Student Codes of Conduct: Serious Violations and Violence

Serious violations of the student code of conduct can include a range of behaviors. These behaviors generally disrupt the educational environment. Student codes of conduct should be able to address problematic behavior. They should prescribe appropriate consequences for the behavior.

Among those more serious violations are the following:

• Academic dishonesty, like cheating or plagiarizing
• Using profane, obscene, or ethnically offensive language
• Drug use and possession of controlled substances or drug paraphernalia on campus
• Use or possession of alcoholic beverages on campus
• Possessing pornographic material
• Theft (from another student or the school)
• Gambling on school grounds
• Disruptive behavior, which can include anything from vandalism to false reporting of a fire alarm
• Threatening the safety of another student
• Fighting with another student
• Participating in hazing

Consequences for Violating the Student Code of Conduct

Students who commit these more serious offenses will face strong punishment. Some of these offenses are against school policies, state laws, and federal laws. Many of these offenses directly threaten the well-being and safety of the school or the university community.

Intervention or rehabilitative programs can play a crucial role in educational settings. They can be used to address issues related to student behavior violations. These programs can help educate and rehabilitate students who have engaged in misconduct.

Discipline can be rehabilitative in form. Instead of being suspended from class, for example, a student might be assigned to do a community service project. Someone who vandalizes a school building may have to repair that damage instead of merely paying for it.

Violence and Other Extreme Behavior

Violence and other forms of extreme behavior are significant concerns. These behaviors include physical harm, bodily harm, or threatening behavior. Off-campus incidents threatening the learning environment may also warrant conduct sanctions. Law enforcement agencies often get involved in such cases. This is especially true when actions breach criminal law, like domestic violence or trespassing. Law enforcement also gets involved in actions that involve weapons.

Violence in the form of school shootings represents some of the most serious challenges faced by institutions today. Such acts of violence cause immediate physical harm and may have long-lasting impacts on the psychological state of students, faculty, and the wider community.

Schools and universities are increasingly focusing on preventive measures. They have put threat assessment teams and enhanced security protocols in place. These measures help identify risk and intervene before incidents occur.

Sexual Assault and Sexual Harassment

Sexual misconduct includes sexual assault and sexual harassment. Sexual misconduct is a grave violation of student codes of conduct. Such actions are subject to severe disciplinary action. Under Title IX, educational institutions must address these violations promptly and effectively. The complainant and the respondent have specific rights. These rights are safeguarded during the investigation and appeals process.

Sexual assault describes any crime related to unwanted sexual contact. This assault ranges from inappropriate groping to attempted rape. In addition to criminal charges that can come from any sexual assault, many school districts have listed sexual assault among the most serious or violent offenses in the student code of conduct. Most schools also provide for immediate suspension or expulsion for sexual assault. They also may allow a transfer to an alternative disciplinary education program for a sexual assault.

Substance Abuse and Its Impacts

Substance abuse can severely impact the educational environment. This includes the use of controlled substances and alcoholic beverages. These behaviors are code of conduct violations. They also breach local laws and state laws. Educational institutions may impose sanctions. They may also require participation in substance abuse programs as part of the disciplinary action imposed on the student.

Academic Dishonesty

Academic dishonesty undermines the core values of educational institutions. This includes cheating, falsification, and providing false information. Such actions are not only unethical but also hamper the learning process for other students. The adjudication process for academic dishonesty differs among universities. This process typically involves a period of time for investigation. Sanctions follow this if the student is found guilty.

Social Media Misconduct

In the digital age, misconduct on social media platforms is an emerging concern. Posting false information or inciting violence may be grounds for misconduct. Engaging in harassment online can also lead to disciplinary actions. Educational institutions are increasingly monitoring social media. They believe this helps protect the well-being and safety of their students.

Identifying Troubled Students

Faculty members and staff play a pivotal role. They help identify students who may be exhibiting signs of mental health issues. Faculty and staff should also try to identify student behavior that may lead to a violation of the code of conduct. Early intervention can prevent escalation and assist in maintaining a positive school environment. Staff members, including those in residence halls, are often trained to spot signs. They might identify signs of drug use, emotional distress, or disruptive behavior.

Legal Implications and Rights

Students who face allegations of a code of conduct violation have certain protections and due process rights. This is under the framework of educational policies and laws. One fundamental right is a student's right to receive written notice of the alleged violation. This notice is not only a formality. It is also an official acknowledgment that the student is under investigation. It also outlines the specifics of the alleged misconduct.

Another critical right is the opportunity for the students to due process of law. This is the right to have notice of the allegations of misconduct and to defend themselves. This defense is not a formality but a substantive opportunity to present their side of the story.

It often involves a hearing or a meeting with a disciplinary board or a designee from the university. During this time, the student can present evidence. The student can call witnesses and argue their case. This process ensures adjudication is fair and is not a unilateral decision by the university.

Violations of the student code of conduct can have significant legal implications. Students are often unaware of their rights under the Family Educational Rights and Privacy Act (FERPA), which protects their educational records. Furthermore, interactions with law enforcement agencies during investigations must be conducted pursuant to relevant laws and regulations.

Get Legal Answers to Your Education Questions

The laws that apply to students and schools can be complicated and vary by school district and state. If you have questions about education laws in your area, an experienced lawyer can answer them and help you resolve any legal issues.

Get in touch with an attorney near you today to learn more.