Can an Arizona College Expel You for Off-Campus Criminal Charges?

The Danger of Parallel Proceedings in Arizona

Many students attending Arizona State University (ASU), the University of Arizona (UofA), or Northern Arizona University (NAU) mistakenly believe that what happens off-campus stays off-campus. This is completely false. The Arizona Board of Regents (ABOR) Student Code of Conduct asserts jurisdiction over any off-campus behavior that adversely affects the university community. When a student is arrested by the local police, the university's disciplinary board is often notified within days. This launches two simultaneous, yet entirely separate, battles: a criminal case in a local court, such as the Maricopa County Justice Courts, Phoenix, and an administrative conduct hearing at the university.

The standard of proof in a university hearing is much lower than in a criminal court. A criminal court requires proof 'beyond a reasonable doubt,' but a university only requires a 'preponderance of the evidence' (meaning it is more likely than not that the violation occurred). Consequently, you could have your criminal charges completely dismissed, yet still be expelled by the university. A landmark case establishing constitutional due process protections for students facing disciplinary suspensions and expulsions is Goss v. Lopez, 419 U.S. 565 (US Supreme Court 1975). To navigate these parallel tracks successfully, you need an attorney from our directory to help protect your constitutional rights without sabotaging your academic future.

Offenses That Trigger University Expulsion

While almost any criminal charge can catch the dean's attention, certain off-campus offenses are notorious for triggering immediate, aggressive university disciplinary action in Arizona.

DUIs (Driving Under the Influence)

An off-campus DUI under A.R.S. § 28-1381 is treated severely. Universities view drunk driving as a massive safety risk. Even if this is your first offense and you were miles away from campus in Scottsdale or Tempe, the university can suspend you for violating their alcohol and safety policies. This is especially true if a student is under 21.

Fake IDs and Underage Drinking

Using a fake ID to enter a bar on Mill Avenue or University Boulevard is a crime under A.R.S. § 4-241. While a local prosecutor might offer a diversion program for this misdemeanor, the university's conduct office often treats Fake ID possession as a serious integrity violation, which can lead to suspension or revocation of campus housing.

Drug Possession

Although recreational marijuana is legal in Arizona for adults over 21, universities receive federal funding and must abide by the federal Drug-Free Schools and Communities Act, 20 U.S.C. § 1011i. This means possessing marijuana, cocaine, or unauthorized prescription pills off-campus can violate the student code of conduct. A felony charge for drug possession often triggers an interim suspension, banning the student from attending classes while the criminal case is pending.

Greek Life Off-Campus Incidents

Fraternity and sorority members face intense scrutiny. Off-campus parties that result in noise complaints, underage drinking citations, or hazing allegations frequently result in both individual student discipline and organizational sanctions. Universities hold student leaders responsible for off-campus events, often utilizing joint investigations with the Tempe Police Department, Tempe or the Tucson Police Department, Tucson.

Step-by-Step Process in Arizona

Defending against an off-campus charge while preserving your enrollment requires a highly strategic approach. Here is how a student defense lawyer generally handles the process.

Step 1: Requesting a Delay of the University Hearing

An important initial strategy is to request that the university delay its conduct hearing while criminal charges are pending. Under ABOR Policy 5-308(A)(5), university disciplinary processes are administrative and can proceed before, during, or after criminal cases. If you testify at a campus hearing while criminal charges are active, prosecutors may subpoena those statements. While your attorney can submit a formal continuance request to the Dean of Students office to avoid self-incrimination, universities are not required to pause their proceedings and rarely wait months for criminal court verdicts, frequently imposing an interim suspension while criminal charges remain pending.

Step 2: Gathering Independent Evidence

Universities often rely entirely on the police report. Your lawyer will conduct an independent investigation, requesting body-camera footage, interviewing witnesses, and compiling character reference letters to present a robust defense to the conduct board.

Step 3: The Code of Conduct Hearing

Under A.R.S. § 15-1866(A) and ABOR Policy 5-401(G), if a student faces expulsion or a suspension of more than 30 days, they have a statutory right to the active assistance of counsel during disciplinary hearings. In these serious cases, an attorney can directly represent the student, make statements, examine and cross-examine witnesses, and raise procedural objections. For minor disciplinary matters with lesser penalties, the attorney's role is typically restricted to acting as a passive advisor who may only provide quiet counsel.

Step 4: Submitting an Appeal

If the hearing results in an expulsion or a lengthy suspension, you have a brief window to file a formal appeal. Students must first submit an internal appeal under ABOR Policy 5-403 arguing that the sanction was disproportionate or that procedural due process rights were violated. If internal university remedies are exhausted, the student may seek judicial review by filing an administrative appeal complaint in Superior Court pursuant to A.R.S. § 12-904.

How Much Does it Cost in Arizona?

Fighting a dual-track case involves separate legal strategies for the criminal court and the university process.

How Long Does the Process Take?

The timeline can be highly stressful. A university typically seeks to resolve a conduct hearing within 30 to 60 days of an arrest. Because universities rarely pause hearings until criminal matters are fully resolved, proceedings often move forward unless a short continuance is granted. If the criminal case takes 4 to 9 months, an unresolved delay request often results in an interim suspension that bars the student from campus for the duration of the court case.

Frequently Asked Questions (FAQ)