When you enrolled in college, you were expecting tough classes and demanding professors. You may not have realized just how strict the Student Code of Conduct would be. You probably should have. After all, you're part of a campus community, and in order for that community to function effectively, there have to be rules, and there have to be punishments for those who break the rules. It's difficult to argue that a university shouldn't have control over what students do on school grounds.
Should those rules extend beyond campus, though? That is, should your school be able to govern what you do in your own private life when you're away from school? That's a more difficult question. In fact, even the law hasn't quite figured out the answer yet. One thing is for sure: all schools claim some authority over your off-campus activities, and many try to claim a lot.
What do you do if you wind up accused of an off-campus policy violation? The same thing you should do if you find yourself accused of an on-campus violation. Contact the Lento Law Firm.
The Lento Law Firm was founded to help students like you get fair treatment from their schools. We know schools have become too aggressive in legislating campus behavior, that they have a tendency to assign overly severe sanctions, and that they have gone too far in claiming jurisdiction over students' off-campus lives. We're on your side. That means that whatever the charges against you, we'll make sure you're treated fairly and that you get the very best possible resolution to your case.
To find out more, call 888-535-3686 today or use our automated online form.
Can My College Really Charge Me for Alleged Misconduct That Occurred Off-Campus?
We won't beat around the bush. Can your college or university charge you with misconduct for off-campus incidents? Absolutely. And almost all of them will, at least in a limited number of cases.
Think about it. If you're convicted of a serious criminal offense, your school needs to protect the campus community, to say nothing of its own reputation. It's only logical that schools have rules—usually listed in the Student Code of Conduct—that allow them to expel you should you commit a crime.
It's important you check the wording of these policies, though. Many of them, such as the one maintained by the University of Memphis, don't require you to be “convicted” in order to initiate their own investigations. The UM policy reads, “any violation of any local, state, or federal laws is also prohibited.” In other words, if someone should accuse you of violating the law, the school has the right to pursue that allegation, whether or not civil authorities decide to investigate. Further, your school doesn't have to find you guilty “beyond a reasonable doubt” the way a court would. If it is more than fifty percent convinced you committed an offense, it can assign a sanction up to and including dismissal.
Some schools hold you accountable not just for following the law off campus but for upholding all aspects of the Code of Conduct. Sewanee's code, for instance, notes promises to investigate “behavior or activity [that] is inconsistent with the Code of Conduct” whether that behavior occurs “on-campus, off-campus” or online. And if you attend a school with a religious affiliation, like Trevecca Nazarene University, you may be subject to a moral code as well. Among its many rules, Trevecca's conduct code notes,
Men and women attending this University are expected to refrain from engaging in acts of sexual immorality, such as premarital and extramarital relations, heterosexual and homosexual advances, and sexual perversion of any form.
Rules such as these are not bound by the limits of campus.
How can schools get away with claiming such total jurisdiction? When you're enrolled at a college or university, you agree to abide by all school rules and policies. It's like a contract. In fact, many schools these days require students to sign an actual contract saying as much. Whether or not all of the provisions regarding off-campus behavior are strictly legal is beside the point. Most schools assume students will be cowed enough by the sheer weight of the institution not to question how they're treated.
However, you always have the right to defend yourself from charges. All Tennessee schools afford students due process any time they stand accused of committing a violation, and this extends to charges for off-campus allegations. In most cases, this gives you three options.
- You can work to disprove the university's case against you.
- You can argue that the sanction your university is proposing is disproportionate to the offense.
- If the charges spring from an off-campus allegation, you can argue that the university simply doesn't have jurisdiction over you.
Any campus defense is a complicated matter. You need a strong argument, and you need to know how to navigate judicial procedures. You need to be able to identify and organize evidence and come up with the right sorts of questions for witnesses. A jurisdictional case can be especially tricky, though, since it involves subtle readings of both the law and school policy.
You don't have to handle your defense all on your own, though. The Lento Law Firm is always here to help when you need us. We know the law; we know how your school works, and we're experienced. We've helped hundreds of students defend themselves from all types of charges, and we have the knowledge and the background it takes to help you as well.
Criteria Used by Tennessee Schools to Discipline Off-Campus Behaviors
Every school in Tennessee operates according to its own particular standards. And each school treats off-campus behavior differently. for example, the University of Tennessee's code applies any time misconduct “Involves another member of the University of Tennessee community.” In contrast, Tennessee State University's policy on off-campus misconduct is restricted to behavior that “impairs, interferes with, or obstructs the institutional activity of the mission, processes, and functions of the institutions.”
However, there is a general set of principles to which all schools subscribe. Violate any of these, and you can expect to face disciplinary action.
Connection to School-Sponsored Activities
If you're participating in a school-sponsored activity, it doesn't particularly matter where it actually takes place. Schools sometimes hold events at local parks, or the golf team might host a tournament at the country club. If an event is being held in your school's name, then your school will almost certainly hold attendees to its rules.
Connection to School-related Activities
Your school could go further, though, and assert jurisdiction over any activity that is “school-related.” This could bring a lot more situations into play. Anything involving studying might qualify, for instance. In fact, as a “student,” all of your behavior might be under scrutiny.
