As a committed student at a college or university in Colorado, your primary focus is on your studies and your future career. But sometimes, all it takes is one unplanned incident, one lapse in judgment, to throw the best-laid plans in jeopardy. For you, maybe it was a night out with friends to "blow off steam" that got out of hand. You may have found yourself in legal trouble, or maybe not. Maybe it was an isolated misstep, and you're eager to move past it. However, all of a sudden, you've been notified by your school that you're under investigation for misconduct and possibly facing suspension or expulsion.
What's shocking to you is that the alleged incident happened off-campus, not on school grounds.
This happens more often than you think. Most Colorado colleges and universities have written policies granting them the authority to penalize certain acts of misconduct, even if they take place off-campus. They've been known to impose sanctions for a range of off-campus incidents, from unauthorized vehicle use to physical altercations in bars to racially offensive social media content. Even if you're wrongfully accused, the school may enforce disciplinary actions based solely on the preponderance of the evidence. Without the assistance and advice of a seasoned education lawyer, that single off-campus incident could completely devastate your future prospects.
All is not lost, however. The Student Defense Team at the Lento Law Firm has nationwide experience and a proven track record of successfully assisting students and their parents to navigate these complex situations. If you're a Colorado college student facing potential disciplinary consequences due to an off-campus incident, or if you're a parent of a student facing accusations, don't hesitate to contact the Lento Law Firm at 888-535-3686 to schedule a consultation—or reach out using our online form.
How Can My School Penalize Me for Something That Happened Off-Campus?
A common misconception among students (and their parents) is that off-campus transgressions fall outside the school's jurisdiction. However, if you read your school's Student Code of Conduct, you will likely find language stating that the school reserves the right to sanction students for off-campus incidents that breach their conduct rules.
The specifics of these policies differ from one institution to another, and in some instances, their legality may be challenged if a policy is overtly unfair. However, the college/university will typically justify its policies by the assumption that when you enrolled, you agreed to abide by the school's disciplinary policies--including their policies regarding off-campus discipline. If school officials suspect you've violated these rules, they believe they're entitled to administer the appropriate discipline--which could extend to suspension or even expulsion.
However, the true extent of a school's legal authority over off-campus activities is a matter of debate. Given the ample room for legal objections to these rules (and considering that schools generally want to avoid lawsuits), many such incidents can be resolved through careful, diplomatic negotiation. However, without the help of an experienced education attorney, many students and parents fail to recognize when a school has exceeded its boundaries, and this often results in a disproportionate punishment that could have been prevented.
The Lento Law Firm's Student Defense Team has extensive nationwide experience in defending students accused of misconduct, both on and off campus. We understand how the disciplinary processes work in California schools, and we know when the lines are being crossed. Even more, we know how to leverage these elements to reduce or even eliminate potential penalties—even in the most complex cases.
Criteria Applied by Colorado Schools for Disciplining Off-Campus Behavior
There are no uniform criteria by which colleges and universities exert authority over alleged off-campus misbehavior. Each school formulates its own policies under which it can intervene and impose disciplinary measures. UC Denver, for example, might handle off-campus incidents differently than Western State Colorado University in Gunnison.
The policies governing off-campus behaviors can range from being extraordinarily specific to extremely vague. In most instances, even when off-campus disciplinary policies are clearly stated, the school will decide whether to exercise its power on a case-by-case basis.
Take, for example, Colorado State University in Ft. Collins, whose Student Conduct Code extends its off-campus jurisdiction specifically to conduct that "adversely affects the University community's health, safety or welfare, poses a threat to persons or property, or may damage the institution's reputation or relationship with the greater community..." Similarly, Regis University in Denver states that its Community Standards "may apply" off campus "when determined that the off-campus conduct affects a substantial University interest."
By comparison, Colorado Christian University has noticeably broad language in its Student Handbook by which it "reserves the right to take necessary and appropriate action" in regard to off-campus incidents. It also vests broad authority with the Vice President for Student Development to determine which off-campus incidents to penalize.
Common Factors That May Prompt Disciplinary Measures for Off-Campus Misconduct
In formulating their disciplinary policies, most colleges and universities take several factors into account when determining how to address off-campus misconduct (or whether to address it at all). These criteria include, but are not limited to:
Connection to University-Sanctioned Activities, Events, and Programs
Universities might claim jurisdiction if the alleged misconduct is connected, either directly or indirectly, with a university-sanctioned event or academic endeavor. This could include field trips, recruitment events, off-campus research, study abroad programs, athletic events, social gatherings, and more.
Off-Campus Academic Misconduct
Schools commonly claim the right to penalize students for cheating, plagiarism, and other forms of academic misconduct, no matter where the misconduct occurs (e.g., at off-campus housing, coffee shops, or online).
Criminal Offenses
If a student violates local, state, or federal laws in an off-campus incident, the university may investigate and take disciplinary action even if the decision is made not to press charges. This is especially true when the alleged behavior damages the university's reputation or affects the learning environment.
