You're a dedicated student. You're ambitious. And you take your academic studies seriously. This is unsurprising. You have a bright future ahead of you, and you're investing the time and effort necessary to achieve your professional ambitions.
However, you're also human. You make mistakes. Maybe you're a medical student who posted an Instagram reel about using alcohol to cope with school stress. Or maybe you got into a brawl in a student bar after a long night. Or perhaps you took a shortcut on an assignment and copied another student's work in a local coffee shop.
Whatever happened, you've just received notice from the school that you're in trouble. You're facing disciplinary action. And you don't know where to turn. Or you're a parent, and you've just found out that the school is investigating your child for something that happened off-campus.
You're unsure how to defend the accusations. What evidence do you need? How do you prove that one lapse in judgment shouldn't be enough to derail your studies? And if you're entirely innocent, how do you quash false allegations and clear your name?
You might be tempted to brush the incident off and hope it goes away. After all, if the alleged incident happened off-campus, surely it won't really affect your school career. Right? Sadly, this is wrong. In fact, Vermont colleges and universities can (and do) sanction students for off-campus misconduct. In the worst-case scenario, this could lead to expulsion – and the end of a promising academic career.
At the Lento Law Firm, we're on your side. We know that everyone makes mistakes, and we believe that every student deserves a second chance. And you certainly deserve the chance to tell your side of the story. Don't become a statistic for off-campus discipline. Instead, contact the Lento Law Firm Team now at 888.535.3686. Or, leave us a message online, and our Student Defense Team will get back to you.
What Is “Off-Campus” Misconduct?
Off-campus misconduct is simply misconduct that occurs beyond the college boundaries. If the alleged misconduct takes place anywhere on school property, it's simply considered to be misconduct. But if it occurs, for example, in off-campus housing or elsewhere in the community, then it's off-campus.
“Misconduct” can mean many things, as we'll explore below. Can a college or university punish you for things that happen beyond school grounds, though? The answer may surprise you.
Can a School Discipline Students for Off-Campus Misconduct in Vermont?
Yes. Even if an incident occurs off-campus, your school may have the right to undertake disciplinary action against you. If the school finds out about the alleged misconduct, whether through a formal complaint or other means, they can act on it. How do you know if your school can impose sanctions for off-campus conduct? The answers can be found in your school's Code of Conduct.
For example, Vermont State University's Code of Conduct specifically references off-campus conduct. Middlebury College students are subject to disciplinary action for conduct close to the college or for certain types of conduct that take place anywhere off-campus. We'll look at how schools determine when to trigger the disciplinary process below.
There's always the chance that a school will attempt to overstep its authority. They may attempt to discipline you for conduct over which they have no jurisdiction, as per their own regulations. How do you know if a school is acting beyond its authority? It's not always easy to tell, especially if you lack experience in navigating the school disciplinary system.
However, the Lento Law Firm Team can assist here. We serve students across the US and have a comprehensive understanding of school policies. We can determine whether a school is acting beyond its authority and, if so, challenge its actions. Litigation is rarely necessary. Most such matters can be resolved through careful negotiation and presentation of the facts. However, if litigation is required to protect your position, know that we will fight robustly in your defense.
How Do Vermont Schools Decide How to Discipline Students for Off-Campus Misconduct?
Schools have the freedom (within reason) to determine their own rules for deciding what type of off-campus behavior merits school investigation. For example, returning to Middlebury College, the school may investigate off-campus behavior if it:
- Threatens community safety.
- Threatens the safety of college students or faculty.
- Disrupts the education environment of other college students.
- Runs contrary to the school's objectives.
This criterion is quite broad, meaning the school has a wide jurisdiction for investigating off-campus misconduct.
Similarly, Vermont State University can investigate off-campus conduct which:
- Threatens the student's own safety.
- Threatens the safety of the wider community.
- Brings the student's suitability for their degree program into question.
- Violates state, federal, or local laws.
Most schools will treat off-campus misconduct investigations the same way as other types of disciplinary proceedings. This means you will likely be interviewed, required to present your own side of the story, and obliged to attend a hearing. You may also be required to present evidence in your defense or call witnesses if helpful.
Our Education Law Team can help you prepare for any off-campus misconduct investigation. We will determine the most compelling way to present evidence in your favor and advise how you might best challenge the accusations.
When Is a Student Most Likely to Face Disciplinary Action for Off-Campus Misconduct in Vermont?
There's no single answer to this question – it varies considerably from school to school. However, the most common types of behavior which may lead to off-campus misconduct sanctions in VT include:
- Federal, State, or Local Law Violations: Violating any law, e.g., even just receiving a DUI, could lead to school disciplinary action if the school believes that it could reflect poorly on them.
- Health and Safety Threats: Any incident that could pose a threat to your own safety or public safety may be investigated by your school. Drug dealing, carrying weapons, and threatening behavior all fall into this category.
- Reputation Damage: If the school believes that behavior brings its reputation into question, or damages relations with the local community, it may investigate the allegations no matter where the incident allegedly took place.
- Honor Code Violations: If you're part of certain religious colleges, then you may be required to uphold certain moral standards, e.g., abstaining from alcohol or drugs. Should you violate this code, even off-campus, the school may investigate the matter on the grounds that it allegedly brings your moral character into question.
