Student Disciplinary Records and Future Employment

Cristina Pietri • June 5, 2023

Introduction

Your main goal as a college student is to obtain a degree (or degrees) to prepare you to enter the job market as a professional, either because a degree is required, or because you want to stand out as a more attractive candidate for future employment. In today's competitive job market, employers often conduct thorough background checks on potential candidates to ensure they are making informed hiring decisions. One area that has gained increased attention in recent years is college student disciplinary records. As a student and as an aspiring professional, it's crucial to understand the implications of these records and how they may affect your career prospects. 


In this blog post, we will discuss the topic, exploring the significance of university disciplinary records, the disciplinary procedures conducted by the universities, the information employers can access, and steps you can take to mitigate any negative impact.


The Importance of Background Checks

Background checks have become an essential part of the hiring process for many employers. They are conducted to verify the accuracy of the information provided by candidates and to assess their suitability for a particular role. Employers aim to protect their organizations and ensure they are hiring individuals who align with their values, exhibit ethical conduct, and possess the necessary licenses and qualifications. Background checks are also conducted to find out if the candidate possesses traits that align with the company’s mission and values.


Employer Access to Disciplinary Records

Whether or not employers can access your college disciplinary records depends on various factors. Educational Institutions are bound by privacy laws, such as the Family Educational Rights and Privacy Act (FERPA), which restricts the disclosure of student records without their explicit consent.


However, there are exceptions when it comes to sharing information related to safety or in response to a legitimate inquiry by an employer. Generally, though, the employer would ask for your permission to request the record, or they will ask you to provide it to them. Of course, you can always deny the future employer access to your disciplinary records. However, often, doing so will raise suspicion from the employer, resulting in not taking your candidacy for any further consideration. Another factor to note is if the position is to work either in state or federal government, which sometimes require some sort of Clearance, and are much more invasive disclosure requirements. Many times, whether is in the application, or any form prior to the selection process, they require you to disclose information under penalty of perjury. 


Importance of understanding Disciplinary Procedures

College disciplinary records typically involve violations of academic or behavioral conduct codes within educational institutions. Examples of offenses may include plagiarism, cheating on exams, substance abuse, physical altercations, or harassment. When such incidents occur, colleges often maintain records as a means of tracking students' disciplinary history and promoting campus safety.


There is a close correlation between understanding the Student Conduct Code from the school, --which tends to state the regulations of the student conduct disciplinary process- and the student disciplinary record. This is, you can’t have a student disciplinary record without having gone through the disciplinary process outlined in the school policy or Student Code of Conduct. How you prepare for the disciplinary process may be a key component of a favorable outcome, and thus the possibility of not having a disciplinary record. 


In some universities, students who are accused of a Student Conduct violation are notified of the violation by writing. In some cases, students are offered to not contest the charges in exchange for a lenient sanction, such as repeating a course, writing articles reflecting about the alleged violation, completion of a program, or probation. However, many times, the student is not aware of the school’s policy regarding the sanctions and the disciplinary record and thus agree to the lesser sanction either because of their lack of knowledge, or the intimidation of the school’s disciplinary process. Understandably, the student finds themselves nervous when faced with the formality of a disciplinary hearing, so they end up accepting the charges, not knowing that it will result in having a disciplinary record for as long as the university policy allows, usually for years to come, depending on the severity of the violation. 


Some universities policy allows a student advisor to appear in a disciplinary hearing.  However, if you are being accused of academic misconduct, is important to have a professional to guide you as early in the process as possible, preferably in the investigation stage. The student advisor can be an attorney, an education professional, a parent, or even a friend. In my experience, when the student advisor is an attorney, universities often take the process –and the student’s rights more seriously. That student advisor would have read and understood thoroughly the Student Handbook, Code of Conduct and/or school’s policies and will guide you to be more prepared to fight the charges against you. Even if every venue in the school level is exhausted and the outcome is not favorable for the student, the student advisor may request a meeting directly with the Office of General Counsel (which are the university’s attorneys) to negotiate a better outcome in the student's behalf. Depending on the university and the severity of the sanction, the expungement of disciplinary records is an alternative that could be discussed with the General Counsel.


Mitigating the Impact of Disciplinary Records

However, if you already have a disciplinary record, it's important to take proactive steps to address any concerns that potential employers may have:


  • Reflection and Growth: Reflect on the incident that led to the disciplinary action and consider the lessons learned from the experience. Demonstrating personal growth and the ability to learn from mistakes can help employers see you in a more positive light.
  • Honesty and Transparency: If a prospective employer asks about your disciplinary history, be honest about the incident and show remorse, highlighting how it shaped your personal and professional development. Integrity and transparency can go a long way in building trust with potential employers.
  • Recommendations and References: Secure strong letters of recommendation from professors, mentors, or employers who can vouch for your character, work ethic, and potential. Positive references can help counterbalance any concerns arising from your disciplinary record.
  • Professional Development and Certifications: Engage in continuous learning and professional development activities to demonstrate your commitment to self-improvement and staying current in your field. Obtain certifications or participate in relevant workshops to enhance your skill set and showcase your dedication.


Conclusion

While college disciplinary records may raise concerns for some employers during background checks, it's important to remember that everyone makes mistakes. What truly matters is how you have grown and developed as an individual since that incident. By adopting a proactive approach as early and prepared as possible, demonstrating honesty and personal growth, and showcasing your qualifications and positive attributes, you can mitigate the potential impact of a disciplinary record and position yourself as a strong candidate in the job market. Remember, your past does not define your future, and employers value individuals who show resilience, responsibility, and a commitment to personal and professional growth.

