As a dedicated student at a Pennsylvania college or university, you place a high priority on your academic pursuits. However, life happens, and even the best intentions may go awry. Given the ongoing pressures of academic performance, it's quite common for students to venture off campus to "blow off some steam." Maybe you got together with some friends, and maybe things got a little out of hand. Maybe you were arrested; maybe not. Maybe it was a one-time mistake, and you're looking to put it past you. But suddenly, you receive notice that your off-campus behavior has come to the attention of the school, and you're facing possible disciplinary action--maybe even expulsion.
It doesn't seem fair, but it happens quite often. Most colleges and universities in Pennsylvania have rules in place by which they reserve the right to punish misconduct, even if it occurred off campus. They have been known to invoke penalties for all sorts of off-campus incidents, from "joyriding" to barroom brawls to racist social media posts. Even if you're falsely accused, they can impose discipline based only on a preponderance of the evidence. Unless you get help and guidance from an experienced education attorney, that single off-campus mishap has the potential to derail your future entirely.
Fortunately, you're not without options. The Student Defense Team of the LLF Law Firm has nationwide experience and a long track record of success helping students and their parents find their way through these types of difficulties. If you're a Pennsylvania college student confronted with possible disciplinary repercussions for an off-campus event, or if you're a parent of an accused student, reach out to the LLF Law Firm at 888-535-3686 to arrange a consultation, or contact us using our online form.
Can My School Legitimately Penalize Me for Alleged Misconduct that Occurred Off-Campus?
Surprisingly, yes. Many students mistakenly believe that off-campus indiscretions are beyond the school's jurisdiction, but most Pennsylvania colleges and universities have written policies within their Student Codes of Conduct granting them the authority to discipline students for off-campus incidents that violate their standards of conduct.
The specifics of these policies vary from institution to institution, and in certain cases, the legality can be contested if a policy is blatantly unjust. However, when you're accepted at a college or university, you effectively agree to be bound by their rules, including their policies on off-campus discipline. If they believe you broke the rules, they assume they have the right to impose the appropriate discipline--up to and including suspension or expulsion.
Nevertheless, the question of how much authority a school can legally exert over off-campus behaviors is a point of debate--and because there is plenty of room for legal challenges to these rules (and because schools generally don't like lawsuits), many incidents of this type can be resolved through skillful, tactful negotiation. The problem is that most parents and students don't understand the students' rights in these situations, so without the proper guidance of a legal professional, the end result is often an unfair punishment that could have been averted.
The LLF Law Firm's Student Defense Team has nationwide experience in defending students accused of misconduct, both on and off campus. We know the nuances of school regulations, student rights, and due process procedures in Pennsylvania schools, and we know how to utilize these elements to minimize or eliminate potential penalties—even in the most complicated cases.
Pennsylvania Schools' Criteria for Disciplining Off-Campus Conduct
There is no standardized criteria for colleges and universities to exercise authority over alleged off-campus misconduct. Each school defines its own policies under which it can intervene and impose disciplinary action. In other words, the University of Pennsylvania will likely handle off-campus incidents differently than Bryn Mawr College or Carnegie Mellon. These policies can range from being extremely specific to remarkably vague. In most cases, even when off-campus disciplinary policies are explicitly stated, the school will still determine whether to exercise its authority on a case-by-case basis.
To illustrate how school policies may vary, Kutztown University's Student Code of Conduct specifically states that the school may impose disciplinary actions for off-campus behaviors under the following conditions:
- When the misconduct occurs at University-related events;
- When the misconduct occurs online, if it would be a violation of the Code of Conduct if committed offline; and
- Other "off-campus conduct that represents a substantial University interest which adversely affects the University community and/or the pursuit of its objectives."
Meanwhile, Penn State University Hazelton broadly reserves the right to discipline students for off-campus behavior that "both meets the definition of affecting Substantial University Interest, and violates the Code of Conduct." Even more broadly, West Chester University claims the right to impose disciplinary actions for violations of its Code of Conduct "both on and off campus."
General Criteria That May Trigger Disciplinary Actions for Off-Campus Misconduct
The above specific examples aside, most colleges and universities look at various common factors when deciding whether to punish off-campus misconduct. Examples of this include, but are not limited to, the following.
School-Endorsed Activities, Events, and Programs
In instances where the alleged misconduct is directly or indirectly associated with a school-endorsed event or academic pursuit, the university may assert jurisdiction. Examples of such programs may include field trips, recruitment events, off-campus research, study abroad programs, athletic events, social gatherings, etc.
Off-Campus Academic Misconduct
Universities may assert their authority if a student indulges in academic misconduct off-campus, such as committing plagiarism or cheating on an assignment for an online course. This also extends to misconduct that transpires during off-campus study groups or collaborative assignments.
