Their Approach to Off-Campus Jurisdiction
There is no standardized approach across colleges and universities when it comes to off-campus discipline; each school formulates its unique set of rules and the extent of its jurisdiction. These policies could range from being exceptionally detailed to ambiguously broad. This lack of consistency can breed uncertainty and concern among students and parents, and under certain circumstances, they might even be liable to legal examination. To give a couple of examples of the disparity among school policies in Alaska:
- The University of Alaska system has a Student Code of Conduct that applies to all UA campuses across the state. The Code includes a statement broadly extending its authority, saying that the Student Conduct Code "may also apply to behavior that occurs off campus when it may present a potential danger or threat to the health and safety of others or may reasonably lead to a hostile environment on campus."
- Meanwhile, Alaska Pacific University makes little mention of its authority over off-campus activities except in cases where laws have been violated: "Violation of municipal, state or federal laws may lead to APU disciplinary proceedings, even in cases where the violation occurs away from APU property or sponsored events."
Considerations in Implementing Disciplinary Measures for Off-Campus Behavior
Every college and university establishes its guidelines regarding when and how it will exert authority over off-campus incidents involving its students. However, several recurrent factors tend to shape these decisions, including but not limited to:
Involvement with School-Sponsored Programs
If the alleged misconduct transpired in connection with a school-sanctioned or school-backed program (e.g., internships, research ventures, study abroad programs), the institution is more likely to deem it within its jurisdiction.
Connection with School-Supported Events
Most schools claim authority over off-campus incidents that take place during events directly or indirectly associated with the school. These can include situations where school resources or equipment are utilized or when the event is under the school's direct oversight, such as a symposium, sports game, or off-campus social gathering.
Association with School-Recognized Organizations
If a student's supposed off-campus misconduct occurs during activities linked with university-recognized groups (like fraternities, sororities, sports teams, or other student organizations), the university may choose to claim jurisdiction and enforce disciplinary measures.
Engagement in Unlawful Activities
Colleges and universities generally reserve the right to implement disciplinary actions if a student partakes in illegal activity—even if it happens off-campus. (Alaska Pacific University above is a prime example.) This may apply even if the student is never formally charged with a crime.
Occurrences of Academic Dishonesty
Colleges and universities typically expand 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 happen.
Digital Misconduct
Colleges and universities routinely monitor students' online behavior and may assert jurisdiction over certain online student conduct, like cyberbullying, threats, harassment, or other forms of misconduct affecting the campus community.
Breach of Honor Code
Some schools (faith-based or otherwise) mandate students to comply with an Honor Code consisting of adherence to particular ethical or moral standards. If this Honor Code is breached, the school is likely to exert its authority regardless of whether the violation takes place on or off campus.
Sexual Harassment or Assault
Although Title IX primarily applies to on-campus incidents for schools receiving federal funding, many schools have separate policies addressing student sexual misconduct. The school may choose to exercise jurisdiction in cases of alleged sexual harassment or assault occurring off-campus, particularly when both the accused and the victim are students.
Threats to Campus Community Safety
If a student's off-campus behavior poses a direct or indirect risk to the safety and well-being of any member of the college or university community, the school may see fit to implement disciplinary actions.
Damage to School Reputation
When a student's off-campus activities risk significantly tarnishing the university's reputation, the school may opt to initiate disciplinary proceedings as a means of safeguarding its credibility.
Probable Disciplinary Repercussions for Off-Campus Misconduct
If your Alaska-based school determines that your off-campus behavior violates their policies, you may be subject to disciplinary procedures similar to those levied for on-campus incidents. The process typically involves some form of investigation, interviewing you and any relevant witnesses, and convening a disciplinary hearing. If the evidence points to a violation of institutional rules, you could encounter one or more of the following disciplinary actions:
- Probation: An assigned period of scrutiny where any additional misconduct could trigger immediate expulsion.
- Revocation of Campus Privileges: Certain campus privileges, such as involvement in specific activities, admittance to certain facilities, or usage of amenities like parking permits, may be withdrawn.
- Fines and/or Restitution: You might be required to make amends for any loss, damage, or injury you caused, either through community service or monetary fines.
- Mandatory Education: The school could require your participation in education programs pertinent to your offense as a condition for maintaining your enrollment status.
- Suspension: You could be provisionally prohibited from attending classes, sitting for exams, or participating in school activities.
- Expulsion: The school might permanently dismiss you, potentially rendering all your academic accomplishments void.
- Degree Revocation: In extreme situations, the school might retract any degrees you've already obtained.
The Extended Risk of Damage from Educational Disciplinary Actions
Facing disciplinary action from your Alaska college or university has implications beyond just the immediate penalty. Any form of disciplinary sanction carries a risk of long-term consequences for your future. Here are some potential challenges you might face:
- Disrupted Academic Journey: Suspension or expulsion could substantially impede your ability to complete your degree. Expulsion might also obstruct efforts to transfer to another institution to continue your education, as schools typically consider applications from previously expelled students unfavorably.
- Endangered Financial Aid: Some disciplinary actions could render you ineligible for various forms of financial aid, including loans, grants, and scholarships, thereby complicating your ability to fund your education.
- Barriers in Graduate School Admissions: Most graduate programs take into account any disciplinary history when evaluating your application and may reject you as a result.
- Notations on Academic Records: Certain disciplinary actions (not all) may result in a permanent annotation on your academic transcripts, which potential employers might see.
- Difficulties in Professional Licensing: If your career trajectory requires professional licensing (such as architecture, medicine, or engineering), a disciplinary record could unfavorably influence a licensing board when considering your license application.
Advantages of Hiring an Education Attorney
Facing a school disciplinary board on allegations of misconduct isn't as straightforward as it may appear. The truth is that you are stepping into the process at a disadvantage. In educational contexts, there's no automatic presumption of innocence, and the evidence threshold needed to pronounce you guilty is relatively low. If the alleged misconduct occurred off-campus, there's an escalated risk of the school infringing on your rights by enforcing disciplinary measures. Retaining a seasoned education law attorney familiar with the subtleties of school policies provides you with the best shot at navigating this situation with minimal harm.
The Student Defense Team at the Lento Law Firm has a long history of successfully managing cases similar to yours. Our assistance includes:
- A thorough evaluation of the accusations against you and formulating the most compelling defense strategy possible (even if your hearings do not permit formal legal counsel);
- Collecting evidence and procuring witnesses to bolster your defense;
- Providing advice on negotiation tactics with your institution to reach a fair resolution—or, when appropriate, negotiating directly on your behalf;
- Assisting in your preparation for the disciplinary hearing and refining your arguments; and
- In extraordinary situations where a school is exceeding its lawful boundaries, we can explore potential avenues for litigation.
If you're a student faced with disciplinary proceedings at an Alaska college or university, or if you're a parent of a student in such a predicament, remember that you don't have to navigate this journey alone. The Student Defense Team at the Lento Law Firm has the knowledge and experience to guide you successfully through this process. We have stood by students nationwide in the most intricate cases, and we will strive relentlessly to secure the most favorable resolution for you. Reach out to us at 888-535-3686 or connect with us via our online form.
