"How is my school authorized to kick me out? This took place off campus!" If you're a student at a university or college in North Carolina, the idea of getting suspended or expelled for something that happened off-campus probably wasn't even on your radar. But to your surprise and dismay, you now find your academic future in jeopardy. It could have been a wild night with friends that spiraled out of control. Perhaps it was an ill-conceived social media post shared in a moment of anger. You might have been involved in a fight or even got arrested. Regardless of the specifics, in your mind, it happened outside the school, so the school shouldn't even be involved. You're not sure how they found out or even if it's legal for them to take action against you. But here you are.
While it may seem unfair, this sort of thing happens often. The majority of educational institutions in North Carolina have policies in place in which they reserve the right to discipline students for certain types of off-campus misconduct. But that doesn't mean they have the right, nor does it mean you have no options for defending yourself. The Lento Law Firm's Student Defense Team is renowned for successfully assisting students and parents navigate school disciplinary issues nationwide. We can collaborate with you, liaising with the school and their legal representatives to attain a positive outcome, typically without resorting to formal legal proceedings. If you're confronting school disciplinary action due to an off-campus incident--or if you're the parent of a student in this predicament--contact the Lento Law Firm at 888-535-3686 or reach out online to schedule a consultation.
How Can My School Penalize Me for Alleged Off-Campus Misconduct?
It may seem a bit far-fetched for a college or university to be able to discipline its students for things that happen off campus. However, if you peruse your Student Code of Conduct, you'll likely discover language asserting the school's right to penalize you for off-campus misbehavior under certain circumstances, potentially even to the extent of suspension or expulsion! As long as you're registered as a student, it's assumed that you've agreed to comply with these rules, and the school reserves the right to enforce them, regardless of whether the misconduct occurred on or off campus.
Granted, there's no universally applicable set of criteria defining when schools can exercise jurisdiction off-campus. As a result, many of these regulations are subject to being challenged. Unfortunately, most parents and students are uninformed about their rights in such situations, so it's quite common that students may experience severe academic repercussions that could have been prevented. That's why it's important to consult with a student defense attorney as soon as possible if you're in hot water for alleged off-campus misconduct.
At times, litigation is necessary to dispute a rule that is too vague or too broad or to contest a specific instance where a school overreached its legal authority. However, because these rules can be legally ambiguous, colleges and universities prefer to avoid such scenarios. This typically leaves ample opportunity for skillful negotiation to persuade the school to resolve the case more favorably. That's where the Lento Law Firm Team steps in. Our Student Defense Team has extensive knowledge of school regulations, student rights, and due process procedures in North Carolina schools. We know how to utilize this expertise to reduce or eliminate penalties for students facing unjust discipline.
What Are the Disciplinary Protocols for Off-Campus Misconduct at North Carolina Schools?
There's no uniform procedure among North Carolina colleges and universities for addressing alleged off-campus misconduct. Each institution formulates its own rules dictating when it can enforce disciplinary action. This information is usually contained in the institution's Student Code of Conduct, which is available to all students. Some schools provide comprehensive guidelines about their jurisdiction over off-campus activities, while many others employ vague language to grant themselves more flexibility in deciding when to wield their power.
To illustrate:
- In its Code of Student Conduct, North Carolina State University claims the right to discipline any off-campus conduct that "adversely affects the university community, its mission, programs, the pursuit of its objectives, or poses a serious risk of danger to, or disruption or interference with, a member of the university community." It goes on to empower the Vice Chancellor and Dean of Academic and Student Affairs to decide what off-campus conduct meets this definition.
- North Carolina A&T University makes this broad-stroke proviso in its Student Code of Conduct Handbook regarding off-campus incidents: "The University reserves the right to consider the off-campus behavior of students when it is determined that the behavior interferes with or impacts the University and its educational mission."
- At the University of North Carolina-Charlotte, the school's Code of Student Responsibility asserts the right to discipline any behaviors "that are harmful to the appropriate interests of the University...regardless of whether the alleged behavior occurred on University Premises. The Director or designee will determine whether the incident affects University interests and thus falls within the scope of the Code."
Criteria for Disciplinary Measures Regarding Off-Campus Misconduct
Despite the aforementioned examples, most higher education institutions tend to evaluate each situation on a case-by-case basis when considering whether to enforce their policies on off-campus student behavior. The criteria can vary significantly from one institution to another, but a few common factors are typically taken into account.
Off-Campus Academic Dishonesty
In most cases, colleges and universities will impose disciplinary action for instances of plagiarism, cheating, and other forms of academic dishonesty, regardless of where the misconduct took place.
Criminal Behavior
Many schools (if not most) reserve the right to investigate and discipline off-campus conduct that violates local, state, or federal laws--regardless of whether formal criminal charges are filed. This is particularly relevant when the purported conduct tarnishes the institution's reputation or disrupts the academic community.
Connection to University-Approved Activities, Events, or Programs
If alleged misconduct is linked, directly or indirectly, to an event or program endorsed by the college or university, the institution might exercise jurisdiction and impose disciplinary actions. Examples include field trips, recruitment initiatives, off-campus research, study abroad programs, athletic competitions, social gatherings, and more.
