Imagine this scenario: You're a college student in Louisiana, and a night out with friends spirals out of control. Perhaps you're involved in a physical altercation, or perhaps alcohol fuels some reckless behavior. Maybe you even find yourself tangled with the law. However, the incident occurred far from campus, and you've chalked it up to a "one-time misstep." But now, to your shock, the university has caught wind of it, and school authorities are summoning you for a hearing to discuss potential disciplinary actions, even potentially suspending or expelling you.
You may wonder, "How can they do this? I wasn't even on campus!" Yet, unbeknownst to many students (and their parents), most colleges and universities have language in their Student Codes of Conduct that extend their jurisdiction to certain types of off-campus misconduct. If you're facing this predicament, your academic future hangs in the balance, and without an education attorney, your career aspirations could be significantly derailed.
However, you don't need to navigate this challenging situation alone. The Student Defense Team at the Lento Law Firm is well-versed in assisting students across the nation who are grappling with disciplinary measures from their institutions. Whether you're a Louisiana student facing disciplinary proceedings for an off-campus incident or a parent of a student in distress, our team can swiftly intervene, work to resolve the dispute, and safeguard your rights. Contact the Lento Law Firm at 888-535-3686 today for a consultation, or utilize our online contact form.
Understanding How Colleges and Universities Extend Their Jurisdiction to Off-Campus Conduct
It often comes as a surprise to students and parents that many Louisiana colleges and universities have crafted written policies asserting their right to discipline students for off-campus behaviors. Each school sets its own standards for jurisdiction, and occasionally, the legitimacy of a policy may be contested if it seems overtly unfair or legally dubious. Generally speaking, as long as the school has a written policy concerning off-campus misconduct (which usually can be found in the school's Student Code of Conduct), your enrollment implies your consent. If you're suspected of breaching these rules, either on or off campus, the institution may launch disciplinary proceedings.
Nevertheless, the extent to which a school can legally enforce its authority over an off-campus incident is a topic ripe for discussion. Legal intervention might be necessary if a student's rights have been infringed, although schools usually strive to sidestep such situations. In these cases, skilled negotiation often serves to avert or lessen severe disciplinary actions.
The Student Defense Team at Lento Law Firm boasts a strong track record in supporting students accused of misconduct. We are well-versed in the intricacies of institutional regulations, student rights, and due process procedures within Louisiana colleges and universities. Our experience lies in guiding students through the disciplinary process and liaising effectively with schools and their legal departments when required.
Louisiana Schools' Disciplinary Measures for Off-Campus Misconduct
Colleges and universities lack a standardized protocol to handle alleged off-campus misbehavior, leading to confusion among students, parents, and legal authorities. Each institution creates its own policies in this domain, with language ranging from overly specific to ambiguous and unclear. This variation adds to the complexity and uncertainty surrounding the issue.
As an example, in its Student Code of Conduct, Louisiana State University includes broad language stating that university authorities "shall have discretion to extend jurisdiction over conduct that occurs off campus when the conduct adversely and significantly affects the learning environment or University community and would be in violation of the Code if the conduct had occurred on campus." Broad-stroke language like this tends to give the school a wide range as far as determining what actions might "significantly affect the learning environment."
Similarly, Nicholls State University in Thibodeaux, LA, includes language in its student policy that may address off-campus misconduct "when the university has an identifiable interest or the violation affects the university process." It also specifically extends its jurisdiction to student misconduct that occurs online.
Conversely, in its Code of Conduct, Southeastern Louisiana University limits its off-campus jurisdiction to university-sanctioned events as well as "off-campus conduct that adversely affects the University Community and/or has a detrimental impact on the University's educational function." (Still, determining what type of conduct would "adversely affect the University Community" could be broadly interpreted.)
How Louisiana Colleges and Universities Determine When to Discipline Off-Campus Conduct
The process by which higher education institutions decide to take disciplinary action for off-campus misconduct is far from uniform. However, certain common criteria often guide these decisions. These include the following.
Connection with School-Endorsed Programs
Schools frequently exert their authority over off-campus incidents directly or indirectly linked to school-approved activities. These might include internships, research projects, or field trips.
Connection with School-Sanctioned Events
Schools often assert their jurisdiction over off-campus incidents that occur during events that are directly or indirectly connected to the school. This extends to situations where school equipment is utilized or when the event is under the institution's supervision, such as a conference, sports event, or social gathering.
Connection with School-Recognized Organizations
If a student's alleged off-campus misconduct occurs during activities linked to university-recognized groups (like fraternities, sororities, sports teams, or other student organizations), the university may decide to exercise jurisdiction and implement disciplinary measures.
Illegal Activities
Many schools maintain the right to enforce disciplinary actions if a student's off-campus conduct breaks local, state, or federal laws. This holds true even if the student isn't facing official criminal charges, particularly if the behavior harms the school's reputation or disturbs its academic climate.
