College students in Nebraska accused of serious misconduct, whether under Title IX, university policies, or criminal law, can face devastating consequences that affect both their education and future. These matters go well beyond campus discipline: they often involve simultaneous investigations by law enforcement and university officials, with potential outcomes that include criminal convictions, permanent disciplinary records, and expulsion.
Students at institutions such as the University of Nebraska, Bellevue University, Creighton University, and others must understand that once an allegation is made, the process is rarely neutral. Statements can be misinterpreted, timelines move quickly, and the burden of handlingthese issues falls squarely on the student. These are not situations to face alone.
Nebraska College Student Defense Lawyer
Because of the serious nature of these accusations and the high stakes involved, any student under investigation, or already facing charges, should consult with a criminal defense attorney immediately. At Liberty Law Group, we act with urgency, discretion, and a deep understanding of how criminal proceedings and university processes intersect. Below, our Nebraska college student defense lawyers explain what students and their families need to know when these allegations arise.
Overview of College Student Defense in Nebraska
- Title IX Offenses in Nebraska Colleges
- The Disciplinary Hearing Process at Nebraska Colleges
- Expulsion for Criminal Charges at Nebraska Colleges
- Criminal Offenses That Lead to Student Arrests in Nebraska
- Broader Impacts of Criminal Charges on College Students
- Why a Criminal Defense Lawyer Matters for College Students
- Colleges in Nebraska Where Student Offenses Commonly Occur
- Frequently Asked Questions
- Resources
Title IX Offenses in Nebraska Colleges
Title IX is a federal law under the Education Amendments of 1972 that bans sex-based discrimination in any college or university receiving federal funds. Nearly all Nebraska colleges, including the University of Nebraska–Lincoln (UNL), University of Nebraska at Omaha (UNO), and Creighton University, must follow it. The law now includes sexual harassment and sexual violence as types of sex-based discrimination, and schools are legally required to investigate complaints under Title IX rules, whether or not a criminal case is filed.
There are three major types of misconduct under Title IX. The first is “quid pro quo” harassment, where an employee demands sexual conduct in exchange for educational benefits. The second covers unwelcome sexual behavior that is so serious and repeated that it keeps someone from participating in school equally. The third includes crimes like sexual assault, dating violence, domestic violence, and stalking. These definitions come from federal laws like the Clery Act and the Violence Against Women Act (VAWA).
Even when the behavior happens off campus, such as in fraternity or sorority houses, it may still fall under Title IX if it affects the school environment. Colleges are required to act on complaints and follow set procedures, even while criminal charges may be pending at the same time.
Key Differences Between Title IX Hearings and Criminal Court
Title IX hearings are not criminal trials. However, they still follow many rules designed to protect the rights of both the accuser and the accused. When a formal complaint is made, the school must presume the student is innocent, allow both sides to bring advisors (including lawyers), give access to all evidence, and offer a live hearing where each party can respond.
Unlike criminal court, the standard of proof is often just “preponderance of the evidence.” This means the decision is based on whether something is more likely true than not. Schools can legally use this lower standard as long as they apply it the same way for all cases. Students may still be punished, even expelled, even if they are never convicted in court.
These investigations are also supposed to be neutral, and retaliation against either party is prohibited. Still, because these rules are different from criminal law, students may unknowingly say or do something in the school process that harms their position in a criminal case. Students should get help from a Title IX defense attorney at the earliest stage.
The Disciplinary Hearing Process at Nebraska Colleges
When a Nebraska college student is accused of serious misconduct, especially if the behavior disrupts the school or threatens others, the school may begin a disciplinary process. This process may run under both school policies and state laws, including Nebraska Revised Statute § 85-601. This law applies to public colleges like UNL, UNO, and the state’s community colleges.
Under § 85-601, a student can be expelled for using or promoting force, threats, or interfering with school operations. The law covers not just direct actions, but also helping or encouraging others to do so. Disciplinary hearings are different from criminal trials, but they can still result in permanent expulsion.
Nebraska Revised Statute § 85-602 gives students several legal rights. Before expulsion, the school must give the student a formal list of charges and at least 20 days’ notice before a hearing. The student can be present, bring a lawyer, testify, and present witnesses.
Misconduct That Triggers Hearings Under Nebraska Law
While many student conduct cases involve school-specific rules, like alcohol violations or cheating, cases under § 85-601 usually involve more serious acts. These include trying to block professors from teaching, disrupting official events, or encouraging protests that interfere with school operations. Though rare, these cases carry severe penalties. Even cases that fall short of these standards can still result in hearings under the school’s internal rules.
