When you showed up to college, you knew it would be a challenge. They don't just give those diplomas away. You have to be in class every day. You have to study. Taking courses is only half the battle, though. Wherever you attend, you can be sure faculty, staff, and administrators are keeping a close eye on your behavior as well. The most minor misconduct these days can bring serious consequences. Dismissal is never off the table.
That's a lot of pressure, but after all, you signed up for it, right?
What you probably didn't realize is that your school doesn't just have control over what you do on campus. Increasingly, colleges and universities are asserting their authority over their students' off-campus activities as well. That's right: your school could fine you, suspend you, or even dismiss you for things you do in your off-campus apartment, or back in your hometown, or while on Spring Break in Cancun.
The good news is that no matter what kind of charges you're facing, there's help available. The lawyers at the Lento Law Firm are dedicated to helping students defend themselves. The situation doesn't matter. Allegations of on-campus misconduct, allegations of off-campus misconduct—doesn't matter. The Lento Law Firm is on your side, and the attorneys there will do whatever they can to make sure your school treats you fairly and that you get every chance to earn your degree.
To find out how we can help with your situation, call 888-535-3686 today or use our automated online form.
Can My College Really Charge Me for Alleged Misconduct That Occurred Off-Campus?
Here's the bottom line: your school absolutely can hold you accountable for your off-campus behavior, at least in some limited circumstances. And you can understand why it might need to. Suppose you've been convicted of assault, harassment, or stalking. You represent a threat to the school community, even if your offense had nothing to do with your role as a student and happened far from campus. Your school wants to be able to suspend or dismiss you in such circumstances, and it may not be able to if it has to worry about where your offense actually occurred.
So, all schools have rules in their Student Conduct Codes that address what happens if you're found to have committed a crime. Take the New Jersey Institute of Technology, for instance. That school's policy puts it plainly:
All members of the community are obligated to observe and adhere to
the civil and criminal laws of the local, state, and federal authorities, as well as to university regulations and policies.
Note, though, that this policy, and most like it, makes no specific mention of “conviction.” The truth is that NJIT and most schools in New Jersey don't require you to have been convicted of a crime before they're allowed to conduct their own disciplinary inquiries. In fact, if someone accuses you of breaking the law, these schools have the right to conduct investigations and hearings and to issue sanctions up to and including dismissal, and they can do this even if the police never actually pursue the complaint.
Think that's unfair? It gets worse. Colleges and universities don't use the “beyond a reasonable doubt” standard when deciding whether or not a student is Responsible for (guilty of) a conduct violation. Instead, they use a standard known as “preponderance of the evidence.” That standard gives them the right to punish you if they decide it is “more likely than not” that you committed the offense.
But you don't necessarily have to be accused of breaking the law to find yourself in trouble for an off-campus incident. Some New Jersey schools have policies that make clear you're liable for following their codes of conduct no matter where you happen to be. Seton Hall's policy notes, for instance, that
The University retains the right to refer any student whose behavior on or off campus may have violated the University's regulations to the appropriate authorities and/or the Dean of Students.
What gives colleges and universities the right to assert this kind of broad-ranging jurisdiction? Mostly, contract law. When you enrolled at your school, you agreed to abide by that school's rules and policies. You might even have been asked to sign a contract. As long as school policies clearly state that you're liable for off-campus misconduct, your school can hold you accountable for that misconduct, at least in theory.
You always have the right to defend yourself from accusations, though. All New Jersey schools provide students with due process rights, like the right to an investigation and hearing, the right to a presumption of innocence, and the right to be judged by unbiased decision-makers. With these rights in hand, you can work to prove your innocence and challenge the appropriateness of any proposed sanction. You can also fight the charges on jurisdictional grounds. That is, if you've been charged with off-campus misconduct, you can challenge the school's right to govern your behavior when you're away from school.
Any campus defense is complicated, though, and jurisdictional cases are especially complex. In addition to developing a defense strategy, collecting evidence, and drafting questions for witnesses, you need to be able to interpret the law as well as the specific wording of school policies. Those are tall orders for most students. Luckily, you don't have to mount a defense all by yourself. The attorneys at the Lento Law Firm's Student Defense Team can help you come up with a plan, no matter what your situation, and will help you put that plan into action from start to finish.
Criteria Used by New Jersey Schools to Discipline Off-Campus Behaviors
We've already alluded to this fact, but part of the difficulty of defending yourself from off-campus charges in New Jersey is that every school's policy is just a little different. Rutgers, for instance, says that it investigates any off-campus incident “that affects a University interest.” The College of New Jersey refuses to make any concrete statements at all about when an off-campus incident is subject to school authority. Instead, it puts the decision entirely in the hands of the Director of Student Conduct.
In general, however, most schools employ a common set of criteria for deciding whether or not a particular off-campus allegation falls under school policy.
Connection to School-Sponsored Activities
You can expect your school to hold you accountable for any misconduct in connection to school-sponsored activities. Even if these activities take place off-campus, because your school is ultimately responsible for them, their rules and policies apply.