Cases of Academic Dishonesty
Schools often extend their jurisdiction to off-campus cases of academic dishonesty, such as plagiarism or cheating. In most cases, these actions are subject to discipline no matter where they occur.
Online Misconduct
Higher education institutions may claim authority over specific online student behaviors, like cyberbullying, threats, harassment, or other forms of misconduct impacting the campus community. This could include posting derogatory content about a fellow student on social media platforms like TikTok or sharing embarrassing photos via group chat.
Sexual Harassment, Assault, or Discrimination
Although Title IX primarily applies to on-campus incidents for schools receiving federal funding, many schools have separate policies concerning student sexual misconduct. The school may decide to exert jurisdiction in cases of alleged off-campus sexual harassment or assault, especially if both the accused and the victim are students.
Breaching the Honor Code
In schools where an Honor Code is in effect, requiring students to uphold certain ethical standards (common in religious or faith-based schools), the school is likely to assert its authority if a student breaches this code, regardless of whether it happens on or off campus.
Threats to Campus Community Safety
If a student's alleged off-campus conduct poses a direct or indirect risk to the safety and welfare of the university community, the school may choose to impose disciplinary action. Examples of such offenses could include drug trafficking, possession of dangerous weapons, or overt threats made against students or teachers.
Harm to School Image
When a student's off-campus actions significantly risk damaging the university's reputation, the institution may choose to commence disciplinary proceedings.
What Disciplinary Actions Might the School Impose?
If your Louisiana college or university has decided that your off-campus actions are within their purview, what happens next? You will likely find yourself in the midst of disciplinary proceedings that mirror those for on-campus violations. There's an investigation, witness testimonies are collected, and there may be formal or informal hearings. If the evidence suggests misconduct, you could face one or more of the following disciplinary sanctions imposed by the school:
- Probation: A set period of time during which any further slip-ups could jeopardize your standing at the school.
- Loss of Campus Privileges: You could find doors closing to certain events, specific facilities, or even practical privileges like parking permits.
- Restitution: You may be asked to make amends for any loss, damage, or injury through service or monetary fines.
- Additional Education: The institution might require you to participate in educational programs related to your offense, such as workshops or online courses.
- Suspension: You could find yourself barred from the university for a designated period of time, unable to attend classes, take exams, or attend school events.
- Expulsion: The harshest punishment of all: permanent dismissal from the institution, potentially erasing all your academic progress.
- Degree Revocation: In the most extreme cases, the school may even undo what's been done and rescind any degrees you've already earned.
The Domino Effect of Disciplinary Actions
Disciplinary actions stemming from off-campus conduct can cast a long shadow over your future. Here are some potential implications that could ripple out from the immediate consequences:
- Academic Progress Under Threat: A suspension or expulsion from the college or university could derail your academic journey, making it harder to finish your degree. Expulsion could also throw a wrench into any plans to transfer to another institution to continue your studies.
- Financial Aid at Risk: Certain disciplinary measures could knock you out of the running for various types of financial aid, including loans, grants, and scholarships.
- Graduate School Admissions Hurdles: Many graduate programs ask applicants to reveal any disciplinary history. This could put a damper on your chances of acceptance.
- Negative Notations on School Transcripts: Some disciplinary actions could leave a permanent mark on your academic record, one that potential employers might see.
- Professional Licensing Obstacles: If you're eyeing a profession that requires licensing (like architecture, nursing, or engineering), a disciplinary record could negatively impact your application for these licenses.
The Lento Law Firm: Your Advocate in Academic Disciplinary Proceedings in Louisiana
Facing disciplinary proceedings at your college or university can be a daunting experience. The presumption of innocence is not guaranteed, and the standard of proof for a guilty verdict is surprisingly low. While it might seem feasible to tackle these issues on your own, going it alone could tip the scales toward an unfavorable outcome. Moreover, without the right legal advice, you may not realize that the school is exceeding its lawful authority. Inviting an experienced education attorney to join your team early in the process gives you the best shot at resolving the issue with minimal impact on your academic future. Here's how the Lento Law Firm's Student Defense Team can help:
- We can scrutinize the accusations against you and counsel you on the most potent defense strategy;
- We're able to collect evidence and secure witnesses to bolster your defense;
- We'll advise you on how to negotiate with the institution and/or their legal representatives to achieve the most beneficial resolution--or when possible, we'll negotiate on your behalf ;
- We can support you in preparing for your disciplinary hearing and refining your arguments; and
- In exceptional cases, we can explore options for litigation against the school (if they are clearly overstepping their legal limits).
If you're a student at a Louisiana college or university facing disciplinary action—or if you're the parent of a student in this situation—know that the Lento Law Firm Team is committed to safeguarding your rights and working tirelessly to secure the most favorable outcome possible. Reach out to us at 888-535-3686 or by using our online form.
