When you enrolled in college or university in Illinois, you probably never imagined that you would face possible suspension or expulsion from school over something that happened off campus. Maybe it was a night out with friends that got out of hand. Maybe you were drunk and rattled off a regrettable social media post. Maybe you got into a fight. Maybe it was a one-time mistake--or maybe it never happened, and someone falsely accused you out of a sense of vengeance. Whatever the case, you've suddenly gotten notified that the school is investigating your alleged misconduct and that you're facing disciplinary action as a result--even though the incident didn't happen anywhere near the school.
It might seem unfair, but this is a fairly common occurrence. Most educational institutions in Illinois have regulations in which they claim the right to penalize student misconduct even when it happens off campus. Even if you're wrongfully accused, they can enact discipline based solely on a preponderance of the evidence. Without the assistance and advice of a seasoned education attorney, a single off-campus blunder or mishap has the potential to completely derail your future.
If you're either an Illinois college student facing disciplinary action or a parent of such a student, the best way to avoid these potentially disastrous outcomes is by getting skilled legal counsel on your side as quickly as possible. The Student Defense Team at Lento Law Firm has a nationwide track record of successfully assisting students and their parents to navigate these kinds of difficulties. We can work with you and the school to bring about an effective resolution, almost always without the need for official legal action. Contact the Lento Law Firm at 888-535-3686 to schedule a consultation.
Can My School Justifiably Penalize Me for Alleged Misconduct That Happened Off-Campus?
In many cases, they can. Many students wrongly assume that off-campus infractions are outside the school's purview--and admittedly, sometimes schools may overreach their authority--but the majority of Illinois colleges and universities do have established policies in their Student Codes of Conduct related to disciplining students for off-campus incidents that breach their conduct standards. The details of these policies differ from one institution to another, and in certain situations, the legality can be challenged if a policy is patently unfair. However, it's generally assumed that once you enroll in a college or university, you are agreeing to the school's disciplinary policies, including their policies on disciplining off-campus behaviors. In many cases, the disciplinary action taken may be the same as if the incident had occurred on campus, with penalties as severe as suspension or expulsion from the school.
All that being said, the amount of authority a school truly has over a student's off-campus behavior is still something of a legal gray area, leaving plenty of room to raise legal objections when a school oversteps its boundaries. The art of skillful negotiation is key here because despite what may be written in the school's Code of Conduct regarding off-campus jurisdiction, the school itself typically prefers to resolve disputes amicably without litigation. The issue is most parents and students are unaware of the students' rights in these situations, so without appropriate legal guidance, the student often suffers a significant blow to their academic career that otherwise could have been averted.
The Lento Law Firm's Student Defense Team has nationwide experience in defending students accused of misconduct, both on and off campus. We understand the intricacies of school regulations, student rights, and due process procedures in Illinois schools, and we know how to leverage these factors to reduce or nullify potential penalties—even in the most complex cases.
Disciplinary Guidelines for Off-Campus Misconduct in Illinois Schools
Colleges and universities in Illinois lack a uniform standard when it comes to addressing alleged off-campus misbehavior. Each institution establishes its own set of rules under which it can intervene and enforce disciplinary action. In most cases, this information can be found in the school's Student Code of Conduct, which is made available to every student.
Some schools may be quite detailed in when/where they will exercise jurisdiction for off-campus behaviors, but in many cases, the language is quite vague to allow the school broad discretion to decide whether to exert their authority.
Just to cite some examples:
- The University of Illinois at Chicago reserves the right to exert jurisdiction over off-campus conduct "in connection with any required educational activity or co-curricular experience" and when the student's conduct "affects the interests or environment of the university community and/or individual members or specific groups within that community."
- Meanwhile, Southwestern Illinois College limits its off-campus authority to college-sponsored activities.
- At Western Illinois University, the Vice-President for Student Success is granted sole authority to determine "whether a violation or serious criminal act, occurring off campus, will be adjudicated by the University conduct process."
Common Factors That May Result in Disciplinary Actions for Off-Campus Misconduct
Even if a school claims the right to discipline students for misconduct that occurred off-campus, most schools still decide whether to enforce that right on a case-by-case basis. Some of the factors the school authorities may consider include the following:
University-Sanctioned Activities, Events, and Programs
If the alleged misconduct is directly or indirectly linked to a university-sanctioned event or academic endeavor, the university may claim jurisdiction. Such programs could include field trips, recruitment events, off-campus research, study abroad programs, athletic events, social gatherings, and more.
Off-Campus Academic Misconduct
Universities may exert their authority if a student engages in academic misconduct off-campus, such as plagiarism or cheating on an online course assignment. This also extends to misconduct occurring during off-campus study groups or collaborative assignments.
Breach of Local, State, or Federal Laws
Should a student's off-campus conduct constitute a crime, the school may investigate and enforce discipline on its own terms, regardless of whether law enforcement decides to file formal charges. This is especially true when the alleged conduct tarnishes the institution's reputation or disrupts the educational environment.