Academic Misconduct Off-Campus
While you may complete your papers and take-home exams in an off-campus apartment or a local coffee shop, you always turn them in on campus, even if “campus,” in this case, is an electronic drop box or a professor's email. Thus, you can expect your school to investigate all accusations of academic misconduct.
Violation of State or Federal Laws
This one is virtually universal among schools. At a minimum, colleges and universities want to be able to kick out students who have been convicted of violent offenses. Again, the question is whether your school can come after you for any allegation of law-breaking or if they can only discipline you if you have actually been convicted of a crime.
Online Misconduct
In the digital world, issues of jurisdiction can sometimes be confusing, and this only makes it harder to sort out whether a given “incident” happened on campus or off. You can be certain that any engagement with a course website or other school-sponsored page is “on campus.” Some schools, though, will punish you for inappropriate posts on commercial social media sites as well.
Sexual Harassment, Assault, or Discrimination
For a number of years, colleges and universities dealt with most allegations of sexual misconduct through the federal government's Title IX law. However, in 2020, that law changed to prohibit schools from investigating off-campus incidents. Most schools now have their own policies, though, and almost all assert that they have the right to discipline students over this type of misconduct wherever it occurs.
Affiliation with University-Recognized Organizations
Just like school-sponsored events, university-recognized organizations—from academic clubs to sports teams to Greeks—are always subject to school policies. Any activity you participate in as part of one of these organizations is subject to school rules.
Honor Code/Moral Code Violations
Some schools, especially those with religious affiliations, add rules to their conduct codes that attempt to legislate morality. Your school, for instance, might prohibit homosexual relationships. Some go so far as banning drinking, even for students who are of age, or they might prohibit sex out of wedlock. Generally speaking, schools hold students accountable for violations of these codes no matter where they occur.
Threats to University Reputation
Even schools that claim to be open-minded sometimes balk at what they feel is “inappropriate” behavior, even if that behavior is perfectly legal. Get caught doing something embarrassing on a Spring Break video or post a comment to Facebook that your school regards as racist, sexist, or homophobic, and your school could argue that you've threatened its reputation. This can also be grounds for a sanction.
Threats to Health and Safety
This one is fairly universal as well. Any time your school believes you represent a threat to the health and/or safety of the campus community, it will likely assert its authority. As with other items on this list, the definition of a “threat” can differ from school to school.
Possible Disciplinary Actions for Off-Campus Misconduct in Tennessee
Except in unusual cases, if your school has charged you with an off-campus conduct violation, you can be sure it will seek to sanction you just as though the violation had happened on campus.
In Tennessee, most schools use a standard set of sanctions to punish offenses.
- Verbal or Written Warnings: Minor offenses typically garner nothing more than warnings. Keep in mind, though, that a warning in your permanent file can have long-term consequences.
- Educational Programs: Some schools require students who have committed code violations to participate in educational programs that teach about the nature of the offense. Your school might ask you to complete a tutorial program on the nature of plagiarism, for example, or to attend a seminar on underage drinking.
- Restitution: Penalties can also be financial. If you've lost or damaged school property, you could be asked to pay for that property. In most cases, you won't be allowed to graduate until you have made full restitution.
- Probation: Like warnings, probation usually allows you to avoid a more serious sanction. However, probation is more likely to appear on your transcript. In addition, it usually means that any offense during your probationary period—even a minor offense—will result in much more severe punishment.
- Loss of Privileges: Schools sometimes restrict students who have violated policy from participation in sports or student government. Or your school could bar you from parking on campus or using the student fitness center.
- Suspension: This means temporary separation from your school. At a minimum, you won't be allowed to register for a semester or, in some cases, longer. You could also be prohibited from visiting campus at all.
- Expulsion: This means permanent separation from your school. In addition, this sanction almost always includes a transcript notation about the nature of your offense. That could essentially mean the end of your academic career since few schools are willing to risk accepting a student who has already been expelled elsewhere.
- Withholding of Degree: If an allegation arises near the end of your college career, your school could decide to withhold your degree until it completes its investigation and until you fulfill the conditions of any sanctions. This can delay your ability to start your career and pay off any student loans.
- Revocation of Degree: Finally, schools have the power to revoke degrees entirely if they discover an unpunished offense you committed as a student.
You cannot afford to take any charge or any proposed sanction lightly. You may feel it's easier to accept responsibility—even for something you didn't do—rather than fight a complicated judicial battle against your school, especially if the punishment is minor. Any punishment can affect your future, though, if it should show up on your transcript. In fact, even if you are ultimately cleared of wrongdoing, rumors can persist that can interfere with graduate school applications, internship applications, and job applications.
Your best option is always to mount a vigorous defense. We can help. The Lento Law Firm's attorneys know how your school works. We're skilled at communicating with faculty and administration and can negotiate fair settlements when that's called for. When we need to, though, we can also be fierce in defending our clients.
The Lento Law Firm: Your Tennessee 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've studied 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 is already building its case. You should be, too. Contact the Lento Law Firm today at 888-535-3686 or use our automated online form.
