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Student Codes of Conduct: Serious Violations and Violence (https://lawyers.Pndlaw.com/lawyer/practice/civil-

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By Jade Yeban, J.D. (https://www.Pndlaw.com/company/our-team/jade-yeban-j-d/) | Legally reviewed by Susan (https://lawyers.Pndlaw.com/lawyer/practice/state,-
Mills Richmond, Esq. (https://www.Pndlaw.com/company/our-team/susan-richmond-esq/) | Last reviewed local-municipal-law)

February 20, 2024

Student Conduct and
Legally Reviewed 
Discipline
Fact-Checked  Bullying and the Law
(https://www.Pndlaw.com/education/student-
conduct-and-discipline/bullying-and-
Serious violations of the student code of conduct (https://www.Pndlaw.com/education/student-conduct-and-
the-law.html)
discipline.html) can include a range of behaviors. These behaviors generally disrupt the educational School Discipline
environment. Student codes of conduct (https://www.Pndlaw.com/education/student-conduct-and- (https://www.Pndlaw.com/education/student-
discipline/codes-of-conduct.html) should be able to address problematic behavior. They should prescribe conduct-and-discipline/school-
discipline.html)
appropriate consequences for the behavior.
Student Codes of Conduct
(https://www.Pndlaw.com/education/student-
Among those more serious violations are the following:
conduct-and-discipline/student-
codes-of-conduct.html)
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 Pre 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 signiPcant 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 (https://www.Pndlaw.com/family/domestic-
violence.html) or trespassing (https://www.Pndlaw.com/realestate/land-use-laws/trespassing.html). 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
(https://www2.ed.gov/about/oaces/list/ocr/docs/tix_dis.html), educational institutions must address these
violations promptly and effectively. The complainant and the respondent have speciPc 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 (https://www.Pndlaw.com/criminal/criminal-
charges/sexual-assault-penalties-and-sentencing.html) 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,
falsiPcation, 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 oacial
acknowledgment that the student is under investigation. It also outlines the speciPcs 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 signiPcant legal implications. Students are often unaware of
their rights under the Family Educational Rights and Privacy Act (https://www.Pndlaw.com/education/higher-
education/what-is-ferpa.html) (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 (https://lawyers.Pndlaw.com/lawyer/practice/education-law?

ei=dcta) today to learn more.

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