As a dedicated student at a South Carolina college or university, you never intended to get into trouble. However, unexpectedly, you find yourself caught in an unplanned situation that now threatens your academic goals. It could have been a seemingly harmless night off-campus that went sideways. Maybe a fun moment with friends escalated into damaging someone's vehicle. Perhaps you expressed your frustrations on social media and took things too far. Or it's possible that you're being falsely accused--an unfortunate reality for some. Regardless of the circumstances, the incident occurred off campus, and you're now trying to move past it.
So why are you now receiving a notice from your institution about a student misconduct investigation and potential expulsion?
As unlikely as it might seem--not to mention unfair--public and private higher education institutions in South Carolina frequently attempt to claim jurisdiction over off-campus violations of their rules, enforcing disciplinary measures on students as necessary. If you're a student grappling with such accusations—or a parent of an accused student—it's crucial to understand the potential risk of disciplinary action from the school that could interrupt your education and put your future career at stake.
Navigating the Complexities with the Lento Law Firm's Student Defense Team
Thankfully, you don't have to face this crisis alone. The Student Defense Team at the Lento Law Firm helps students and their parents across the country (including South Carolina) who are facing possible school discipline. If you're a South Carolina college student in this situation, failure to take action could significantly damage your reputation and prospects. Get ahead of the situation as quickly as possible: contact the Lento Law Firm at 888-535-3686 or use our online form to schedule a consultation.
How Can My College Penalize Me for an Off-Campus Incident?
If you think your school wouldn't presume to discipline you for something that happened off school grounds, think again. Numerous South Carolina colleges and universities have established policies (usually found in the Student Handbook or Student Code of Conduct) asserting their authority over specific off-campus actions as they pertain to the school. The specifics differ from school to school, and occasionally, a policy's legitimacy can be challenged if it's perceived as overtly unjust or legally questionable. As a general rule, however, as long as the regulations are articulated in the school's disciplinary policies or Student Code of Conduct, your enrollment assumes that you've agreed to these policies. Thus, if you're suspected of breaching these rules—on or off campus—the institution may pursue disciplinary measures against you.
That being said, even with a documented policy on off-campus actions, enforcement often falls into a gray area. Also, because schools opt to enforce these rules on a "case by case basis," it also leaves the door open to discriminatory practices where some students are treated with more leniency than others for the same type of offense. While litigation may sometimes be necessary if a school truly violates a student's rights, most disputes over disciplinary action can typically be resolved through skillful negotiation. However, if you (like many students and parents) are unaware of these rights, you could inadvertently face disciplinary actions with lasting implications that might have otherwise been avoided.
The Student Defense Team at the Lento Law Firm has a successful track record of assisting students accused of misconduct, both on and off campus. We understand the complexities of college/university regulations, student rights, and due process procedures in South Carolina, and we're adept at utilizing these elements to negotiate for the reduction or elimination of potential sanctions. In short, you have a much better chance of a favorable outcome with the Lento Law Firm Team than by facing the school alone.
How South Carolina Institutions Determine Disciplinary Actions for Off-Campus Misconduct
There's no uniform set of standards that colleges and universities adopt to exert authority over alleged off-campus misconduct, which is why this issue can be confusing for students. Each institution formulates its own policies in this area, spanning from highly specified to somewhat vague. Take a look at just a few examples of how different South Carolina schools approach this issue:
- The University of South Carolina in Columbia broadly reserves the right to discipline students for off-campus behaviors that "adversely affect the university community, its policies or procedures, or which affect the university's pursuit of its mission."
- Winthrop University in Rock Hill, SC, embodies its policy for off-campus discipline in the following statement from its Student Conduct Code: "Individual students, as well as student organizations, can be held accountable to this code for their off-campus activities when it can be ascertained that the off-campus act has a direct detrimental impact on the University's educational functions, or could present safety concerns."
- Charleston Southern University, a private Baptist University, exerts its jurisdiction over its students in broad strokes throughout its Student Handbook, repeatedly stating that disciplinary action can be taken for violating its policies "both on and off-campus."
Factors That May Trigger Disciplinary Actions for Off-Campus Behavior
While each school arrives at its own conclusion on how it handles off-campus violations of its rules, there are a few common elements that most schools look at when making these determinations. The following points outline common situations where many South Carolina schools might exert their authority.
Connection to School-Sanctioned Activities
Colleges and universities tend to assert jurisdiction when alleged misconduct is associated, directly or indirectly, with a school-approved event or activity. This includes scenarios such as field trips, study abroad programs, internships, or research projects. For instance, if you are implicated in assaulting someone during a study abroad program, the university may consider you to be under its jurisdiction during your overseas study and residence.
Violation of Local, State, or Federal Laws
If a student's off-campus actions constitute a crime, the college or university might impose disciplinary action against the student regardless of whether prosecutors decide to press charges.
Academic Misconduct
Academic misconduct that takes place off-campus, like plagiarism or cheating online, often falls under the purview of universities. This can extend to academic misconduct during off-campus study sessions or collaborative projects.