Violation of Local, State, or Federal Laws
If a student commits a crime off-campus, the school may still look into it and penalize the student, even if criminal charges are not actually filed. This is especially the case when the alleged conduct tarnishes the institution's image or disrupts the educational environment.
Online Misconduct
Your online conduct as a student can be subject to school jurisdiction if it involves activities such as cyberbullying, threats, harassment, or other forms of misconduct that violate the school's Code of Conduct.
Sexual Harassment, Assault, or Discrimination
Since Title IX is a federal law affecting schools that receive federal funds, Title IX violations like sexual harassment and assault technically apply only to alleged incidents occurring on campus. However, many schools have their own policies regarding student sexual misconduct, so in certain cases of alleged sexual assault or harassment that occurred off-campus, the school may decide to intervene--especially if the victim and the perpetrator are both students.
Association with University-Recognized Entities
If your alleged off-campus misconduct takes place while you are engaging in activities with university-recognized entities (like fraternities, sororities, or sports teams), the university may assert jurisdiction and impose discipline.
Violations of Honor Code/Moral Code
Some private religious institutions require students to sign an Honor Code in which they commit 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 these standards, the school might claim the right to impose disciplinary actions.
General Threats to Health and Safety
If your alleged 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 tarnish 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.
Disciplinary Consequences for Off-Campus Misbehavior in Pennsylvania Schools
Once the school decides that a) your off-campus behavior falls within their purview and b) those actions warrant a response, your college or university will likely follow their standard disciplinary procedures as if the misconduct occurred on campus. This process typically involves an investigation, witness interviews, informal and formal hearings, etc. If the school concludes that you are guilty of violating the Code of Conduct based on a preponderance of evidence, they may choose to enforce one or more of the following sanctions against you:
- Probation: A specified duration during which any further breach of conduct could result in suspension or expulsion.
- Loss of Privileges: You might be barred from participating in specific activities or accessing certain facilities or services.
- Restitution: You may be required to pay for any loss, damage, or injury your misconduct caused.
- Educational Programs: You may be asked to partake in educational programs, like workshops or online courses, that are pertinent to the offense committed.
- Suspension: You may be temporarily prohibited from attending classes or university-related events.
- Expulsion: You may be permanently separated from the university, possibly erasing your academic progress thus far.
- Withholding or Revocation of Degree: In cases of particularly egregious misconduct, the school may opt to withhold or revoke any degrees you've earned thus far.
Potential Long-Term Repercussions of Disciplinary Action
The implications of being accused of student misconduct are more serious than you may realize. Even for off-campus misconduct, if the school imposes disciplinary action against you, it can have lasting effects on your future. Some of these consequences may include:
- Disrupted Academic Progress: Suspension or expulsion can defer or even terminate your academic progress, making it more challenging for you to obtain your degree. (Being expelled from one school may also inhibit your acceptance at another.)
- Transcript Notations: Disciplinary actions could lead to derogatory notations on your academic record, which might create a negative impression with prospective employers or graduate programs.
- Professional Licensing Difficulties: If you're aiming for a profession that requires professional licensing (such as law, medicine, or architecture), a disciplinary record may influence your ability to secure such licenses.
- Graduate School Admissions: Many graduate programs require applicants to disclose any disciplinary actions during the application process, which could adversely impact your chances of acceptance.
- Financial Aid Eligibility: Serious disciplinary actions can affect your eligibility for financial aid, including loans, grants, and scholarships.
The LLF Law Firm: Your Pennsylvania Student Defense Team
As you can see from the above information, the stakes are quite high for you if you're confronted with allegations of student misconduct in Pennsylvania. In student disciplinary proceedings, you are given no guaranteed presumption of innocence, and most schools apply the preponderance of evidence standard to determine your guilt--meaning they only need to be convinced you are more than 50 percent likely to have committed wrongdoing. This puts you at a distinct disadvantage. Your best chance of exoneration and/or leniency is to engage an experienced education attorney at the first sign of trouble. Here's how the LLF Law Firm's Student Defense Team can help you navigate this crisis:
- Assess the allegations leveled against you and guide you on the best strategy to counter the accusations (even if you're not permitted legal representation at your hearing);
- Collect evidence and witnesses to bolster your defense;
- Negotiate with the school and/or their attorneys to work out the most favorable resolution;
- Compose a persuasive written response to the complaint against you;
- Help you prepare for any hearings you may face;
- Help coordinate an appeal if the school finds you in violation and
- In rare instances, initiate steps to litigate (if the school is evidently overstepping its legal authority).
If you're a Pennsylvania student facing disciplinary action for off-campus conduct--or if you're the parent of a child facing these issues--the worst thing you can do is face the allegations alone. Don't gamble with your academic or professional future. The LLF Law Firm Team will strive to safeguard your rights and help you achieve the most favorable resolution possible. Contact us at 888-535-3686 or reach out using our online form.
