South Carolina is home to a large and diverse higher education landscape, with more than 60 colleges and universities across the state. From major research institutions like the University of South Carolina and Clemson University to military colleges, technical schools, private universities, and historically Black colleges and universities, thousands of students live, learn, and socialize on campuses every day.
With that activity comes the reality that disputes, allegations of misconduct, and even serious incidents can occur. When something happens on or near campus, students and families are often surprised to learn that two entirely different systems may become involved: a school’s internal disciplinary process and the criminal justice system. Understanding the difference between campus misconduct proceedings and criminal charges is essential because each system has its own rules, goals, and potential consequences.
What is Campus Misconduct in South Carolina?
Campus misconduct refers to alleged violations of a college or university’s code of conduct. These rules are created and enforced by the school, not by the state of South Carolina.
Most institutions maintain detailed policies covering student behavior, including:
- Academic dishonesty.
- Alcohol or drug violations.
- Harassment or bullying.
- Sexual misconduct or dating violence.
- Disorderly conduct or disruptive behavior.
When a student is accused of violating school policy, the case is typically handled through an administrative process run by the institution. This process may involve an investigation, interviews, a hearing, and a determination by school officials or a disciplinary panel.
The purpose of campus discipline is to determine whether a student violated school rules and, if so, what educational or administrative consequences are appropriate. It is not designed to determine guilt or innocence under criminal law.
Potential Consequences of Campus Misconduct Findings
While campus proceedings are not criminal, the consequences can still be serious and life-altering.
Depending on the allegation and the school’s policies, penalties may include:
- Written warnings or probation.
- Mandatory counseling or education programs.
- Loss of housing or campus privileges.
- Suspension or expulsion
- Notations on academic transcripts.
These outcomes can affect a student’s ability to continue their education, transfer schools, obtain internships, or pursue certain careers. Even without criminal charges, campus discipline can create long-term personal and professional obstacles.
What Are Criminal Charges?
Criminal charges arise when law enforcement believes a person has violated a South Carolina criminal statute. These cases are investigated by police or campus law enforcement and prosecuted by the county solicitor’s office or local law enforcement agency.
Common criminal charges connected to campus incidents may include:
- Assault or battery.
- Sexual assault or criminal sexual conduct.
- Drug possession or distribution.
- Underage drinking or DUI.
- Theft or property damage.
Unlike campus misconduct cases, criminal prosecutions occur in state court and can lead to fines, probation, jail or prison sentences, and permanent criminal records.
The primary goal of the criminal system is punishment and public safety, not education or institutional policy enforcement.
Key Differences Between Campus Proceedings and Criminal Cases
Although campus cases and criminal cases sometimes involve the same underlying incident, they operate very differently.
- Standard of Proof
Campus hearings typically use a lower standard of proof, such as “preponderance of the evidence,” meaning more likely than not. Criminal cases require proof beyond a reasonable doubt. The standard can vary by institution and by the type of allegation (including federal Title IX rules for sex-based matters), so students should check the specific policy that applies to their case.
- Rules of Evidence
Strict courtroom evidence rules do not typically apply in campus hearings. Schools often allow hearsay or informal statements that would not be permitted in criminal court.
- Rights and Protections
In criminal cases, constitutional protections apply (including the right to remain silent and the right to counsel in the criminal process). In campus proceedings, the right to an attorney or legal advisor is often governed primarily by school policy, and many schools restrict an attorney’s role solely to advising rather than speaking on behalf of the student.
- Outcomes
Campus cases result in school discipline, suspension, and expulsion from the school. Criminal cases can result in incarceration, fines, and a permanent record.
Can Both Processes Happen at the Same Time?
Yes. A student may face both campus disciplinary action and criminal charges for the same incident. One process does not replace the other.
A university does not need to wait for a criminal case to conclude before proceeding with discipline. Likewise, a campus finding does not determine criminal guilt or innocence.
This overlap creates significant risk. Statements made during a campus investigation can potentially be used later in a criminal case, even if the student believed they were only dealing with school officials.
Why Early Legal Guidance Matters
When a student is accused of serious misconduct, the situation should be treated with urgency. Early legal guidance can help protect rights, manage communication, and avoid mistakes that may worsen the situation.
Our attorneys can:
- Advise whether and how to participate in campus interviews.
- Help prepare for disciplinary hearings.
- Coordinate defense strategies if criminal charges are possible or pending.
- Protect against self-incrimination.
Because campus and criminal systems operate independently, decisions made in one arena can have consequences in the other.
Protecting Your Future After a South Carolina Campus-Related Incident
Allegations involving campus misconduct or criminal activity can be overwhelming for students and their families. Understanding the distinction between school discipline and criminal prosecution is the first step toward protecting your future.
If you or your child is facing allegations connected to a South Carolina college or university, speaking with an experienced attorney early can make a critical difference. The stakes are high, and having informed guidance can help ensure that rights are preserved and options remain open. Contact our skilled criminal defense attorneys at David W. Martin Law Group at (803) 710-4572 to learn more about your legal rights and options today.