Online Misconduct
In our digital era, universities commonly claim jurisdiction over online behavior from students that involves cyberbullying, threats, harassment, or other forms of misconduct affecting the campus community.
Sexual Harassment, Assault, or Discrimination
Most incidents of sexual misconduct at schools fall under the authority of Title IX, a federal law imposed on all schools receiving federal funds. While Title IX applies strictly to on-campus incidents, many schools have their own written policies regarding student sexual misconduct. In certain cases, the school may choose to intervene independently of Title IX even if the incident took place off-campus, especially if both the accused and the victim are students.
Behavior Connected with University-Recognized Organizations
If alleged off-campus misconduct happens while you're involved in activities with university-recognized organizations (such as fraternities, sororities, or sports teams), the university may exert jurisdiction and impose disciplinary action. For example, if you're accused of selling drugs at an off-campus frat party, the school may consider this to be under its purview.
Breach of Honor Code
Some private institutions, particularly religious ones, may require students to sign an Honor Code pledging to uphold certain moral conduct standards both on and off campus. If a student's off-campus behavior violates these standards, the school may claim the right to implement disciplinary actions.
Threats to Health and Safety
If your alleged off-campus actions pose a direct or indirect threat to the health and safety of members of the university community, the school may decide to intervene.
Incidents Affecting the School's Public Image
When a student's off-campus activities considerably mar the image of the college or university, the institution might decide to enforce disciplinary measures. This is particularly applicable if the behavior involves notable individuals, business or corporate associates, political figures, or other significant stakeholders.
Potential Ramifications of Off-Campus Misconduct in South Carolina
When your college or university decides your off-campus misconduct falls within their jurisdiction, they are likely to apply their regular disciplinary procedures the same as they would for on-campus incidents. This may entail conducting an inquiry, interviewing witnesses, and conducting formal and informal hearings. If school authorities decide you are guilty based on the preponderance of the evidence, you could be subject to one or more of the following disciplinary actions:
- Probation: A specified period of monitoring your behavior, during which any additional infraction could endanger your status at the school.
- Loss of Privileges: You might be barred from participating in certain activities or accessing specific facilities.
- Fines/Restitution: You might be required to make amends for loss, damage, or injury that occurred as a result of your actions, or the school itself might impose a fine. For example, if you're accused of vandalizing someone's car while off campus, the school may require you to pay for repairs as a condition of staying enrolled.
- Educational Programs: You might be mandated to participate in educational programs, such as workshops or online courses relevant to the offense committed.
- Suspension: You might be temporarily separated from the university, during which you are not permitted to attend classes or university-related events.
- Expulsion: This involves permanent separation from the university.
- Revocation of Degree: In case of severe infractions, a degree already conferred on you by the school might be withdrawn.
- Withholding of Degree: If you have fulfilled your degree requirements, the school might defer awarding your degree until the completion of the disciplinary process outlined in the student conduct code, including the execution of all imposed sanctions.
Long-Term Implications of School Disciplinary Actions
The repercussions of being accused of student misconduct are extensive. If the institution decides to impose disciplinary actions against you, even for off-campus misconduct, the long-term effects on your future can be significant. These potential consequences include:
- Disrupted Academic Progress: Suspension or expulsion could delay or halt your academic progress, making it more difficult for you to earn your degree. Expulsion could also make it challenging for you to gain admission to another school to complete your studies.
- Transcript Notations: Some disciplinary actions might result in notations on your academic transcript, visible to prospective employers or postgraduate programs.
- Professional Licensing: If you're pursuing a profession that requires licensing (such as law, medicine, or teaching), having a disciplinary record could impact your ability to obtain such licenses.
- Graduate School Admissions: Many graduate programs require applicants to disclose any disciplinary actions against them. This could negatively affect your chances of acceptance.
- Financial Aid Eligibility: Certain disciplinary actions could affect your eligibility for financial aid, including loans, grants, and scholarships.
How the Lento Law Firm Can Help You
Considering that there is no guaranteed presumption of innocence in school disciplinary processes--combined with a comparatively low burden of proof to declare you guilty--, you need to recognize that any accusation of wrongdoing by the school could put your academic future in jeopardy. It's strongly discouraged to confront the allegations leveled against you without professional assistance. Hiring a seasoned education attorney during the early stages of the process affords you the best opportunity to resolve the matter in your favor. Here's how the Student Defense Team at the Lento Law Firm can support you:
- Evaluate the charges brought against you and advise you on the most effective defense strategy tailored to your situation;
- Collect pertinent evidence and solicit witnesses to strengthen your defense;
- Negotiate with the school and/or their legal representatives to achieve the most beneficial resolution;
- Draft a compelling written response to the complaint lodged against you;
- Aid you in preparing for your disciplinary hearing and refining your arguments; and
- In extraordinary situations, initiate legal action against the school (if the school is notably overstepping its legal limits).
You have invested too much into your education to have it unfairly disrupted because of something that happened off-campus and didn't affect the school. If you're a South Carolina student confronted with disciplinary action—or if you're a parent of such a student—the Lento Law Firm Team is here to protect your rights and work for the most favorable outcome attainable. Connect with us at 888-535-3686 or by using our online form.