Sexual Harassment, Assault, or Discrimination
Title IX is a federal law affecting schools that receive federal funding, so it technically only applies to alleged on-campus incidents. However, many schools have separate school policies regarding student sexual misconduct. Therefore, in certain cases of alleged off-campus sexual assault or harassment, the school might choose to intervene—particularly if both the victim and the accused are students.
Online Misconduct
A student's online behavior can fall under the school's jurisdiction if it involves actions such as cyberbullying, threats, or harassment of other students—for example, distributing humiliating photos via text or posting racial slurs on social media.
Breaches of Honor Code
Some schools, especially private, faith-based institutions, may require students to comply with an Honor Code (either separate from or part of the Code of Conduct). This Honor Code often obliges students to uphold specific moral standards both on and off-campus (e.g., refraining from premarital sex, alcohol consumption, etc.). If a student's off-campus behavior violates the Honor Code, the school may claim the right to enforce disciplinary measures.
Association with University-Affiliated Organizations
If the alleged off-campus misconduct occurs during activities connected with university-recognized groups (like fraternities, sororities, or athletic teams), the university may exercise jurisdiction and impose discipline.
Risks to Community Health and Safety
If the student's off-campus actions present a direct or indirect risk 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, hate speech, etc..
Potential Damage to University Reputation
Colleges and universities often choose to impose discipline if a student's actions off-campus could damage the reputation of the institution. For example, if a student's off-campus actions generate negative publicity or community backlash, the institution might opt to discipline the student to safeguard its image. This is particularly true for high-profile incidents that attract media attention.
What Types of Discipline Might the School Impose?
If your school determines that your alleged off-campus actions fall within its jurisdiction and merit disciplinary action, the standard disciplinary procedures will usually be enacted as if the misconduct had occurred on campus. This means the school will likely conduct an investigation, collect witness statements, hold both informal and/or formal hearings, etc. If you are found to have breached the Code of Conduct based on a preponderance of the evidence, any of the following sanctions may be imposed:
- Fines and/or Restitution: You may be obligated to compensate for any loss, damage, or injury caused by your actions. The school might also impose a fine.
- Probation: A defined period during which your behavior is closely monitored. Any further violation could lead to suspension or expulsion.
- Limitation of Campus Privileges: You might be prohibited from participating in certain activities or using specific facilities or services.
- Suspension: Temporary ban from attending classes or university-related events.
- Expulsion: You could be permanently dismissed from the college or university, also potentially erasing your academic achievements to date.
- Denial or Revocation of Degrees: In extreme cases, the university might opt to withhold or revoke any degrees you have already earned.
Enduring Consequences of Educational Disciplinary Measures
The repercussions of disciplinary actions may extend far beyond the immediate situation, even if the supposed infraction occurred outside the school's premises. If the college or university imposes discipline on you, the lasting effects might include:
- Disruption to Academic Progress: Suspension or expulsion could hinder or halt your academic journey, complicating the process of earning your degree. Being expelled from one institution may also influence your admission into another.
- Challenges with Grad School Admissions: Numerous graduate programs ask applicants to reveal any disciplinary actions during the application process, which could unfavorably impact your chances of acceptance.
- Impact on Financial Aid: Disciplinary measures could render you ineligible for various forms of financial aid, including loans, grants, and scholarships.
- Academic Record Annotations: Disciplinary actions may lead to adverse notations on your school transcript, which could potentially affect future employment opportunities.
- Challenges in Professional Licensing: If your desired profession necessitates a professional license (like law, medicine, or architecture), a disciplinary record may potentially obstruct your pursuit of obtaining such a license.
The Lento Law Firm: Protecting Your Educational Prospects
As a student accused of misconduct at a North Carolina college or university, the potential threat to your future might be more grave than you anticipate. In student disciplinary proceedings, you have no guaranteed presumption of innocence, and guilt or innocence is typically determined based on a preponderance of the evidence, not "guilt beyond a reasonable doubt." Nevertheless, a knowledgeable education attorney can help ensure fairness and enhance your probability of receiving a positive outcome with little or no damage to your academic career.
The Student Defense Team at the Lento Law Firm can help in the following ways:
- Evaluate the charges against you and suggest the most suitable defense strategy
- Collect evidence and compile witness testimonies to strengthen your defense
- Negotiate with the school and/or their legal representatives to achieve the most favorable resolution for your case
- Aid in preparing for any hearings you may encounter
- Handle an appeal if you are found in violation
- In exceptional circumstances, initiate legal proceedings if the school appears to be exceeding its legal jurisdiction
If you're a North Carolina student undergoing disciplinary action for off-campus behavior—or if you're a parent of a student facing these issues—addressing these allegations independently could lead to catastrophic results. You've invested too much to risk your future now. The Student Defense Team at the Lento Law Firm has successfully helped numerous students nationwide in similar situations, and they are committed to defending your rights. Contact us at 888-535-3686 or get in touch through our online form.
