Attending a college or university in Delaware can be a wonderful time of learning, growth, and discovery. Leaving home, meeting new friends, living on- or off-campus, and exploring new experiences – your college years can help you figure out who you are and what you want to do with the rest of your life. Of course, there can be downsides, too, particularly if you find yourself accused of violating school policies as a result of something that took place off-campus. Delaware colleges and universities all have conduct regulations that students are expected to follow – both off-campus and on-campus. If you've been accused of off-campus misconduct at your Delaware school, contact the Lento Law Firm Student Defense Team for help. Our experienced attorneys understand school conduct rules and regulations and disciplinary procedures at schools in Delaware, and we can help you protect your rights and your future. Call us today at 888.535.3686 or use our contact form to set up a confidential consultation.
Can My College Really Discipline Me for Alleged Misconduct that Occurred Off-Campus?
Quick answer: Yes. In almost every case, the school's code of conduct will specifically state that it applies to at least some types of off-campus conduct. The language might be somewhat vague; sometimes, it will say that the conduct rules apply to behavior that “reflects on the school,” or more specifically, to misconduct that occurs on-campus as well as “in the surrounding community.” In some cases, misconduct, such as plagiarism, can take place almost anywhere, and schools will not hesitate to discipline students no matter where the actual act took place. Schools will also discipline students for misconduct that occurs on school-sponsored trips, during foreign exchange programs, while working at an internship or co-op program job arranged through the school, and at away sporting events.
If you haven't read your school's code of conduct or student handbook, now may be a good time to do so. When you enrolled, you agreed to the conduct terms that apply to students at your school, and you may be able to save yourself a lot of headaches by understanding what the school expects of you in terms of your conduct and what steps the school can take if it believes you've committed some kind of misconduct. One important takeaway that applies to every school conduct code is that your conduct doesn't have to be illegal for your school to discipline you. Typically, you can be disciplined for a wide range of things that may otherwise be legal in the “real world.”
When it comes to off-campus misconduct, it's also not safe to assume that what happens off-campus stays off-campus. Many schools work very hard to become integral parts of their surrounding communities, and the ties between local residents and businesses and the schools are often quite strong. People in the community know people who work at your school, and they won't hesitate to complain when students are involved in misconduct in the surrounding community. Whether your school is in or close to Wilmington, Delaware's largest city, or smaller ones like Newark and Dover, it's likely that the conduct of students off-campus will be noticed by local residents and, in some cases, reported to school administrators.
While schools will often use broad language to describe their right to discipline students for off-campus behavior, that doesn't mean they have complete discretion to impose sanctions for any kind of conduct that the school argues is in violation of school policy. School administrators may sometimes go too far when administering what they believe is appropriate discipline, which is why you need the help of an experienced student defense attorney if your school has accused you of off-campus or any other kind of misconduct.
The Lento Law Firm Student Defense Team understands the limits of a school's right to discipline its students, including for activities that take place away from campus. Our attorneys have helped students all over the US who have been accused of serious misconduct by their schools, and we understand both school conduct policies, what the limits are of the school's ability to enforce those policies, and when the school's attempts at enforcement are appropriate – or are not. We will help you defend your rights in any school discipline situation in Delaware, with our goal being to protect you and your future.
Criteria Used by Delaware Schools to Discipline Off-Campus Behaviors
Each college or university in Delaware has its own student conduct policies. The policies describe, in different levels of detail, the type of behavior that the school expects of its students, what types of misconduct are prohibited, and how the school will respond if a student is accused of misconduct. The policies will include language that the school will regularly look to when trying to discipline students for alleged misconduct that took place away from campus.
The University of Delaware, for example, reserves the right to discipline a student for conduct “which occurs in any location” that is “egregiously offensive to the University's mission.” It prohibits students from engaging in behavior that will “endanger the safety of campus or surrounding community.” Much of the school's code of conduct uses language that prohibits a wide range of behavior that “demonstrates disrespect” in one form or another – disrespect “for self,” “for safety,” “for integrity,” and “for community,” and other qualities that the university considers important.
Wilmington University includes a list of specifically prohibited acts in its code of conduct, including “inappropriate behavior during an internship while representing Wilmington University” and “Verbal and non-verbal harassment, whether in person or online, on campus or off.” Delaware State University's Student Handbook states that it “has the jurisdiction to discipline students for engaging in conduct that occurs off-campus, study abroad, and outside of university premises and university activities if such conduct adversely affects the vital interests of the university.”
A number of these standards are capable of being interpreted in different ways depending on who is doing the interpreting. This is not unusual when it comes to colleges and student discipline; many schools try to leave themselves a lot of room to discipline students for conduct that school administrators may disagree with, whether it takes place on- or off-campus. That's where retaining one of the experienced attorneys from the Lento Law Firm Student Defense Team can help. We will review the allegations against you, the support that the school claims to have for those allegations, the school's own policies, and how the school is trying to use those policies against you. We will fight for your rights and will vigorously challenge the school if it attempts to discipline you for off-campus conduct that had nothing to do with the school.
