As a dedicated student at a college or university in Texas, trouble was the last thing you were looking for...but suddenly you have found yourself embroiled in an unforeseen problem that now threatens your academic future. Perhaps it started off as an evening of harmless fun off-campus that devolved into something regrettable. Maybe you cut loose with some friends and ended up vandalizing someone's car. It could be that you posted a provocative tirade against someone on social media or got involved in a physical altercation with someone. Or maybe someone is just falsely accusing you--it happens. Whatever it was, it happened off campus...so why are you now getting notified by your school that you're being investigated for student misconduct and facing possible expulsion?
It may seem unjust, but it happens more often than you think. Both public and private higher education institutions in Texas frequently assert their authority over off-campus violations, imposing disciplinary actions on students accordingly. If you're a student facing such allegations--or the parent of such a student--you need to be aware of the risk of disciplinary action from the school that could disrupt your education and jeopardize your future career prospects.
Fortunately, you're not alone. The Student Defense Team at Lento Law Firm has nationwide experience in aiding students and their parents to navigate and resolve these complex issues. If you are a Texas college student confronted with potential disciplinary action for an off-campus incident, or if you're the parent of an accused student, reach out to the Lento Law Firm at 888-535-3686 today to book a consultation.
Does My College Have the Authority to Punish Me for Something that Happened Off-Campus?
Surprisingly, the answer is often yes. A common misconception among students is that if their supposed infraction or misconduct occurred off-campus, the school lacks authority over the incident. However, most Texas colleges and universities have policies in place in which they claim to have jurisdiction over certain off-campus behaviors as they relate to the school.
Each college and university has its own criteria as to how it exerts authority over off-campus behaviors; there is no universal standard. And sometimes, a policy's legality can be contested if it's deemed blatantly unfair. Generally speaking, as long as the rules are documented in the institution's disciplinary policies or student Codes of Conduct, you are presumed to be subject to them once you enroll in the school. If you're suspected of violating these rules--whether on or off campus--the school may seek to enforce disciplinary action against you.
That said, even if the school has a written policy regarding off-campus behaviors, this still remains something of a gray area as far as enforcement. The fairness by which these policies are implemented is a matter of debate. While legal action is sometimes necessary if a student's rights have been violated, many of these contentious factors can typically be resolved through adept negotiation. But if you (like many students and parents) are unaware of these subtleties, you could end up facing disciplinary actions with enduring consequences that could have otherwise been prevented.
The Student Defense Team at Lento Law Firm has successfully helped many students accused of misconduct, both on and off campus. We comprehend the intricacies of school regulations, student rights, and due process procedures in Texas institutions, and we're skilled in leveraging these elements to minimize or eliminate potential penalties, even in the most complex cases.
How Texas Schools Determine Disciplinary Action for Off-Campus Misconduct
There isn't a standardized set of criteria that colleges and universities use to exert authority over alleged off-campus misconduct--which is why this issue can be so confusing to students. Each school develops its own policies in this area, ranging from highly detailed to somewhat ambiguous, and typically, the decision to act is made on a case-by-case basis, taking into consideration a variety of factors. To illustrate this point, consider the following examples:
- The University of North Texas Code of Conduct only specifies that it may discipline off-campus misconduct "when the conduct could adversely affect the University community, the pursuit of the University's educational mission, or could create a hostile environment for a student on campus."
- UT Dallas states in its Code of Conduct that students are accountable for their conduct both on and off campus, but also states the school decides whether to impose discipline based on "whether the conduct impairs, interferes with, or obstructs any institutional activity or the mission, processes, and functions of the institution and whether the conduct adversely affects University interests."
- UT San Antonio effectively limits its off-campus jurisdiction to campus-related activities such as internships, field trips, etc...but also states its jurisdiction is "including, but not limited to, these circumstances.
- Meanwhile, Baylor University clearly specifies in its Code of Conduct that it reserves the right to pursue disciplinary action for any "misconduct" occurring both on or off campus.
Key Determinants for Off-Campus Disciplinary Actions
As you can see from the above, every school approaches the question of off-campus behavior differently, ranging from limited to broad strokes. The following is not an exhaustive list but provides an overview of the common circumstances under which many Texas schools may assert their jurisdiction.
Link to School-Sponsored Activities
If the alleged misconduct is directly or tangentially connected to a school-sanctioned activity or event, including field trips, study abroad programs, internships, or research initiatives, the university is more likely to assert jurisdiction. For example, if you're implicated in an assault case while on a study abroad program, the university might view you as being under their authority while studying and residing overseas.
Off-Campus Academic Misconduct
Universities often claim jurisdiction over academic misconduct that occurs off-campus, such as plagiarism or cheating in an online course assignment. This can also extend to misbehavior during off-campus study groups or team projects.
Breach of Local, State, or Federal Laws
If a student's off-campus behavior breaks local, state, or federal laws, and the university becomes aware of it, they may assert jurisdiction, especially if the conduct reflects negatively on the institution or disrupts the learning environment. This applies even if the alleged activity doesn't actually result in criminal charges.
