It's trouble that you didn't see coming. As a student at a college or university in California, you take your studies seriously. But maybe you and your friends were blowing off steam one night and ended up doing something dumb or even illegal. Perhaps you drank too much and stole a car for a "joyride." Maybe you posted a controversial rant against someone on TikTok. Perhaps you got in a fistfight with another student at a local bar. Or maybe you did nothing at all--and someone is now falsely accusing you. Now, to your surprise and dismay, you've gotten notice from the school that they are investigating your misconduct, and you could be suspended or even expelled--for something that happened off-campus.
It may or may not seem fair, but colleges and universities across the State of California (both public and private) often claim jurisdiction over off-campus misconduct and discipline their students accordingly. Without help from an experienced education attorney, your academic progress could be disrupted and your future career endangered. The Student Defense Team of the Lento Law Firm has extensive experience helping students and their parents navigate and resolve these types of difficulties. If you are a California college student facing possible disciplinary action for an off-campus incident, or if you're a parent of a student who has been accused, call the Lento Law Firm at 888-535-3686 today to schedule a consultation or reach out to us online.
Can My College Really Discipline Me for Alleged Misconduct that Occurred Off-Campus?
In many cases, yes. Many students wrongfully presume that if their alleged indiscretion or misconduct occurred off-campus, the school has no authority (and, indeed, should not even be aware of the offense). However, most California universities and colleges have some sort of policy allowing them to do just that--regardless of whether the police have become involved or not.
The actual criteria and guidelines by which the school claims authority will differ from school to school--and on occasion, the legalities can be challenged when a policy is patently unfair. But for the most part, as long as the rules are written somewhere in the school's disciplinary policies or in the student Codes of Conduct, you are presumed to be subject to these rules once you enroll as a student. If the school authorities believe you have violated these rules--on or off campus--they may attempt to invoke disciplinary action against you.
That being said, the question of how much authority schools really have over off-campus behavior is still very much a gray area, regardless of what is written. The interpretation of what off-campus activities come under school jurisdiction, to what extent, and under what circumstances--all of these factors are commonly subject to debate. While litigation is sometimes necessary, most of these questionable factors can often be resolved through skilled negotiation and knowing the student's rights in the situation. The problem is that if you are unaware of these nuances (as many students and parents are), you could find yourself facing disciplinary actions with long-lasting impacts that otherwise could have been avoided.
The Student Defense Team at the Lento Law Firm has nationwide experience defending students who have been accused of misconduct, both on and off campus. We understand the complexities of school rules, student rights, and due process procedures in California schools, and we know how to leverage these elements in your favor to reduce or eliminate the possible penalties--even in the most complex cases.
Criteria Used by California Schools to Discipline Off-Campus Behaviors
There is no uniform set of criteria by which colleges and universities can exert authority over alleged misconduct occurring off-campus (which is what makes this issue so confusing at times). Rather, each school establishes its own policies under which it may intervene and levy disciplinary action. Sometimes, these policies are very detailed, and other times, they can be quite vague. More often than not, the school decides whether to take action on a case-by-case basis according to a set of factors they consider.
The official off-campus disciplinary policy at UC Davis, for example, contains a long list of factors taken into consideration by the Office of Student Support and Judicial Affairs (OSSJA) to decide whether a student's off-campus behavior comes under their purview. These factors include, but are not limited to, the following:
- If it involves student academics (e.g., a study group, online cheating, etc.)
- If it's reported by a student, faculty member, or other member of the campus community
- If it impairs another student's equal access to University facilities or benefits
- If the conduct partially occurred on campus
- If the offense is particularly serious and warrants a response from the school.
By contrast, UC Irvine's policy of disciplining off-campus misconduct simply states, "The University has the discretion to exercise jurisdiction over off-campus behavior if it
- adversely affects the health, safety, or security of any member of the campus community or
- adversely affects the interests of the University."
Common Factors that May Incure Disciplinary Action for Off-Campus Behaviors
Beyond the examples given above, many schools tend to impose discipline for a wide range of off-campus behaviors if school authorities believe it falls within their jurisdiction. The following is not a comprehensive list, but many California schools will claim jurisdiction if one or more of the following factors apply.
Connection to School-Related Activities
If the misconduct is directly or indirectly related to an academic activity or event, such as a field trip, study abroad program, internship, or research project, the university may claim jurisdiction. For example, if you're accused of assault while participating in a study abroad program, the university may choose to initiate disciplinary proceedings because you are considered to be under the authority of the school while living and studying overseas.
Academic Misconduct Off-Campus
If a student engages in academic misconduct off-campus, such as plagiarism or cheating on an assignment for an online course, the university may claim jurisdiction. This can also apply to misconduct that occurs during off-campus study groups or collaborative projects.
Violation of State or Federal Laws
If a student's off-campus behavior violates local, state, or federal laws and the university becomes aware of it, they may claim jurisdiction, particularly if the behavior reflects poorly on the institution or disrupts the educational environment. (This is regardless of whether the alleged activity results in criminal charges.)
Online Misconduct
In the digital age, online behavior can also fall under university jurisdiction if it involves cyberbullying, threats, harassment, or other forms of misconduct that affect the campus community.
