Protecting Students Facing Underage Drinking Allegations
Underage drinking is common on college campuses, but that does not mean an allegation should be taken lightly. A single incident involving alcohol can result in consequences both on and off campus, potentially affecting a student's disciplinary record, housing, extracurricular activities, scholarships, and continued enrollment.
For students and parents, the process can quickly become confusing. An incident that begins at a party, residence hall, sporting event, or off-campus gathering may lead to contact with law enforcement as well as a separate investigation by the student's college or university.
At the Law Offices of Schwartz & Arminavage, our attorneys represent college and university students facing underage drinking allegations and related disciplinary charges. We help students understand the allegations against them, navigate the school's disciplinary process, and protect their rights and educational interests.
When an incident also results in criminal charges or citations, our experience in both education law and criminal defense allows us to consider how the two proceedings may affect one another and develop a coordinated strategy.
Colleges and universities generally maintain codes of student conduct that regulate alcohol possession and consumption by students under 21. These policies may apply to conduct occurring in residence halls, elsewhere on campus, at university-sponsored events, and, in some circumstances, away from campus.
A student may face disciplinary action for allegations involving:
The specific rules and potential consequences vary significantly among institutions, making it important to review the student's particular code of conduct and the allegations involved.
One of the most important things for students to understand is that a criminal case and a university disciplinary proceeding are generally separate matters.
A student may receive a citation or face criminal charges while also being referred to the school's student conduct office. The outcome of one proceeding does not necessarily determine the outcome of the other.
Often, a school will pursue disciplinary action even if criminal charges are dismissed, reduced, or never filed. Colleges and universities generally apply their own policies, procedures, and evidentiary standards when determining whether a student violated the school's code of conduct.
This can create important strategic considerations. Statements made during a university investigation or disciplinary proceeding may potentially affect other aspects of the student's situation. Students facing both processes should understand the potential consequences before deciding how to respond.
Every institution has its own disciplinary procedures, but an underage drinking allegation may begin with a written notice informing the student that they have allegedly violated the student code of conduct.
The process may include:
Because procedures vary considerably between schools, understanding the applicable student handbook and code of conduct is an important first step.
The consequences of an alcohol-related violation depend on the school, the seriousness of the incident, the student's disciplinary history, and whether other misconduct is alleged.
Potential sanctions may include:
Even sanctions that initially appear minor can have broader consequences, particularly when a student later faces another disciplinary allegation or participates in a program with heightened conduct requirements.
Alcohol-related cases do not always involve only an underage drinking charge.
An incident may also result in allegations involving disorderly conduct, property damage, assault, hazing, fake identification, providing alcohol to minors, or violations of residence hall policies.
Alcohol may also be a significant factor in cases involving alleged sexual misconduct or Title IX. When an incident involves questions of intoxication and consent, the disciplinary process can become substantially more serious and complicated.
When multiple allegations arise from the same event, it is important to evaluate the entire situation rather than treating each charge in isolation.
Students sometimes assume that their university cannot discipline them for something that happened away from campus. That is not always the case.
Many colleges and universities have student conduct policies that permit disciplinary action for certain off-campus behavior, particularly when the conduct allegedly affects the university community, involves another student, or results in criminal allegations.
Whether a school has authority to address a particular off-campus incident depends on its policies and the circumstances involved.
College students may also face disciplinary or criminal consequences for possessing or using false identification to purchase alcohol or enter an establishment where alcohol is served.
A fake ID allegation can create issues beyond the underlying alcohol violation. Depending on the jurisdiction and circumstances, a student may face separate legal consequences as well as additional charges under the school's conduct code.
Because the laws governing false identification vary by state, students should avoid assuming that a fake ID citation is simply a minor campus matter.
A student disciplinary proceeding can move quickly, and students may be asked to make important decisions before they fully understand the potential consequences.
Our attorneys can help students and families:
When both criminal and university proceedings are pending, we can also consider how decisions made in one matter may affect the other.
An underage drinking allegation may seem like a temporary problem, but students should consider the potential impact of a disciplinary finding on their broader educational goals.
Depending on the circumstances, disciplinary consequences can affect housing, athletics, extracurricular activities, scholarships, professional programs, graduate school applications, and continued enrollment.
The seriousness of those consequences varies significantly from case to case. Our goal is to help students understand what is actually at stake and make informed decisions about how to respond.
The Law Offices of Schwartz & Arminavage represents college and university students in disciplinary matters across the country.
Every institution has its own student conduct policies and procedures, and state laws governing alcohol-related offenses also vary. We carefully review the rules applicable to the student's particular school and jurisdiction when developing a strategy.
Whether a student attends a public or private institution, our attorneys can help students and families understand the disciplinary process, prepare for meetings or hearings, and respond strategically to allegations that may threaten the student's education.
If you or your child is facing an underage drinking allegation at a college or university, our attorneys can help you understand the disciplinary process and your options. Contact the Law Offices of Schwartz & Arminavage to discuss your case.
Check Out Our Most Frequently Asked Questions on Underage Drinking & College Student Discipline.
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The foregoing does not constitute legal advice and does not create an attorney-client relationship. All statements are statements of opinion by attorney and don't represent a promise of specific results in your case. Please call to discuss the specifics of your case and review your options.
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