Online Misconduct
In today's digital age, online conduct can also come under the university's jurisdiction if it involves cyberbullying, threats, harassment, or any other form of misconduct that impacts the campus community. (It can also apply to using online resources to cheat.)
Sexual Harassment, Assault, or Discrimination
Strictly speaking, since Title IX is a federal law affecting schools receiving federal funding, Title IX violations like sexual harassment and assault only apply to alleged incidents occurring on campus. Nonetheless, most schools have their own policies regarding student sexual misconduct, so in certain instances where the alleged perpetrator is a student, the school may choose to intervene even if the incident took place off campus--especially if the alleged victim is also a student.
Misconduct During University-Sanctioned Events
Colleges and universities will almost invariably assert jurisdiction over off-campus events that are university-sponsored, make use of school equipment, or otherwise fall under the school's authority--for example, if the misconduct takes place during an event such as a conference, athletic event, or social gathering.
Involvement with University-Endorsed Organizations
If your alleged off-campus misbehavior occurs while you're participating in activities with university-acknowledged organizations (like fraternities, sororities, or sports teams), the university may assert jurisdiction and enforce discipline.
Violation of Honor Code/Moral Code
Certain private institutions (especially those of a religious nature) may require students to sign an Honor Code wherein they pledge to maintain 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 assert the right to enforce disciplinary actions.
Threats to Health and Safety
Should your alleged off-campus activities pose a direct or indirect threat to the health and safety of others within the university community, the university may decide to intervene. This could include behaviors like drug trafficking, possession of dangerous weapons, or threats of violence.
Damage to University Reputation
If a student's off-campus activities significantly tarnish the reputation of the university, the institution may opt to take disciplinary action. This is particularly true if the behavior involves public figures, business or corporate partners, politicians, or other important stakeholders.
Potential Consequences for Off-Campus Misconduct in Texas
When a college or university deems your off-campus misconduct as being within their purview, they are likely to apply their standard disciplinary procedures as they would for on-campus incidents. This may involve conducting an investigation, interviewing witnesses, and holding formal and informal hearings. Upon concluding that misconduct has occurred based on a preponderance of the evidence, the institution might decide to enforce one or more of the following disciplinary measures:
- Probation: A designated period during which any additional violation could jeopardize your standing at the institution.
- Loss of Privileges: You might be prohibited from participating in certain activities or accessing specific facilities, or you might lose other privileges, such as parking rights or the capability to represent the university officially.
- Restitution: You might be obligated to compensate for loss, damage, or injury. This could be in the form of suitable service or monetary/material replacement.
- Educational Programs: You might be required to partake in educational programs, like workshops or online courses pertinent to the offense committed.
- Suspension: You might be temporarily separated from the university for a specified duration, 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 awarded by the university might be revoked.
- Withholding of Degree: The university might withhold awarding a degree otherwise earned until the completion of the process outlined in the student conduct code, including the completion of all imposed sanctions.
Implications for Your Future
The ramifications of being accused of student misconduct are far-reaching. If the institution decides to impose disciplinary actions against you, even for off-campus misconduct, the long-term effects on your future can be substantial. These potential consequences include:
- Academic Progress: Suspension or expulsion could delay or halt your academic progress, making it more challenging for you to obtain your degree. Expulsion could also make it difficult for you to gain admission to another school to complete your studies.
- Transcript Notations: 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 (like law, medicine, or teaching), having a disciplinary record could affect your ability to acquire such licenses.
- Graduate School Admissions: Many graduate programs require applicants to disclose any disciplinary actions during the application process, potentially negatively impacting their chances of acceptance.
- Financial Aid Eligibility: Severe disciplinary actions could affect your eligibility for financial aid, including loans, grants, and scholarships.
How the Lento Law Firm Can Help
In student disciplinary proceedings, there's no guaranteed presumption of innocence, and the burden of proof required to find you guilty is relatively low. For these reasons, it's highly inadvisable to try and address the allegations against you without help. Engaging an experienced education attorney early in the process offers your best hope for vindication and/or leniency. Here's how Lento Law Firm's Student Defense Team can assist:
- Assess the charges against you and guide you on the most effective defense strategy for your case;
- Collect evidence and gather witnesses to bolster your defense;
- Negotiate with the school and/or their legal representatives to reach the most favorable resolution;
- Compose a persuasive written rebuttal to the complaint leveled against you;
- Assist you in preparing for your disciplinary hearing and reviewing your arguments; and
- In exceptional cases, initiate litigation against the school (if the school is clearly exceeding its legal boundaries).
If you're a Texas student facing disciplinary action--or if you're a parent of such a student--don't take unnecessary risks with your future. The Lento Law Firm Team is committed to safeguarding your rights and working to obtain the most advantageous resolution possible. Reach us at 888-535-3686 or by using our online form.