More News & Resources

January 17, 2026
WASHINGTON (AP) — Before President Donald Trump’s administration started dismantling the Education Department, the agency served as a powerful enforcer in cases of sexual violence at schools and universities. It brought the weight of the government against schools that mishandled sexual assault complaints involving students. That work is quickly fading away. The department’s Office for Civil Rights was gutted in Trump’s mass layoffs last year, leaving half as many lawyers to investigate complaints of discrimination based on race, sex or disability in schools. Those who remain face a backlog of more than 25,000 cases. Investigations have dwindled. Before the layoffs last March, the office opened dozens of sexual violence investigations a year. Since then, it’s opened fewer than 10 nationwide, according to internal data obtained by The Associated Press. Yet Trump’s Republican administration has doubled down on sexual discrimination cases of another kind. Trump officials have used Title IX, a 1972 gender equality law, against schools that make accommodations for transgender students and athletes. The Office for Civil Rights has opened nearly 50 such investigations since Trump took office a year ago. Even before the layoffs, critics said the office was understaffed and moved too slowly. Now, many firms that handle Title IX cases have stopped filing complaints, calling it a dead end. “It almost feels like you’re up against the void,” said Katie McKay, a lawyer at the New York firm C.A. Goldberg. “It feels like a big question mark right now,” she said. “How are we supposed to hold a school accountable once it has messed up?” An Education Department spokesperson said the office is working through its caseload, blaming President Joe Biden’s Democratic administration for leaving a backlog and rewriting Title IX rules to protect LGBTQ+ students. Trump officials rolled back those rules. “The Trump Administration has restored commonsense safeguards against sexual violence by returning sex-based separation in intimate facilities,” spokesperson Julie Hartman said. “OCR is and will continue to safeguard the dignity and safety of our nation’s students.” Students have few other places to turn The layoffs have slowed work at the Office for Civil Rights across the board, but it has an outsize impact on cases of sexual violence. Students who are mistreated by their schools — including victims and accused students alike — have few other venues to pursue justice. Many are now left with two options: File a lawsuit or walk away. One woman said she’s losing hope for a complaint she filed in 2024. She alleges her graduate school failed to follow its own policies when it suspended but didn’t expel another student found by the school to have sexually assaulted her. No one has contacted her about the complaint since 2024. The woman recently sued her school as a last resort. She said it feels like a David and Goliath mismatch. “They have all the power, because there is no large organization holding them accountable. It’s just me, just this one individual who’s filing this simple suit,” the woman said. The AP does not typically identify people who say they are victims of sexual assault unless they grant permission. The civil rights office is supposed to provide a free alternative to litigation. Anyone can file a complaint, which can trigger an investigation and sanctions for schools that violate federal law. In 2024, the agency received more than 1,000 complaints involving sexual violence or sexual harassment, according to an annual report. It’s unclear how many complaints have been filed more recently. Trump’s administration has not reported newer figures. In conversations with the AP, some staffers said cases are piling up so quickly they can’t track how many involve sexual violence. In December, the department acknowledged the civil rights backlog and announced dozens of downsized workers would be brought back to the office amid a legal challenge to their layoffs. The workers’ return offers some hope to those with pending civil rights complaints. Department officials have vowed to keep pushing for the layoffs. Historically, the feds have held schools and colleges accountable Before Trump was elected to his second term, the office had more than 300 pending investigations involving sexual assault, according to a public database. Most of those cases are believed to be sitting idle as investigators prioritize easier complaints, according to staffers who spoke on the condition of anonymity for fear of retribution. The details of past cases underscore the urgency of the work. In 2024, the office took action against a Pennsylvania school system after a girl with a disability told staff she had been sexually touched by a bus driver. She was put back on that driver’s bus later that afternoon, plus the next two days. The district was required to designate a Title IX coordinator for its schools, review previous complaints and consider compensation for the girl’s family. That year, the office demanded changes at a Montana school where a boy was pinned down by other students and assaulted after a wrestling practice. The students had been suspended for three days after school officials treated it as a case of hazing instead of sexual assault. In another case, the office sided with a University of Notre Dame student who had been expelled over accusations of sexual misconduct. The student said the college never told him precisely what he was accused of and refused to interview witnesses he put forward. Cases that get attention from the federal office are being handled under federal rules created during Trump’s first term. Those rules were designed to bolster the rights of students accused of sexual misconduct. Lawyers who work with accused students see little improvement. Justin Dillon, a Washington lawyer, said some of his recent complaints have been opened for investigation. He tells clients not to hold their breath. Even before the layoffs, cases could drag on for years, he said. Others gave up on the office years ago. The LLF National Law Firm said it stopped filing complaints in 2021 in favor of suing schools directly. Lawyers at the firm said the office had become incapable of delivering timely outcomes, which was only worsened by the layoffs. Complaints can be resolved several ways. They can be dismissed if they don’t pass legal muster. Many go to mediation, akin to a settlement. Some end in voluntary agreements from schools, with plans to rectify past wrongs and prevent future ones. In 2024, under Biden, the office secured 23 voluntary agreements from schools and colleges in cases involving sexual violence, according to a public database. In 2018, during Trump’s first term, there were 58. Since Trump took office again last year, there have been none. The dismantling of the Office for Civil Rights comes as a blow to Laura Dunn, a civil rights lawyer who was influential in getting President Barack Obama’s Democratic administration to make campus sexual assault a priority. As the issue gained public attention, the office started fielding hundreds of complaints a year. “All the progress survivors have made by sharing their story is being lost,” said Dunn, who’s now a Democratic candidate for Congress in New York. “We are literally losing civil rights progress in the United States, and it’s pushing us back more than 50 years.” ___ The Associated Press’ education coverage receives financial support from multiple private foundations. The AP is solely responsible for all content. Find the AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.
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