Online Misconduct
Colleges and universities may exercise jurisdiction over your online conduct as a student if it involves activities like cyberbullying, threats, harassment, or other forms of behavior that violate the school's Code of Conduct.
Sexual Harassment, Assault, or Discrimination
Although Title IX technically only applies to incidents occurring on campus, many schools have independent policies regarding student sexual misconduct. Therefore, in certain cases of alleged off-campus sexual assault or harassment, the university may decide to intervene, especially if both the victim and the perpetrator are students.
Connection with University-Affiliated Entities
If the alleged off-campus misconduct occurs while participating in activities with university-sanctioned organizations (like fraternities, sororities, or sports teams), the university may exercise jurisdiction and impose discipline even for off-campus actions.
Breach of Honor Code/Moral Code
Some schools (most commonly, private religious institutions) require students to sign an Honor Code, committing to uphold certain moral standards of behavior both on and off-campus (e.g., abstaining from premarital sex, alcohol consumption, etc.). Should a student's off-campus behavior breach these standards, the university might claim the right to impose disciplinary actions.
General Threats to Health and Safety
If your alleged off-campus misconduct poses a direct or indirect threat to the health and safety of others within the school community, the college or university may decide to intervene. This could include behaviors like drug trafficking, possession of dangerous weapons, or threats of violence.
Damage to School Reputation
If a student's off-campus conduct could potentially tarnish the reputation of the university, the institution often opts to initiate disciplinary action. Even in cases with no direct connection to university activities, the school may still opt to take disciplinary action if they feel their reputation has been significantly impacted.
How Colorado Schools May Discipline Off-Campus Misconduct
If your college or university determines that a) your off-campus actions fall under their jurisdiction, and b) those actions necessitate disciplinary action, it's likely they will adhere to their established disciplinary procedures the same as if the alleged misconduct occurred on campus. This process often includes an investigation, interviews with witnesses, and informal and formal hearings. If the school concludes that you violated the Code of Conduct based on a preponderance of the evidence, they may impose one or more of the following penalties:
- Probation: A defined period of monitoring your behavior, during which any additional breach of conduct could result in suspension or expulsion.
- Privilege Revocation: You may be prohibited from engaging in certain activities or accessing specific school facilities or services.
- Restitution: You might be fined or otherwise required to compensate for any loss, damage, or harm caused by your misconduct.
- Suspension: You may be temporarily barred from attending classes or university-related events.
- Expulsion: You may be permanently removed from the university, potentially nullifying your academic progress to date.
- Degree Withholding or Revocation: In cases of particularly serious misconduct, the school may decide to withhold or revoke any degrees you've previously earned.
Potential Long-Term Consequences of Disciplinary Actions
The ramifications of being accused of student misconduct can be far-reaching. Even for off-campus misconduct, if the school takes disciplinary action against you, it can have enduring impacts on your future. Some of these consequences may include:
Interrupted Academic Progress: Suspension or expulsion can delay or even halt your academic progress, complicating your path to earning your degree. (Being expelled from one school may also hinder your acceptance at another.)
Transcript Annotations: Disciplinary actions could result in negative notations on your academic record, potentially creating a detrimental impression with future employers or graduate programs.
Professional Licensing Challenges: If your desired career requires professional licensing (such as law, medicine, or architecture), a disciplinary record may affect your ability to obtain these licenses.
Graduate School Admissions: Many graduate programs ask applicants to disclose any disciplinary actions during the application process, which could negatively influence one's chances of acceptance into these programs.
Financial Aid Eligibility: Serious disciplinary actions can impact your eligibility for financial aid, including loans, grants, and scholarships.
The Lento Law Firm: Your Dedicated Student Defense Team in Colorado
If you're accused of misconduct by your college or university (whether on or off campus), you're effectively entering the disciplinary process at a disadvantage. There's no guaranteed presumption of innocence in school disciplinary proceedings, and most schools employ the standard of preponderance of evidence to establish your guilt--which means they only need to be persuaded that it's more than 50 percent probable that you've broken the rules. Your best chance of vindication and/or leniency lies in retaining a seasoned education attorney at the earliest hint of trouble. The Student Defense Team of the Lento Law Firm will assist in the following ways:
- Evaluate the charges brought against you and advise you on the most effective strategy to counter the claims (even if you're not allowed legal representation during your hearing);
- Gather evidence and secure witnesses to strengthen your defense;
- Negotiate with the school and/or their legal representatives to reach the most favorable outcome for you;
- Craft a compelling written response to the complaint lodged against you;
- Aid you in preparing for any hearings you may have to attend;
- Assist in orchestrating an appeal if the school declares you in violation; and
- In rare circumstances, initiate proceedings to litigate (if the school is clearly overstepping its legal boundaries).
If you're a student in Colorado facing disciplinary action for off-campus behavior--or if you're a parent of a student grappling with these issues--the worst course of action is to do nothing or to confront the allegations without help. Don't jeopardize your academic or professional future. The team at the Lento Law Firm will endeavor to protect your rights and help you secure the most favorable resolution attainable. Reach out to us at 888-535-3686 or fill out our convenient online form.