Misbehaviors Online
A student's online behavior can fall under school jurisdiction if it involves activities like cyberbullying, threats, and harassment of other students--for example, texting humiliating photos of someone to other students or posting racial epithets on TikTok.
Sexual Harassment, Assault, or Discrimination
As Title IX is a federal law impacting schools that receive federal funds, Title IX violations like sexual harassment and assault technically only apply to alleged incidents occurring on campus. However, many schools have separate policies regarding student sexual misconduct, so in some cases of alleged off-campus sexual assault or harassment, the school may choose to intervene--especially if both the victim and the perpetrator are students.
Affiliation with University-Recognized Organizations
If your alleged off-campus misconduct occurs while you're involved in activities with university-recognized organizations (like fraternities, sororities, or sports teams), the university may claim jurisdiction and enforce discipline.
Breaches of Honor Code/Moral Code
Some schools, especially private religious institutions, hold their students to an Honor Code (either separate from or as part of the Code of Conduct). The Honor Code may require students to uphold certain moral standards of behavior both on and off campus (e.g., abstaining from premarital sex, alcohol consumption, etc.). If a student's off-campus behavior breaches the standards of the Honor Code, the school might assert the right to enforce disciplinary actions.
Threats to Community Health and Safety
If the student's off-campus conduct poses a direct or indirect threat to the health and safety of others in the school community, the college or university may decide to intervene. Examples might include behaviors like drug dealing, possession of dangerous weapons, or threats of violence.
Damage to University Reputation
If a student's off-campus conduct could damage the reputation of the university, the institution often decides to initiate disciplinary action. 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 impacted.
What Disciplinary Measures Could the College or University Impose?
If your school determines that your alleged off-campus behavior is within its jurisdiction and calls for disciplinary action, it will generally adhere to its regular disciplinary protocols as though the misconduct occurred on campus. You can expect the school to conduct an investigation, interview witnesses, call you in for informal and formal hearings, and so on. If school authorities find you in violation of the Code of Conduct, they may impose any of the following sanctions against you:
Probation: A designated period where your actions are closely monitored, and any further violation could lead to suspension or expulsion.
Loss of Campus Privileges: You may be prevented from participating in certain activities or using specific facilities or services.
Fines and/or Restitution: You might be obliged to compensate for any loss, damage, or injury caused by your misconduct. The school might also impose its own fine.
Suspension: You may be temporarily barred from attending classes or university-related events.
Expulsion: You may be permanently separated from the college or university, potentially erasing your academic progress to date.
Degree Withholding or Revocation: In severe cases of misconduct, the school may choose to withhold or revoke any degrees you've already earned.
Lasting Consequences of School Disciplinary Action
Even after the initial disciplinary action is imposed, the repercussions for you as a student can last for years--even if your alleged misconduct occurred off-campus. If the school succeeds in disciplining your misconduct, lingering consequences may include:
- Disruption of Your Academic Progress: Suspension or expulsion can delay or terminate your academic progress, making it harder to earn your degree. (Expulsion from one institution may also affect your acceptance at another.)
- Financial Aid Eligibility: Serious disciplinary actions can impact your eligibility for financial aid, including loans, grants, and scholarships.
- Transcript Notations: Disciplinary actions could result in unfavorable notations on your academic record, which could reflect negatively with potential employers or graduate programs.
- Professional Licensing Difficulties: If your career path requires professional licensing (such as law, medicine, or architecture), a disciplinary record could hinder your ability to secure these licenses.
- Graduate School Admissions: Many graduate programs ask applicants to disclose any disciplinary actions during the application process, which could negatively affect your chances for acceptance.
The Lento Law Firm Can Help Protect Your Academic Future
Based on the information above, it should be apparent that if you're an Illinois college or university student accused of misconduct, the stakes are higher than you think. Not only are the repercussions potentially devastating, but when you're accused of misconduct as a student, you're not guaranteed a presumption of innocence. In student disciplinary proceedings, there is no guaranteed presumption of innocence--and schools typically determine your guilt or innocence based on a preponderance of the evidence, not "guilt beyond a reasonable doubt." Fortunately, an experienced education attorney can help level the field for you and give you a much better chance at obtaining a favorable resolution.
The Lento Law Firm's Student Defense Team can:
- Evaluate the allegations against you and advise on the most effective strategy to refute the accusations;
- Gather evidence and witnesses to strengthen your defense;
- Negotiate with the school and/or their attorneys to achieve the most favorable resolution in your case;
- Craft a compelling written response to the complaint against you;
- Assist you in preparing for any hearings you may face;
- Coordinate an appeal if the school finds you in violation; and
- In rare cases, take steps toward litigation if the school is clearly overstepping its legal authority.
If you're an Illinois student facing disciplinary action for off-campus conduct—or if you're the parent of a student facing these issues—the worst thing you can do is confront these allegations alone. You've worked too hard to risk your future now. The Lento Law Firm Team is committed to protecting your rights and helping you attain the best possible outcome. Contact us at 888-535-3686 or via our online form.
