Lawbreaking: Can It Get You Expelled?

Getting arrested while in college can be a scary experience, and the consequences can be severe, potentially leaving students with a permanent criminal record or even jail time. Colleges have their own policies and guidelines regarding student discipline, and the consequences for breaking the law vary depending on the circumstances of each case. Students may face suspension or expulsion from college, and this decision often depends on the nature of the crime, the specific circumstances of the arrest, and the school's policies. In addition, students may also encounter criminal penalties from law enforcement agencies, including fines and jail time.

On-campus arrests

Firstly, it is important to note that colleges are not beholden to the same legal standards as the criminal justice system. While courts must prove guilt "beyond a reasonable doubt", colleges can use much looser standards. For example, to expel a student, a college might only need to be around 51%-85% sure of their guilt, depending on the standard they choose to apply.

The college may decide to suspend or expel the student, depending on the specific circumstances of the arrest and the school's policies. This is usually reserved for students arrested on felony charges or for more serious offences, such as drug possession or distribution, which may also affect the student's financial aid eligibility. In addition, the college may require the student to attend counselling sessions with an on-campus therapist or counsellor to help them cope with the arrest and any resulting trauma.

Even if the college does not find out about the arrest, it may still affect the student's future career plans. For example, if the student enrols in an internship or residency, the employer is likely to run a background check, which will typically uncover any legal charges.

It is important to note that there is no one-size-fits-all approach to how colleges handle on-campus arrests, and each college will have its own policies and procedures. As such, the best course of action for a student facing an on-campus arrest is to seek legal representation and guidance from an experienced lawyer, who can help navigate the specific circumstances and consequences of the incident.

Off-campus arrests

If you are arrested off-campus, it is likely that your college will find out about the incident. While colleges are not obliged to expel students who have been arrested, they may choose to do so, depending on the circumstances of the arrest and the policies of the institution.

Many colleges have conduct expectations and restrictions, and a student's arrest may reflect poorly on the college's reputation. Therefore, a school may be permitted to remove a student who has been arrested for a crime, particularly if the incident occurred on campus or the student has a scholarship or is in a work-study programme.

It is important to note that each college handles off-campus arrests differently, and the consequences will vary depending on the nature of the crime, the charges, and the details of the incident. For example, some colleges may only expel students arrested on felony charges, while others may reserve expulsion for repeat offenders. Additionally, certain crimes, such as drug possession or distribution, may affect a student's enrolment or financial aid eligibility.

To protect your rights and potentially mitigate the consequences, it is advisable to contact a lawyer or criminal defence attorney specialising in student cases as soon as possible. They can help you understand your legal rights and navigate the specific policies and procedures of your college.

Furthermore, an arrest can have serious implications beyond your education. It may result in criminal charges, a permanent criminal record, jail time, and affect your career prospects, housing options, and ability to obtain professional licenses. Therefore, it is crucial to take any arrest seriously and seek appropriate legal representation.

Drug-related incidents

The specific consequences will depend on the college's policies and the nature of the incident. Some colleges may be more lenient than others, and the type of drug involved, the amount, and whether there are prior offences will also play a role. It is important to note that even if you are found not guilty or the charges are dropped, the school may still choose to impose penalties, including expulsion.

In addition to expulsion, there can be other serious ramifications of a drug-related arrest or conviction. You may lose your federal financial aid eligibility, and a criminal record may impact your future career prospects, housing options, and ability to obtain professional licenses.

If you are facing drug-related charges while enrolled in college, it is essential to seek legal counsel as soon as possible to understand your rights and the potential consequences.

Impact on financial aid

Breaking the law can have serious implications for a college student's financial aid. Firstly, it is important to note that the impact of a criminal charge or conviction on financial aid eligibility varies depending on the specifics of the case, the student's college, and the type of financial aid they are receiving.

In the United States, federal student financial aid includes federal student loans, scholarships, and grants, such as the Pell Grant, as well as work-study programs. To qualify for federal financial aid, students must meet certain eligibility criteria, including having a clean criminal record. Thus, a criminal conviction can result in the loss of federal financial aid. Additionally, some colleges may have their own policies regarding financial aid and student misconduct, which could lead to further loss of financial support.

Incarceration, for example, can directly lead to losing federal financial aid. Students must be released from incarceration to regain eligibility for federal financial aid. Additionally, certain crimes, such as drug possession or distribution, may affect a student's financial aid eligibility. This is especially true if the student has a scholarship or is in a work-study program, as the college may choose to revoke these forms of financial aid.

The impact of a criminal record on financial aid eligibility can be complex. While a criminal record alone may not automatically disqualify a student from receiving financial aid, it can influence the college's decision-making process regarding financial support. Furthermore, the severity and nature of the crime committed can play a role in the college's decision.

It is worth noting that the impact of a criminal charge or conviction on financial aid may extend beyond the initial consequences. For instance, a criminal record can affect a student's career opportunities, which in turn could impact their ability to finance their education. Additionally, a criminal record may limit the student's ability to secure certain professional licenses or pursue specific career paths, further impacting their financial stability and ability to fund their education.

School policies

The college's decision to expel a student will depend on the specific circumstances of the arrest, as well as the school's policies regarding arrests. It is important to note that schools are not beholden to the same legal standards as the criminal justice system. While courts must prove guilt "beyond a reasonable doubt", colleges can use much looser standards, such as “clear and convincing evidence” or the “preponderance of evidence” model.

Some colleges may have a zero-tolerance approach to certain types of crimes, such as drug-related incidents or distribution, and may be more likely to expel students for these offences. Other colleges may be more lenient, especially if the town is dependent on the college, as this may influence local law enforcement to be more relaxed with students.

Additionally, certain details can worsen the likelihood of expulsion. For example, if the student is arrested on campus or has a scholarship, the school is more likely to be involved and may even hand out their own consequences, which could include expulsion. The type of crime committed and the student's overall behaviour and attitude towards their studies may also play a role in the college's decision.

It is worth noting that even if the college doesn't find out about the arrest, it may still affect the student's career plans and future opportunities. Background checks are common, and criminal charges may impact financial aid eligibility and future residency and licensing applications.

Therefore, it is crucial for students facing criminal charges to seek legal representation and guidance from criminal defence attorneys or lawyers to navigate the potential consequences and protect their rights.

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