Connection to School-related Activities
Some schools go further and assert jurisdiction over all “school-related activities.” This is a broader category that can include, for example, conducting research, working on a class project, or simply studying.
Academic Misconduct Off-Campus
Academic misconduct—cheating and plagiarism, for instance—are always violations of school policy. Where you complete your work is secondary to the fact that you ultimately turn it in to your college or university.
Violation of State or Federal Laws
As mentioned, virtually all schools forbid students to violate local, state, or federal laws. The only question is whether your school requires you to be convicted before it can discipline you or whether it can investigate any allegation, no matter where that allegation originates.
Online Misconduct
Students sometimes believe that what they do online isn't subject to any particular jurisdiction and that the online world is simply a free-for-all. In fact, the opposite is usually true. Schools generally regard most internet activity as under their purview. Certainly, posts to course websites are subject to scrutiny, but you could also find yourself in trouble if, for instance, you post a harassing comment on a commercial social media platform.
Sexual Harassment, Assault, or Discrimination
In the past, sexual misconduct was handled through the federal government's Title IX guidelines on discrimination and harassment. In 2020, however, the government restricted Title IX investigations to on-campus incidents. Now, most schools have their own policies that allow them to pursue such allegations no matter where they occur.
Affiliation with University-Recognized Organizations
If you are representing your school in any official capacity, you can expect to be held responsible for following all school policies. Participation in any university-recognized organization qualifies, whether you're part of a sports team, a fraternity, or an academic club.
Honor Code/Moral Code Violations
Some New Jersey schools, especially those with religious affiliations, hold students accountable for standards of morality in addition to a general code of conduct. If your school prohibits drinking, for example, or premarital sex, it likely won't differentiate between whether you violate those standards on campus or off.
Threats to University Reputation
Universities take their reputations extremely seriously, and they hold students responsible for upholding those reputations. Even if your behavior isn't against the law, even if your behavior doesn't violate a specific school policy, your school can try to punish you for off-campus behavior that it feels makes it look bad.
Threats to Health and Safety
All schools assert they have jurisdiction over student misconduct that represents a threat to the health and/or safety of the school community.
Possible Disciplinary Actions for Off-Campus Misconduct in New Jersey
What happens to you if you're found Responsible for (guilty of) off-campus misconduct at a New Jersey school? That can depend on the school. Again, every school maintains its own disciplinary policies. However, most schools apply a common set of penalties, whether your misconduct happens on or off campus.
- Verbal or Written Warnings: Warnings are still sometimes used as sanctions in cases of very minor offenses.
- Educational Programs: Your school could ask you to complete an education program—an online tutorial, a weekend seminar, or an entire course—on the nature of your offense.
- Restitution: If you've done damage to university property, or caused harm to another member of the community, you may be asked to pay for that damage.
- Probation: Probation generally allows you to avoid a more severe penalty. However, even a small violation of probation usually results in swift consequences. In addition, probation is often noted on transcripts.
- Loss of Privileges: Many schools prohibit those who have committed offenses from serving in student government or participating in extracurricular activities. Some suspend other privileges like parking or the right to use the campus fitness center.
- Suspension: You may be required to spend some time away from your school—a semester, a year, or even longer. During this period, you cannot take courses, and you may be barred from campus entirely. Your school might also set conditions for your return.
- Expulsion: This means permanent separation from your college or university. It usually precludes transferring to another school as well since expulsion usually includes a transcript notation about the nature of your offense.
- Withholding of Degree: Your school can withhold your degree while it conducts an investigation into allegations against you, and it can continue to withhold your degree until you've served the conditions of any sanctions.
- Revocation of Degree: Your school always has the power to revoke your degree if it should discover you committed some unpunished offense while you were a student there.
Obviously, some of these sanctions are worse than others. Expulsion, for instance, almost certainly means the end of your academic career, and that can have serious repercussions on your ability to establish a career. That said, you must take all charges and all proposed sanctions seriously. Even a warning can cause problems for you if it should wind up as part of your permanent record. A warning about cheating, for instance, could prevent you from getting into graduate school and might even come up in job interviews.
What does it mean to take a charge seriously? It means finding out all you can about the charges against you. It means learning how to navigate your school's judicial system. Most importantly, though, it means making sure you have the right representation. The attorneys at the Lento Law Firm know what you're up against. They know schools have become far too strict in their policies, far too severe in their sanctions, and far too controlling of their students' lives. They're determined to make sure you're treated fairly and that you get the very best possible resolution to your case.
The Lento Law Firm: Your New Jersey Student Defense Team
The Lento Law Firm understands the stakes when it comes to education. Your career prospects, your financial independence, your reputation—all depend on your education. Any time that's threatened, you must act quickly and decisively to protect yourself. We can help.
We know the law. We know your rights and what your school is and isn't allowed to expect from you. We also know how your school operates. We're used to working with campus disciplinary committees. We know all the rules and procedures you'll face and how to use them to your best advantage.
If you've found yourself accused of some type of off-campus misconduct, don't wait to see what might happen. The school's already building its case. You should be, too. Contact the Lento Law Firm today at 888-535-3686 or use our automated online form.