Sexual Harassment, Assault, or Discrimination
Technically, because Title IX is a federal law impacting schools receiving federal funds, Title IX violations like sexual harassment and assault only apply to alleged incidents occurring on campus. However, most schools also have their own policies regarding student sexual misconduct, so in certain cases where the alleged perpetrator is a student (as well as an alleged victim), the school may opt to intervene even if the incident occurred away from campus grounds.
Misconduct During University-Sponsored Events
Colleges and universities will almost always claim jurisdiction over off-campus events that are school-sponsored, utilize school equipment, or otherwise fall under the school's authority. If the misconduct occurs during an event such as a conference, athletic event, or social gathering, the university may claim jurisdiction.
Affiliation with University-Recognized Organizations
If your alleged off-campus misconduct occurs while you are participating in activities with university-recognized organizations (like fraternities, sororities, or sports teams), the university may claim jurisdiction and impose discipline. (For example, if you're accused of selling drugs at an off-campus frat house, the school will likely assume jurisdiction.)
Honor Code/Moral Code Violations
Certain private religious institutions may ask students to sign an Honor Code in which they promise to uphold certain moral standards of behavior both on and off campus (e.g., avoiding premarital sex, alcohol consumption, etc.). If a student's off-campus behavior violates these standards, the school might claim the right to impose disciplinary actions.
Threats to Health and Safety
If your alleged off-campus actions pose a direct or indirect threat to the health and safety of others in the university community, the university may decide to intervene. This could include behaviors like drug dealing, possession of dangerous weapons, or threats of violence.
Threat to University Reputation
If a student's off-campus actions significantly damage the reputation of the university, the institution may decide to take disciplinary action. This is especially true if the behavior involves public figures, business or corporate partners, politicians, or other important stakeholders. Even in cases where there is no direct connection to university activities, the school may still opt to take disciplinary action if they feel their reputation has been significantly harmed.
Possible Disciplinary Actions for Off-Campus Misconduct in California
If your college or university determines that your off-campus misconduct falls within their jurisdiction, they will likely follow their established protocols for discipline the same as if the alleged incident occurred on campus. There will likely be an investigation, interviewing of witnesses, informal and formal hearings, etc. If the school believes misconduct occurred based on a preponderance of the evidence, they may opt to impose any of the following actions against you:
- Probation: A period of time during which any further violation puts your status at the institution in jeopardy.
- Loss of Privileges: You may be restricted from participating in certain activities or accessing certain facilities, or you may lose other privileges, such as parking rights or the ability to represent the university in an official capacity.
- Restitution: You may be required to compensate for loss, damage, or injury. This could take the form of appropriate service and/or monetary or material replacement.
- Educational Programs: You may be required to participate in educational programs, such as workshops or online courses related to the offense committed.
- Suspension: You may be separated from the university for a specified period of time, during which you are not allowed to attend classes or university-related events.
- Expulsion: This constitutes permanent separation of the student from the university.
- Revocation of Degree: Admission to or a degree awarded by the university may be revoked for serious infractions.
- Withholding Degree: The university may withhold awarding a degree otherwise earned until the completion of the process set forth in the student conduct code, including the completion of all sanctions imposed.
Potential Long-Term Impacts to Your Future
If you're accused of misconduct as a student, the stakes are higher than you might think. If the school imposes disciplinary action against you, even for off-campus misconduct, it can have long-term repercussions on your future. Some of these repercussions may include:
- Academic Progress: If you're suspended or expelled, it can delay or even halt your academic progress, making it harder for you to complete your degree. (Being expelled from one school may hinder you from being accepted to another.)
- Transcript Notations: Disciplinary actions may result in notations on your academic transcript, which can be seen by potential employers or graduate programs.
- Professional Licensing: If you're pursuing a profession that requires licensing (like law, medicine, or teaching), a disciplinary record may impact your ability to obtain such licenses.
- Graduate School Admissions: Many graduate programs ask applicants to disclose disciplinary actions during the admissions process, which could negatively affect their acceptance chances.
- Financial Aid Eligibility: Serious disciplinary actions can affect your eligibility for financial aid, including loans, grants, and scholarships.
The Lento Law Firm: Your California Student Defense Team
Given how much is at stake and how much you have to lose, if you're facing student misconduct allegations in California, the last thing you want to do is face those allegations on your own. With student disciplinary processes, there is no guaranteed presumption of innocence, and the school has a low burden of proof to find you guilty. Your best chance of vindication and/or leniency is to hire an experienced education attorney at the first sign of trouble. Here's how the Lento Law Firm's Student Defense Team can help:
- Evaluate the allegations made against you and advise you on the best strategy for combatting the accusations (even if you're not allowed legal representation at your hearing);
- Gather evidence and witnesses to support your defense;
- Negotiate with the school and/or their attorneys to work out the best possible resolution;
- Draft a compelling written response to the complaint against you;
- Help you prepare for your hearing; and
- In rare cases, take steps to litigate (if the school is obviously overstepping its legal authority).
Don't take unnecessary risks with your academic or professional future. If you are a California student facing school discipline--or if you are a parent of such a student--the Lento Law Firm Team will work to protect your rights and help you get the most favorable resolution possible. Contact us at 888-535-3686 or by using our online form.
