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Your Rights in Social Media Conduct Cases: Tips for College Students Facing Suspension or Expulsion

by | Nov 2, 2024

 

For college students, social media is essential. But what happens when a post on Instagram, TikTok, or X (formerly Twitter) results in a call to the dean’s office? Colleges and universities are increasingly monitoring student social media conduct, and many students are now facing disciplinary hearings for what they post online. For some, this could lead to suspension, expulsion, or a permanent mark on their academic record. If you’re in this position, it’s critical to understand your rights and how to protect them.

Richard Asselta focuses on defending college students in disciplinary hearings and protecting student rights. In this guide, we’ll explain your rights in social media conduct cases, steps you can take if you’re facing suspension or expulsion, and how to protect your future.

Can Colleges Monitor Your Social Media?

Yes, colleges can monitor student social media accounts, especially if your profile is public. Many schools have integrated social media policies into their student conduct codes, allowing them to act on any posts that violate campus guidelines or “disrupts the educational environment.” 

Some common reasons for disciplinary action over social media include:

  • Cyberbullying or online harassment
  • Threats of violence or illegal activity
  • Defamation or derogatory posts about faculty, staff, or other students
  • Illegal activities like underage drinking, drug use, or hazing

The key to protecting yourself? Understand your school’s social media policies. Knowing what’s allowed and what isn’t can help prevent unnecessary trouble.

Do College Students Have Free Speech Rights on Social Media?

Your rights to free speech depend largely on whether you attend a public or private college. 

Let’s break it down:

Public University Students

Students at public colleges have First Amendment protections under federal law. Generally, public universities can’t discipline students for lawful social media content unless it’s considered a disruption to the school environment, a threat to campus safety, or illegal.

Private University Students

Private institutions, on the other hand, are not bound by the First Amendment in the same way. They have the freedom to implement stricter social media conduct codes, though they are required to follow their own policies. If a private college’s actions don’t align with its stated rules, you may have grounds to appeal the decision or file a complaint.

Tip: Always read your college’s code of conduct to know what behaviors are prohibited.

What to Do If You’re Facing a College Disciplinary Hearing Over Social Media Conduct

If your college is holding a disciplinary hearing for a social media post, here’s how to protect yourself:

  1. Understand the Allegations  

Carefully review the charges and identify the specific policies the college claims you violated. Some institutions have vague or overly broad social media policies, so be clear on exactly what the school considers a violation.

  1. Gather Evidence  

Save screenshots of the posts in question, any comments, and other relevant content. If the post was misinterpreted, provide evidence of context to support your case. 

  1. Consult a defense attorney for college students 

Facing suspension, expulsion, or other disciplinary actions over social media can seriously impact your academic and professional future. Working with a student defense attorney can help you understand your rights, build a strong defense, and potentially protect your record. Asselta Law specializes in representing college students in these complex cases.

  1. Prepare for the Hearing

Many colleges provide an opportunity to present your side at a disciplinary hearing. An experienced college disciplinary hearing lawyer can help you prepare by organizing your evidence, preparing your defense arguments, and if your school allows it, attending the disciplinary hearing with the student. 

Common Consequences for College Students Facing Disciplinary Action for Social Media

After a disciplinary hearing, outcomes can range from warnings to more severe consequences, depending on the nature of the post, the school’s policies, and whether this is a repeat offense. Possible outcomes include:

Verbal or Written Warning: A minor infraction may result in a warning, often advising students to avoid similar actions in the future.

Probation: Disciplinary probation might restrict certain campus privileges or involve a formal review period where further violations could result in suspension or expulsion.

Suspension from College: A suspension can bar you from classes and activities for a set period, potentially delaying your education.

Expulsion from College: Expulsion is the most severe outcome, resulting in a permanent separation from the college. This can impact your future college applications, employment opportunities, and overall academic record.

If you disagree with the outcome, you may have the right to appeal the decision. Working with an experienced student disciplinary advisor can help you identify grounds for appeal and prepare a strong case.

Protecting Your Future: What Every College Student Should Know About Social Media Conduct Cases

Here’s what you need to remember to protect yourself if your college questions your social media activity:

  • Know Your Rights as a Student: Public university students generally have stronger free speech protections than those at private colleges.
  • Seek Advice: A student disciplinary advisor can help you protect your rights in college disciplinary hearings.
  • Document Everything: Keep records of social media posts in question and any interactions with university staff.

Contact Asselta Law for Help with College Disciplinary Cases

If you’re a college student facing disciplinary action over social media conduct, don’t face it alone. At Asselta Law, we have extensive experience defending students in disciplinary hearings and helping protect their academic futures. Contact Richard to schedule a consultation and learn more about how he can help. Call or email [email protected] or (855) 338-5299

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