Schools like the University of Nebraska–Lincoln, University of Nebraska at Omaha, Metro Community College, and Southeast Community College are legally required to use the procedures under § 85-602 when disciplining students for this kind of conduct.
Once a student gets a notice, they must act quickly. The 20-day notice is a short window to prepare a defense, gather witnesses, and decide on legal representation. Missing deadlines can have serious consequences.
Expulsion for Criminal Charges at Nebraska Colleges
At public colleges, Nebraska law (§ 85-601) lets schools expel students for disruptive or violent behavior, even if the student has not been convicted of a crime. If a student threatens others, takes part in a protest that turns violent, or helps others interfere with school operations, the school can take action.
Before expelling a student, § 85-602 requires the school to hold a hearing and give formal written notice. The student has at least 20 days to respond, can bring a lawyer, and must receive a decision within 30 days under § 85-603.
Private colleges such as Creighton University are not required to follow Nebraska’s expulsion laws. They use their own internal procedures. These vary by school and often offer fewer protections. A private college may still allow a hearing and appeal, but those rights are not guaranteed by law.
Public and private colleges both use the “preponderance of the evidence” standard. So even if a criminal case is dropped or not filed, the school can still discipline or expel the student. The standard is much lower than in court.
Because school punishment can come before or during a criminal case, students should talk to a lawyer as soon as they learn of any charges. A college student defense attorney can help avoid statements or actions that might lead to expulsion or prosecution. The stakes go beyond just school, discipline can affect a student’s immigration status, job prospects, or plans for graduate school.
Criminal Offenses That Lead to Student Arrests in Nebraska
College students in Nebraska often face criminal charges for offenses that go beyond school rules. These include underage drinking, drug charges, underage DUIs, theft, assault, and online harassment. Many of these charges fall under Nebraska’s criminal code and carry both legal and school consequences.
Underage drinking is one of the most common offenses. Under Nebraska Revised Statute § 53-180.02, it is illegal for anyone under 21 to possess alcohol. Having a fake ID can lead to fraud or forgery charges, which may be misdemeanors or felonies, depending on the case. Even being at a party with alcohol can trigger a student conduct case.
Marijuana and drug possession are also serious issues. Under Nebraska Revised Statute § 28-416, even a first offense for small amounts of marijuana can lead to fines or court-ordered classes. Possession of prescription drugs like Adderall without a valid prescription can result in felony charges. Having drug paraphernalia can also lead to penalties. Any drug conviction may affect federal student aid under 20 U.S.C. § 1091.
Driving under the influence (DUI) is governed by Nebraska Revised Statute § 60-6,196. First-time DUIs can lead to jail, fines, and loss of a driver’s license. Even students who are not driving can be arrested for public drunkenness or disturbing the peace, especially near campuses or in student housing.
Theft is another common charge. Shoplifting or stealing from dorm rooms may be charged under Nebraska Revised Statute § 28-511. Whether the charge is a misdemeanor or felony depends on the value of what was taken. Even small theft charges can affect a student’s record and future.
Fights and physical confrontations can result in assault charges under §§ 28-308 to 28-310. A minor fight may be third-degree assault, even without serious injury. If weapons or alcohol are involved, the penalties may be much worse.
Online harassment is a growing issue. Messages sent over text or social media can lead to stalking charges under Nebraska Revised Statute § 28-311.03. If the behavior causes fear or is repeated, students may face both criminal and school discipline. The impact depends on how the messages are interpreted by the school and police.
Broader Impacts of Criminal Charges on College Students
Many students are surprised to learn how far-reaching a criminal or school charge can be. Arrests can appear on background checks—even if the case is dismissed. Students may lose scholarships, be kicked out of housing, or be banned from studying abroad. International students may face immigration issues or visa loss. Some jobs or graduate programs require applicants to report any arrests or school discipline. A criminal record can close doors for years.
Why a Criminal Defense Lawyer Matters for College Students
Once a student is under investigation, speaking to anyone, school staff, campus police, or investigators, without a lawyer can be risky. A skilled defense attorney can explain the student’s rights and help avoid self-incrimination. Quick legal advice can prevent serious mistakes.
If criminal charges are filed, an attorney can go to court, challenge evidence, and fight for dismissal or reduced charges. They can raise legal defenses, like illegal searches or unfair arrests. Whether it’s a minor charge or a felony, an experienced lawyer knows how to protect the student.
Legal help is just as important during school hearings. Title IX and student discipline cases often don’t allow cross-examination or other courtroom rights. A lawyer who understands school policies can help write statements, prepare for the hearing, and sometimes attend with the student. This guidance can prevent suspension or expulsion.
Lawyers also help protect a student’s long-term future. They can try to get charges sealed under Nebraska Revised Statute § 29-3523, negotiate with schools for lesser penalties, or fight overly harsh outcomes.
