Can a College Student Be Expelled for Criminal Charges in NJ?

What Parents and Students Need to Know

College should be a time for learning and new experiences. But when a student faces criminal charges, their education and future can be at risk. Schools take legal issues seriously, often launching their own investigations separate from the legal system. Parents and students often feel overwhelmed, unsure of what will happen next, and how to protect the student’s academic standing.

At Aydelotte Law, LLC, we understand how distressing this situation can be. Nancianne Aydelotte, Esq. has built her criminal defense practice on protecting the rights of individuals facing charges, including college students navigating both school disciplinary proceedings and the criminal justice system. With years of experience advocating for students across New Jersey, she knows how to fight back against unfair penalties and protect the futures of young adults who deserve a second chance

Can a Student Be Expelled for Criminal Charges?

Yes, colleges and universities in New Jersey have the authority to expel students for criminal charges, even if the alleged offense happened off campus. Schools enforce strict codes of conduct that apply to student behavior both inside and outside the classroom. A charge does not always result in expulsion, but serious offenses or repeated violations can lead to removal from the school.

Many schools have policies that allow them to act independently of the legal system. A student can be penalized even if their case is still pending or if the charges are later dropped. Schools typically use a lower burden of proof than the courts, meaning they only need to determine whether it is “more likely than not” that a student violated their policies.

How Do Schools Handle Criminal Allegations?

Each college has its own process, but most follow these steps:

• Investigation: The school gathers information, sometimes working with law enforcement. Witnesses may be interviewed, and evidence reviewed.
• Disciplinary Hearing: The student may be required to appear before a panel or administrator to present their case. Unlike a court trial, students may have fewer rights in these proceedings.
• Possible Penalties: Consequences range from a warning to expulsion. Students may also lose scholarships, campus housing, or student leadership roles. Some may be placed on probation or required to complete educational programs.
• Appeal Process: If a student believes the decision was unfair, they may have an opportunity to appeal. Each school sets its own rules and deadlines for appeals.

Which Criminal Charges Can Lead to Expulsion?

Some offenses are more likely to result in disciplinary action. Schools focus on violations that could create safety concerns or harm the school’s reputation:

• DUI/DWI: Driving under the influence is seen as a serious offense, particularly if it involves an accident or injuries.
• Drug Possession or Distribution: Many schools have strict drug-free policies, leading to immediate action for drug-related charges.
• Sexual Assault or Harassment: Title IX requires schools to investigate claims of sexual misconduct, regardless of law enforcement involvement.
• Theft or Property Damage: Vandalism, burglary, or shoplifting – especially on campus – can lead to disciplinary action.
• Assault or Fighting: Physical altercations, even minor ones, can result in penalties.
• Weapons Possession: Schools typically ban firearms and other weapons, and possession of a weapon often results in immediate consequences.

What If the Charges Are Dropped?

Even if the charges are dismissed, the school may still impose penalties. Schools operate under different standards than the court system. The legal concept of “innocent until proven guilty” does not always apply in disciplinary hearings. Even if no conviction occurs, a student may still face academic consequences. This is why having legal representation is so important.

How a Criminal Defense Attorney Can Help

If a student is facing criminal charges, hiring an experienced attorney can make a significant difference. A New Jersey criminal defense lawyer can:

• Challenge the Evidence: If evidence was obtained unlawfully, it may not be used in court or disciplinary hearings.
• Negotiate for Lesser Charges: A plea to a lower offense may help the student avoid harsher penalties.
• Seek Expungement: Some charges may be eligible for expungement, meaning they can be removed from a student’s record.

Steps to Take if Expulsion Is a Possibility

Parents and students should act quickly to protect the student’s future. Taking the right steps early can improve the chances of a favorable outcome:

• Do Not Speak to School Officials Without Legal Advice: Anything said can be used against a student.
• Review the School’s Code of Conduct: Knowing the rules and procedures helps in preparing a defense.
• Gather Evidence and Witnesses: Security footage, text messages, and statements from witnesses can support the case.
• Request a Hearing: Schools may allow a student to present their side before making a final decision.
• Hire a Criminal Defense Attorney: Legal representation can help navigate both the criminal and school disciplinary process.

Long-Term Consequences of Criminal Charges

A conviction can have lasting effects beyond college. Parents and students should be aware of the potential impact:

• Employment Challenges: Many employers conduct background checks, and some convictions may limit job opportunities.
• Loss of Financial Aid: While drug convictions no longer impact federal financial aid eligibility, incarceration in a federal or state facility can still limit access to certain types of aid.
• Housing Difficulties: A criminal record may affect eligibility for student housing or future rental applications.
• Professional Licensing Barriers: Some careers, such as law, medicine, and education, require clean background checks.
• Travel Restrictions: Certain offenses can make it difficult to obtain a passport or travel internationally.

Why Legal Representation Matters

Criminal charges can derail a student’s education and career. Parents and students need an advocate who understands both the legal and academic systems. An experienced defense attorney can:

• Protect the student’s rights in criminal proceedings.
• Help prevent or minimize disciplinary actions.
• Negotiate alternative resolutions to avoid long-term consequences.

Protect Your Child’s Future – Contact Aydelotte Law, LLC

If your child is facing criminal charges that could lead to expulsion, act now. Aydelotte Law, LLC represents students across Camden, Burlington, Gloucester, Cumberland, Salem, Atlantic, and Cape May Counties, including cities like Cherry Hill, Vineland, Atlantic City, Bridgeton, and Cape May Court House. We fight for students’ rights, their education, and their future. Whether your child attends Rutgers University-Camden, Rowan University, Stockton University, or another New Jersey college, we understand the unique challenges students face when dealing with both criminal charges and school discipline.

Your child’s future is too important to leave to chance. Call 856-386-4892 today or fill out our contact form to schedule a consultation. Protect their education, their rights, and their future.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique, and the outcome of legal or disciplinary proceedings will depend on the specific circumstances. If your child is facing criminal charges or school disciplinary action, consult with an experienced attorney to discuss your options. Contact Aydelotte Law, LLC for a confidential consultation.