When you began your academic journey at a Maine college or university, you never imagined facing any kind of disciplinary proceedings. You've tried to be diligent in your studies, maintaining a strong academic standing. Yet, you now find yourself under scrutiny by the school for alleged misconduct, and maybe you've even been notified of possible suspension or expulsion over it.
What's most disturbing about this situation is that the alleged misconduct didn't happen anywhere near campus!
The investigation could have been triggered by almost anything. Perhaps you were celebrating post-exams with friends, and things spiraled out of control. Maybe you had too much to drink and did something regrettable, like steal a car for a joyride or vandalize a building. It could be that the school stumbled upon an unfortunate social media post. Or possibly, you're being wrongfully accused, potentially to divert blame from the actual culprit. Regardless of what actually happened (or didn't happen), you're rightfully questioning whether the school even has the authority to impose disciplinary actions--because it happened off campus.
If you're a student in this situation--or a parent of such a student--know that you're not alone. Astonishingly, higher education institutions across the U.S., including those in Maine, frequently claim to have jurisdiction over certain off-campus student behaviors. The school typically makes these claims in the school's Student Code of Conduct. Yet, the legal basis of such claims can be dubious, and depending on the specifics, it's possible that your rights are being infringed unknowingly. Without an experienced education attorney by your side, you risk facing unwarranted consequences that could significantly affect your future. The Student Defense Team at the Lento Law Firm has extensive experience nationwide in these situations, and we can expedite the resolution of this issue with your school while safeguarding your rights and future prospects. Contact the Lento Law Firm at 888-535-3686 today to schedule a consultation, or use our online form to reach out.
Is it Legal for My School to Discipline Me for an Off-Campus Incident?
There's no straightforward answer to this question. Many Maine colleges and universities have formalized policies asserting jurisdiction over certain off-campus activities to the extent that they affect the school. Each school may define its authority based on specific criteria, and the legality of these policies can often be confusing, at best. However, by enrolling as a student, the school presumes you implicitly agree to the provisions found in the Student Code of Conduct--including the school's policies regarding off-campus behavior. Therefore, if you're suspected of breaking these rules—whether on or off campus—the school claims the right to initiate disciplinary procedures.
Nonetheless, the extent of a school's legal authority over off-campus behaviors remains a contentious issue. The laws vary from state to state (and rules differ from school to school), and because of the lack of consistency, there's an increased risk that your rights as a student could be violated if the school assumes the right to discipline off-campus conduct. Fortunately, most issues of this nature can be resolved through skilled negotiation, as colleges and universities generally prefer to avoid legal disputes.
The Student Defense Team at Lento Law Firm has a proven success record in such cases. We excel in understanding the intricacies of school regulations, student rights, and due process procedures within Maine colleges and universities, and we will work with you to ensure your rights are protected.
Off-Campus Misconduct Policies at Maine's Colleges and Universities
Most schools in Maine will craft some sort of policy regarding their jurisdiction of off-campus student activities. The verbiage in these policies varies greatly—from highly specific (which provides students and parents with a clearer idea of what they can expect) to extremely vague (which typically affords the institution more discretion in deciding when and where to enforce discipline). To give a few examples:
- The University of Maine system has a system-wide Student Conduct Code applicable to all its campuses in the state. It claims jurisdiction over off-campus behaviors "in any context where the University can demonstrate a substantial interest regardless of the location of the conduct, including online or off-campus, and where the conduct threatens: a. Any University educational process; or b. The legitimate function of the University; or c. The health or safety of any individual."
- Colby College employs similar language in its Student Handbook, asserting jurisdiction over "conduct at any other activity (including off-campus social and extracurricular activities) in which the College determines that it has an educational interest and that such conduct would seriously threaten/impact: (a) the health and/or safety of an individual(s); (b) any educational process or function of the College; (c) the broader College or off-campus community, or (d) the reputation of the College."
- The University of New England (UNE) is more vague in its terminology, stating that "any conduct off campus which directly and adversely disrupts the educational environment and/or the mission or objectives of the University on any campus may be acted upon by the University."
What can make these policies even more confusing is that colleges and universities also reserve the right to enforce discipline on a case-by-case basis--even for incidents that school authorities believe are within their purview. This can actually increase the chances that the school will act discriminatorily and/or violate certain students' rights.
Factors Maine Schools Use to Determine Off-Campus Jurisdiction
While every school will approach the question of off-campus discipline differently, there are a number of common factors that frequently come into play. Maine colleges and universities may assert jurisdiction based on any or all of the following factors.
Connection to School-Endorsed Programs or Events
Universities usually claim jurisdiction over off-campus incidents that directly or indirectly involve school-sanctioned activities or events. Examples may include internships, research projects, educational excursions, social events, study abroad programs, and more.
Affiliation with University-Acknowledged Organizations
Should a student's off-campus misconduct transpire during activities related to school-recognized entities (like fraternities, sororities, sports teams, or other student organizations), the college or university may claim jurisdiction and impose disciplinary actions.
Criminal Acts
Higher education institutions often retain the right to enforce disciplinary actions if a student commits a crime off-campus, regardless and independently of whether the student faces formal criminal charges.
