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fraternity, sorority or rival school) and
accepted rights of passage as criminal
hazing. For its part, Massachusetts
for example, defines hazing as, "any
conduct or method of initiation into any
student organization, whether on public
or private property, which willfully or
recklessly endangers the physical or
mental health of any student or other
person," and specifically eliminates
consent as a defense.
Social Networking
and Defamation
Cyber-bullying is receiving more
attention from law enforcement officials
than ever before. Schools, too, have been
quick in many instances to sanction
students even for entirely online
conduct. While schools have the right to
monitor a student's online activity and
act accordingly, it's also important to
remember that everything put online is
out there forever, and students certainly
don't want to be answering questions
about abusive or irresponsible social
media use at future job interviews.
Gambling
Despite their wide acceptance, remember
that poker games, sports pools, friendly
wagers, and any other game of chance
with money on the line is illegal in most
states. Such activities open students up
to the possibility of legal consequences,
and perhaps more likely, university
sanctions.
Cheating/Plagiarism
Every student has been warned about
the dangers of cheating and of plagiarism
and yet it continues apace. Today, in
addition to everything students have ever
been told, it's especially important to be
aware of the dangers of internet plagia-
rism (purchasing papers from internet
databases or individual paper writers)
which can have legal consequences for
both the student and the paper source
and which will certainly have academic
consequences for the student.
Date Rape
Date rape is a serious issue that has been
reported with more frequency in recent
years. The term can include forced
sexual intercourse with an individual,
intercourse with an individual who is too
intoxicated to consent, or purposefully
drugging someone for the purpose of
getting them to submit to intercourse.
For students that have been victims of
date rape, it's important to remember
that resources exist both on their campus
and in their community, and they should
immediately report the crime to law
enforcement. If a student has been
accused of date rape, it's important to
immediately seek legal counsel.
Copyright Infringement
Ever since Napster, file-sharing has been
unquestionably illegal and punishable
both civilly and criminally. Today,
BitTorrent remains a ready source of
pirated content, the Motion Picture
Association of America and individual
movie studios continue to file actions
against college students, and civil
penalties for downloading even a single
file can range well over $100,000. Not
only should students avoid any illegal
downloading, they need to password
protect their wireless router to make sure
that no one else is using their connection
for it either.
Landlord/Tenant Issues
There's nothing more exciting for a
student than his or her first apartment,
and there's nothing more frustrating
than issues with that apartment. One
issue that students face frequently is the
mishandling of a security deposit, the
deposit paid up-front to ensure that if the
tenant causes damage to the apartment,
the landlord has the money to fix it. In
many states, there are very strict rules for
how a landlord must handle that deposit
and landlords very rarely follow them.
When landlords don't follow the law, they
may lose their right to hold the deposit
or withhold for damages. If they don't
return the full deposit, they could be on
the hook for substantial liability and will
have to pay the tenants' attorney's fees.
Harassment and
Discrimination
Colleges and universities are supposed
to be academic havens for young people,
but unfortunately both sexual harassment
and discrimination by university officials
still takes place. Both may give rise to
administrative and civil claims, are dealt
with in the student handbook, and run
afoul of State law. In Massachusetts,
a public institution cannot treat one
individual differently based upon their
race, color, religion, national origin,
ancestry, sex, age, disability, sexual
orientation, marital status or status as
a recipient of public assistance. If your
student has been sexually harassed or
discriminated against, report it to law
enforcement, administration, and your
state agency overseeing discrimination
claims as soon as possible.
What If Your Student Gets
in Trouble?
There are three important rules students
need to keep in mind if they get in
trouble: be respectful, don't go it alone,
and deal with it sooner rather than later.
Being respectful, asking for help (from
an attorney if necessary), and being
proactive will ensure that a bad situation
is not made worse. Students and parents
are well advised to consult an attorney
(often a local one) immediately if there
could be consequences to a student's
actions.
Legal Emancipation
Last but not least, it's important to
remember that as of the time your child
turns 18, they are legally an adult. Since
you're no longer their legal guardian
you can no longer access their health
information or make legal, medical, or
financial decisions for them if they're
incapable. So like any responsible adult,
it's time for them to go see an attorney
to discuss getting a healthcare proxy,
HIPAA authorization, and a durable
power of attorney.