- Online Misconduct: Online misconduct, such as bullying, threatening behavior, and cyberstalking, may be investigated by schools even if the alleged behavior occurs off-campus.
- Sexual Harassment: Schools in Vermont often have sexual harassment, stalking, and discrimination policies beyond Title IX requirements. Such policies usually give schools the authority to investigate, e.g., sexual assault and harassment allegations, even if they occur off-campus.
- Off-Campus Academic Misconduct: Any academic misconduct, such as unauthorized collaboration or cheating, which occurs off-campus, may fall under school jurisdiction.
What about alleged misconduct at school events or field trips or on “study abroad” programs? Schools will usually argue that because there's a direct connection to the school, they have jurisdiction over misconduct in these scenarios.
What Type of Sanctions Could College or University Students Face?
Just as each school has its own process for investigating off-campus misconduct, they have the freedom to determine what actions they might take. Protocols can vary significantly by school, but generally, the range of sanctions for off-campus misconduct in Vermont includes:
- Expulsion: If you're expelled, you lose your spot in the program. Unless you can find an alternative placement elsewhere, you cannot complete your studies.
- Suspension: If suspended, you can't attend classes, use school facilities, or attend school events until the suspension period ends.
- Revocation of Privileges: Revoking privileges means you may be unable to participate in school sports or activities, access certain facilities, or fully immerse yourself in the college campus.
- Academic Probation: If on academic probation, you could be suspended or expelled if there are any further misconduct findings against you or your performance drops below a certain level.
- Mandatory Program Participation: Schools may require you to complete certain education or remedial programs before allowing you to continue with your studies.
- Compensation: If your alleged actions cause harm or damage, you may be required to pay civil compensation. These fines could be considerable.
- Withholding or Revocation of Degree: Depending on the nature of the off-campus misconduct, a school may withhold your degree until, e.g., you complete an educational or remedial program. Or, they may actually revoke a degree already awarded.
The Long-Term Implications of Disciplinary Action for Promising Students
Every action has a consequence. Disciplinary action is no exception, particularly for young persons at such a critical stage in their careers. In the short term, a student may feel anger, fear, frustration, and even shame. The disciplinary action might have social implications – students may withdraw from their friends, have less confidence, and be less inclined to participate in new activities.
In the long term, though, the consequences are stark.
- Access to Financial Support: You may become ineligible for student aid, such as scholarships if the school takes formal disciplinary action against you for off-campus conduct.
- Student Debt: Even if you can't complete your program, any student debt remains outstanding. You are then left in a position where you have student debt but – potentially – no qualification.
- Disciplinary Record: Formal sanctions, such as suspension and expulsion, go on your permanent academic record. This disciplinary record is visible to prospective employers viewing your transcript.
- Failure to Progress: Expulsion, or even suspension, halts your academic progress (at least temporarily). This places you behind your peers, but if you're expelled, you'll find it more challenging to secure a place to complete your degree elsewhere.
- Refusal of Admissions: Some graduate programs will refuse to admit individuals with a disciplinary record. This could affect your chances of completing your education for a chosen career path.
- Professional Licensing Issues: Many professions, such as medicine, teaching, and law, require you to obtain a license before you can practice. Disciplinary action for off-campus misconduct may affect your prospects of successfully applying for a professional license.
Can a Student Defense Lawyer Help Me Challenge Disciplinary Action?
Absolutely. Consider it this way: there's a huge amount at risk for you if your school imposes disciplinary action. You've worked too hard for too long to let a mistake – or even a false allegation – jeopardize everything. Our Education Law Team can:
- Evaluate the claims and evidence against you.
- Determine how you might challenge the accusations.
- Explain your procedural rights and the school's obligation(s) to you.
- Help you determine whether it's best to seek dismissal of the allegations or mitigate the punishment.
- Represent you at hearings (if permitted by your school's conduct codes).
- Support you as you prepare for your hearing.
- File a lawsuit against your school (this is rare, but it can happen if the school breaches its conduct codes or oversteps the extent of its legal authority over off-campus activity).
Some schools may tell you that you can't have an attorney present at any hearing. Even if you can't have formal representation, though, our Student Defense Team can assist. Remember, there is a significant amount of pre-hearing preparation to do. We can explain your best course of action and how you might respond to accusations, even if we can't be in the room with you. So, don't hesitate to contact us even if your school rules prohibit attorney representation at a hearing.
Contact the Student Defense Team at the Lento Law Firm
Whether you're a student in crisis or a worried parent, the Lento Law Firm wants to help. Our Student Defense Team routinely represents students in VT and across the US facing off-campus disciplinary action. We know what's at stake, and we understand how to work with school officials to ensure they uphold your procedural rights. Whether the goal is to have the accusations dismissed outright or the punishment mitigated, our Student Defense Team can help.
Whether you're a student in crisis or a worried parent, the Lento Law Firm wants to help. Our Student Defense Team routinely represents students in VT and across the US facing off-campus disciplinary action. We know what's at stake, and we understand how to work with school officials to ensure they uphold your procedural rights. Whether the goal is to have the accusations dismissed outright or the punishment mitigated, our Student Defense Team is in your corner.
Don't let the stress of off-campus disciplinary action overwhelm you. Talk to the Lento Law Firm. Call now at 888.535.3686 or leave us a message online. We can then evaluate your case and explain your legal options.