Academic Dishonesty
Educational institutions typically extend their jurisdiction to encompass instances of academic dishonesty, including plagiarism or cheating, irrespective of whether it occurs on-campus, off-campus, or online.
Online Misconduct
In the digital age, colleges and universities commonly monitor students' online behavior and penalize conduct such as cyberbullying, threats, harassment, or other disruptive behaviors affecting the campus community.
Violations of Honor Code
In schools that uphold an Honor Code requiring students to adhere to specific ethical/moral standards (a practice common in religious or faith-based schools, for instance), the school is likely to assert jurisdiction if a student breaches this code, regardless of where the violation occurs.
Sexual Misconduct, Harassment, or Assault
While Title IX policies primarily apply to on-campus incidents, many schools have separate policies for student sexual misconduct. Therefore, they may opt to assert jurisdiction over alleged off-campus sexual harassment or assault cases, particularly when both the accused and the victim are students.
Potential Damage to School Reputation
If a student's off-campus actions could potentially tarnish the reputation of the school, school authorities may choose to initiate disciplinary proceedings as a means of restoring the school's good name.
Threats to the Well-Being of the Campus Community
If a student's alleged off-campus behavior poses a direct or indirect risk to the safety and welfare of anyone within the school community, the school is likely to enforce discipline.
Typical Disciplinary Measures Imposed by Maine Colleges for Off-Campus Misconduct
If your school decides your off-campus behavior falls within its jurisdiction and necessitates potential disciplinary action, it will usually follow its standard protocols for student discipline, the same as if the incident occurred on campus. The process might include an investigation, dialogues with you, your accuser(s), and pertinent witnesses, as well as potential formal or informal hearings. If the school determines that you've breached their Code of Conduct or other policies, they might impose one or more of the following sanctions:
- Probation: An established period of observation during which any subsequent infractions could lead to expulsion.
- Monetary Penalties or Restitution: You may need to compensate for any damages, losses, or injuries through suitable service or financial penalties.
- Restriction of Campus Privileges: You may be prohibited from participating in specified activities, accessing certain facilities, etc.
- Additional Education: You might be required to participate in educational programs related to the offense committed, such as workshops or online courses, as a precondition for retaining enrollment.
- Suspension: You might be temporarily barred from the college or university for a defined period, during which attending classes or university-associated events is forbidden.
- Expulsion: You might face permanent removal from the school, potentially resulting in the loss of all your academic progress to date.
- Revocation of Degree: In some scenarios, the school might revoke any degrees you have already obtained.
Long-Term Implications of Disciplinary Actions
Should your school enforce disciplinary measures, the effects can extend beyond the immediate moment, potentially casting a significant shadow over your future aspirations. For instance:
- Your academic progression might be disrupted or halted. An untimely suspension could hinder your ability to complete your degree in time. Expulsion could erase any advancement you've achieved thus far--and it could also obstruct your attempts to enroll in another school to continue your education.
- You might lose educational funding. Certain disciplinary sanctions could make you ineligible for various types of financial aid, including loans, grants, and scholarships.
- You might encounter difficulties enrolling in graduate or postgraduate programs. Many advanced degree programs necessitate the disclosure of any disciplinary actions taken against you, which could negatively impact your application.
- You could have negative notations on your transcript. In some cases (though not all), disciplinary actions might result in unfavorable comments on your academic record, potentially visible to prospective employers.
- Professional licensing might become challenging. If you're pursuing a career that requires state licensure (such as architecture, nursing, or engineering), a disciplinary record could adversely influence your application for these licenses.
The Lento Law Firm: Your Ally in Navigating Maine's School Discipline Challenges
When faced with an investigation for misconduct—be it on or off-campus—by your Maine college or university, you're effectively entering the disciplinary process at a significant disadvantage. The principle of "innocent until proven guilty" is not guaranteed, and the school has a low burden of proof to declare you guilty. Facing these accusations alone might increase the likelihood of a more severe penalty, and there's also the potential risk of the institution exceeding its legal jurisdiction and violating your rights. Hiring a seasoned education attorney early in the process can help level the playing field and mitigate the impact on your academic career. Here's how the Student Defense Team at the Lento Law Firm stands ready to assist you:
- Assessment of Accusations: We meticulously evaluate the charges leveled against you and provide guidance toward the most effective defense approach.
- Evidence Compilation: We gather pertinent evidence and secure the testimony of witnesses to strengthen your defense.
- Skilled Negotiation: We steer you through negotiations with the institution and/or their legal counsel to broker the best possible resolution—and where feasible, we can negotiate on your behalf.
- Preparation for Disciplinary Hearings: We support you in readying for your disciplinary hearing and refining your case arguments.
- Exploration of Legal Recourse: In extraordinary instances where the school has evidently breached its legal limits, we can discuss potential litigation options with you.
Whether you're a student at a Maine college or university grappling with disciplinary action, or a parent of a student in such circumstances, know that these allegations of off-campus misconduct don't necessarily have to derail your future. The Lento Law Firm's Student Defense Team is resolute in protecting your rights and will work diligently toward the most favorable resolution possible. To arrange a consultation, reach us at 888-535-3686 or complete our online form.
