Are You Bound by Title IX and the Code of Conduct Before You Start Classes?
| | Student Rights, Title IX
Getting ready to start college is an exciting period in life. Most students and their families spend a lot of time closely reviewing the list of items needed for the dorm room and learning about new roommates, meal plans, and other details of campus living.
One set of information that students and their families usually do not consider is the school’s code of conduct. If asked, most people would probably say that the terms of the code don’t matter yet because school hasn’t started. However, it is important to understand that your particular college or university may consider you to be a student already, and that means you are bound by the school’s code of conduct and liable for any violations. It could also mean that you could be held responsible for violations of Title IX.
Are You a Student?
How can you tell whether you are considered to be a student? The answer often depends on the definition contained in the policies of the university or college. Some policies define students as those who are enrolled in classes. Other policies define students to include those who have been admitted to the institution, even if they have not yet enrolled.
Generally, a student is considered to be enrolled when they have registered for classes. So, at this point in the summer, many students who have not yet started college are already enrolled for fall classes and, therefore, considered to be students. Even some who have not yet signed up for classes may still be considered students if they have been offered admission and have accepted the offer.
Understanding the Contractual Obligations Under the Code of Conduct
All colleges and universities have established a code of conduct consisting of rules that are supposed to control student behavior. The code is usually very lengthy and includes rules covering a wide array of subjects, including both academic issues and non-academic behavior. A school’s code of conduct will contain rules about issues such as:
- Penalties for cheating and plagiarism
- Possession of alcohol or controlled substances
- Use of social media
- Sexual harassment
- Hazing associated with fraternities and sororities
- Health requirements such as medical exams and proof of vaccinations
- Relationship violence
- Sexual misconduct and rape
- Use of housing and dining facilities
- Trespassing and unauthorized entry into facilities
- Bias-motivated conduct
By accepting admission or enrolling for classes, a student is considered to have accepted the terms in the school’s code of conduct, and those terms become part of a contractual obligation. (In situations where a student is under the age of 18, a parent or guardian will have been required to sign paperwork, that establishes the contractual obligation, but sometimes a contractual obligation can be established by a minor.)
Can you be bound by all the terms in a college’s code of conduct if you haven’t received a copy or didn’t even know it existed? In this age, all the terms are available online, and somewhere in all the paperwork signed as part of the admission process, there is a notice stating that you have agreed to abide by the code of conduct.
Obligations Under Title IX
Title IX of the Education Amendments of 1972 and the accompanying rules and guidelines set standards requiring colleges and universities to establish detailed policies to prevent and penalize discrimination on the basis of sex. Discrimination has been defined to include sexual misconduct, such as sexual assault. Students, faculty, and staff can be accused of violating someone’s Title IX rights by harassing them or engaging in sexual conduct without adequate consent. Then, the school conducts an investigation and holds some type of adjudicatory process (which may be a formal hearing, depending on what is required by the current Title IX rules) to determine whether the person accused should be found responsible for Title IX violations. A finding of responsibility can permanently damage a student’s reputation and career opportunities.
Are You Required to Comply with the Rules When You’re Off Campus?
Title IX rules and the campus code of conduct clearly govern students’ behavior while they are on campus or doing something in conjunction with a school program or activity. However, students can also face consequences for actions taken off campus if the school decides that the action poses a risk to the campus community or is harmful to the school’s interests.
Sexual assault that occurs off campus or on campus before classes start could be treated as a violation that causes the school to revoke your admission. Depending on the policies of the college or university, there may be no way to appeal a revocation.
It is important to understand that you can be found responsible for a violation of Title IX or school policies even if no criminal charges have been filed or even in situations where a criminal court has found you not guilty. The standards applied to find a student responsible for a violation are lower than those used in criminal cases, and the protections of due process are considerably different.
The bottom line is that you can be accused of violating Title IX or the conduct code before classes start, and it is important to take the accusations seriously. You need a solid plan to collect evidence and defend yourself against the allegations during the school’s disciplinary process. An experienced student defense lawyer understands how to make the most of the limited opportunities for defense in these types of cases, and that means it is a good idea to consult a knowledgeable lawyer for guidance as soon as someone mentions the possibility of a Title IX complaint or code of conduct violation.
Nesenoff & Miltenberg, LLP, is Dedicated to Student Defense
At Nesenoff & Miltenberg, LLP, we know that being found responsible for a Title IX or code of conduct violation can put an end to your education and haunt you for years. People are quick to believe the worst, and once your reputation is damaged, it can be very difficult to repair.
Our team works to build the best possible defense in campus proceedings and in court if necessary, to protect your name and your future. If you have been accused of violating Title IX or a school’s code of conduct, contact us for a confidential consultation to learn more about how we can help.