Colleges in Nebraska Where Student Offenses Commonly Occur
Public universities in the University of Nebraska system include:
- University of Nebraska–Lincoln (UNL)
- University of Nebraska at Omaha (UNO)
- University of Nebraska at Kearney (UNK)
- University of Nebraska Medical Center (UNMC)
UNL and UNO have large student populations and are located in major cities, where student behavior often overlaps with local police enforcement. These campuses host frequent events and gatherings where student-related offenses may occur, especially in housing areas, athletic events, or nearby bars and parties.
Private colleges in Nebraska also see a range of student conduct issues. These include:
- Creighton University in Omaha
- Nebraska Wesleyan University in Lincoln
- Doane University in Crete and Lincoln
- Midland University in Fremont
- Bellevue University in Bellevue
- Concordia University in Seward
- Union College in Lincoln
- College of Saint Mary in Omaha
- Clarkson College in Omaha
In addition, Nebraska’s community colleges, such as Metropolitan Community College, Southeast Community College, and Central Community College, serve large numbers of students and often operate near major city centers. These students may also face legal or disciplinary issues connected to campus activity or off-campus conduct.
Frequently Asked Questions
What is considered a Title IX offense at Nebraska colleges?
Title IX offenses include sexual harassment, assault, dating violence, stalking, and quid pro quo behavior. These apply to federally funded schools who must investigate even if criminal charges are also filed for the same conduct.
Can students face both Title IX and criminal investigations at once?
Yes. Title IX proceedings and criminal investigations often run in parallel. Statements made in school hearings may be shared with law enforcement, so students must be cautious when responding without legal guidance in either process.
How are Title IX hearings different from criminal court?
Title IX hearings have fewer legal protections and use a lower “preponderance of the evidence” standard. Students have some due process rights, but these hearings are conducted by school officials and don’t require proof beyond a reasonable doubt.
What protections do Nebraska public college students have in expulsion hearings?
Under state law (§ 85-602), public college students must receive written charges, 20 days’ notice, and a hearing with the right to present evidence and legal counsel. These protections do not automatically apply at private schools.
Can a student be expelled without being convicted of a crime?
Yes. Schools can expel students based on disruptive or threatening conduct, even if there is no criminal conviction. The standard of proof is often much lower, especially in administrative hearings or Title IX processes.
Do private colleges in Nebraska follow the same disciplinary rules as public ones?
No. Private institutions are not bound by Nebraska’s statutory expulsion procedures. They use internal codes of conduct, which vary by school and often provide fewer guaranteed rights for students.
What conduct typically leads to college disciplinary hearings under Nebraska law?
Serious misconduct like using or promoting threats, force, or disruption of school operations may lead to hearings under Nebraska Revised Statute § 85-601. Less severe conduct may still trigger hearings under internal college policies.
What types of criminal charges do college students most often face in Nebraska?
Common charges include underage drinking, possession of marijuana, DUI, theft, assault, and harassment. Even first-time offenses can carry criminal, academic, and immigration consequences depending on the severity and context of the conduct.
Can school disciplinary actions affect visas, scholarships, or career plans?
Yes. School findings may disqualify students from scholarships, internships, or federal aid. International students risk visa problems, and some professional programs or licenses require disclosure of any academic or criminal discipline.
Why is it risky for students to speak without a lawyer during investigations?
Anything said to campus investigators or school officials may be shared with police or prosecutors. Legal advice from a criminal defense lawyer ensures students avoid self-incrimination and understand how school policies and criminal law intersect during disciplinary or Title IX cases.
Resources
U.S. Department of Education – Title IX and Sex Discrimination – This source provides a basic overview of Title IX, which prohibits sex-based discrimination in education programs and activities receiving federal funds. It outlines examples of discrimination, such as sexual harassment, unequal athletic opportunities, and pregnancy discrimination.
University Of Nebraska Student Code Of Conduct – This source outlines the University of Nebraska’s official expectations for student behavior, both academic and non-academic. It includes definitions of misconduct, disciplinary procedures, interim measures, and potential consequences such as probation or expulsion.
Nebraska Revised Statute 85-601 – This statute explains that students or employees at the University of Nebraska or community colleges can be expelled or dismissed if they interfere with institutional operations through force, threats, or illegal actions that disrupt normal activities.
Hire a College Student Defense Lawyer Nebraska | Liberty Law Group
Facing charges as a College student can be difficult to wrangle properly. Our expert defenders at Liberty Law Group are ready to protect your rights and privacy as our client, and to use our expertise to provide the strongest criminal defense in Nebraska.
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pottawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for a crime as a college student, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