Common Factors that May Incur Disciplinary Action for Off-Campus Behaviors
Schools in Delaware – and all over – will use a variety of tactics to attempt to connect student behavior that takes place away from campus with the school's honor code or disciplinary regulations. Some of these tactics include:
- Connection to School-Related Activities. When the alleged misconduct happens during a school-sponsored activity that takes place off-campus, the school will often claim the right to discipline the student for the behavior. There are many examples: athletic events such as “away games,” semester abroad programs, even when the foreign campus is operated by a different school, school-sponsored travel, and, as noted above with respect to Wilmington University, conduct that occurs while working at a school-sponsored internship.
- Academic Misconduct Off-Campus. Computers can be used virtually anywhere, and that means that a student is able to commit any number of different types of academic misconduct from any location that has a connection to the Internet. Typical academic misconduct allegations include plagiarism, cheating on online exams, and improper collaboration on projects or other assignments.
- Violation of State or Federal Laws. Whether or not you are formally charged or convicted of a crime, if the school considers your off-campus behavior to be in violation of a state or federal law, you may be disciplined for it.
- Online Misconduct. Behavior that occurs online that the school considers to have a detrimental effect on the school community can result in disciplinary proceedings no matter where the student may physically be located when that behavior takes place. Things like hate speech, stalking, harassment, and bullying – particularly against another student or a school employee, but in some cases against people outside of the school community – can result in the student facing disciplinary charges.
- Sexual Harassment, Assault, or Discrimination. Schools have strong policies, many implementing federal “Title IX” requirements against a wide range of types of sexual harassment, assault, and discrimination. Schools will often enforce these policies against off-campus behavior, even when they are not required by law to do so.
- Misconduct During University-Sponsored School Events. Your behavior during events that are specifically sponsored by the school, such as conferences, sporting events, and theater or music performances, can result in your school disciplining you.
- Misconduct Connected to University-Recognized Organizations. This relates to conduct that takes place at off-campus fraternities or sororities, or recognized sports teams (varsity or club), or academic society gatherings. Because of the close connection between these types of groups and the school, misconduct that takes place at their off-campus locations may often result in school discipline.
- Honor Code/Moral Code Violations. Some schools – particularly private ones – may require students to sign an honor code or pledge when enrolling. These can be quite restrictive and may prohibit behavior on- or off-campus that is otherwise considered legal. Examples are codes that prohibit premarital sex, cohabitating with a member of the opposite sex outside of marriage, or even alcohol consumption for students of all ages. Schools that have these policies will regularly enforce them.
- Threats to Health and Safety. Schools will discipline students for off-campus behavior that is considered a threat to the health and safety of members of the school community, students, and staff alike. Selling illegal drugs off-campus is one example of conduct that may result in school discipline, even if the student does not face any criminal charges for doing so.
- Threat to University Reputation. This is the “catch-all” mentioned above with respect to Delaware State University's Student Handbook. Schools will regularly use similar language to support disciplinary actions that may not be supportable, such as when students engage in off-campus protests.
The Lento Law Firm Student Defense Team has years of experience defending students against questionable attempts by their colleges to discipline them for alleged misconduct that occurred off-campus and arguably had nothing to do with the school. We can help you if you are facing a similar situation or if you're facing any kind of serious school discipline.
Possible Disciplinary Actions for Off-Campus Misconduct in Delaware
Delaware colleges and universities – as do schools across the US – have a wide range of options when it comes to punishing students who are found to have engaged in misconduct. The possible consequences include:
- Warning. This can be as simple as a verbal warning or as serious as a written one that stays on your permanent record for future employers or schools to see.
- Probation. The school may require you to follow certain procedures for a period of time; these may include attending in-person or online seminars or presentations designed to address the particular type of misconduct that you were found to have engaged in.
- Loss of Privileges. You may be restricted from parts of campus or from attending campus events.
- Suspension. The school may require you to sit out a semester or more. You will not be allowed to take courses or attend school events, and your record will reflect the fact that you've been suspended.
- Expulsion. You are permanently removed from the school and typically prohibited from reapplying.
- Degree Withholding or Revocation. The school may refuse to give you a degree that you are close to earning, or in serious cases, the school will refuse to award you a degree that you've earned or revoke one you've already received.
Potential Long-Term Impacts to Your Future
If your academic record reflects a disciplinary penalty imposed by your school, there can be a number of long-term effects on your future. Your degree may be delayed in cases where you've been suspended. Employers and graduate programs will be able to see that you were disciplined in cases where the disciplinary action is recorded on your transcript. You may be required to disclose misconduct violations when applying for certain types of professional licenses. And in some cases, disciplinary actions can make it difficult to secure financial aid for your education.
The Lento Law Firm: Your Delaware Student Defense Team
The Lento Law Firm Student Defense Team has years of experience helping students face serious disciplinary allegations in Delaware and all across the US. Our experienced student defense attorneys know that college and university disciplinary procedures are usually tilted in favor of the school, which is why we aggressively fight to protect the rights of our student clients and make sure that the school follows its own policies and procedures as well as the law. We understand the laws that apply in these kinds of situations and are ready to help you defend your future.
Don't face a serious misconduct allegation by yourself. Our attorneys are prepared to help you defend your rights in school disciplinary proceedings in Delaware, whether you've been accused of on-campus or off-campus misconduct. Call the Lento Law Firm Student Defense Team today at 888.535.3686 or use our contact form to set up a confidential consultation to learn how we can help.
