A criminal charge does not stay in one lane when you are a University of South Carolina student. A single arrest in Five Points or on the Columbia campus can lead to two separate processes at the same time: a criminal case in South Carolina’s court system and a conduct case through the university’s Office of Student Conduct and Academic Integrity. Each one can affect your record, your housing, and your future on its own.
We are Touma Law Group, a South Carolina criminal defense firm. We represent USC students and their families in Columbia facing charges that range from underage drinking to felony drug cases. If you or your student has been charged with a crime, contact us for a free consultation before you talk to anyone else about what happened. A licensed South Carolina attorney at our firm must review the facts of a case before anyone relies on the general information on this page.
What Happens if a USC Student Gets Charged with a Crime in Columbia
A criminal charge against a USC student goes through the state court system separately from any USC conduct process. Depending on the charge and where it happened, the case may be heard in a municipal court (S.C. Code Ann. § 14-25-45), a magistrates court, which has jurisdiction over offenses with a fine of up to $500 or imprisonment of up to 30 days, or both (S.C. Code Ann. § 22-3-550), or the circuit court, which is the state’s general trial court (S.C. Const. art. V, § 11).
The university says its conduct process is not trying to decide whether a student broke the law, but whether the student violated the Code of Conduct, and that the process is not directly affected by outcomes in the criminal justice system (USC Attorneys and Advisors). So a not guilty finding or a dismissal in court does not by itself end a university case.
Common charges for USC students include underage drinking, minor in possession of alcohol, simple possession of drugs, fake ID or false identification, public disorderly conduct, and assault and battery. A Columbia College Student Defense Lawyer can represent a student in the court case and, as an advisor, in the university process.
Common Criminal Charges USC Students Face in Columbia
Charges can arise anywhere in Columbia, including areas near campus such as Five Points and the Vista, and on campus. The charges we see for USC students include the following.
- Underage drinking and minor in possession of alcohol. Being under 21 and purchasing, consuming, or knowingly possessing beer, wine, or a similar malt or fermented beverage is covered by S.C. Code Ann. § 63-19-2440, which is discussed below. Other alcohol offenses can be charged under other statutes.
- Fake ID or false identification. Using a fake ID, or someone else’s ID, to buy alcohol or get into a bar. The charge and penalty depend on the specific statute used, so talk to an attorney about what you are charged with.
- Simple possession of drugs. Marijuana, prescription drugs without a valid prescription, or other controlled substances found on a student or in a dorm room or car.
- Public disorderly conduct and public intoxication. Being grossly intoxicated in a public place or behaving in a disorderly or boisterous manner.
- Assault and battery. Physical altercations at parties, tailgates, or bars.
- DUI. Driving under the influence, including the consequences of refusing or taking a breath test after a stop.
Some of these charges start as a report from campus police or a residence hall staff member, while others begin with a traffic stop or a call to local law enforcement. USC’s conduct office says that whether an incident occurred on or off campus, the university has an obligation to respond to a report of a Code of Conduct violation (USC Conduct Administrative Conference). The same incident can therefore lead to both a criminal charge and a report to the university.
Possible Penalties and Consequences
Penalties depend on the specific charge, the facts of the case, and whether the student has any prior record. Here is a general outline for some common charges under South Carolina law. Treat these as a starting point, not a prediction for any individual case.
| Charge | Statute | Classification | Fine | Jail time | Diversion or other notes |
|---|---|---|---|---|---|
| Minor in possession of alcohol (beer, wine, or similar beverages) | S.C. Code Ann. § 63-19-2440 | Misdemeanor | $100 to $200 | Up to 30 days (fine or jail, or both) | Must complete an approved alcohol prevention education or intervention program of at least eight hours, costing no more than $150. Possession is prima facie evidence, and an officer may request an alcohol screening test. |
| Public disorderly conduct | S.C. Code Ann. § 16-17-530 | Misdemeanor | Up to $100 | Up to 30 days | A conditional discharge may be granted for a first-time offender upon approval of the circuit solicitor. |
| Simple possession of 28 grams or less of marijuana (or 10 grams or less of hashish), first offense | S.C. Code Ann. § 44-53-370(d)(5) | Misdemeanor | $100 to $200 | Up to 30 days | A conditional discharge may be granted under § 44-53-450 with solicitor approval. A magistrate or municipal judge may require attendance at a drug abuse program. A person charged with marijuana or hashish possession may be permitted to enter pretrial intervention. A second offense carries up to one year or a $200 to $1,000 fine. Other drugs and larger amounts are covered by other parts of the statute. |
Penalties can vary based on prior history, the facts of the case, and the specific statute involved.
How USC’s Office of Student Conduct and Academic Integrity Gets Involved
The conduct process at USC is a separate administrative process. The university decides whether a student violated the Code of Conduct, using a preponderance of the evidence standard, meaning it is more likely than not that the student violated the Code. You can read the university’s Code of Conduct on its website. According to the university’s published pages, the process generally works as follows.
- Administrative conference. A student who is alleged to have violated the Code of Conduct meets with a conduct administrator. The university describes this as typically an informal, one-on-one discussion lasting 30 to 60 minutes. If a student does not attend the first scheduled meeting, a registration hold is placed and a new meeting is scheduled. If the student does not attend the rescheduled meeting, a decision will be made without the student present (USC Conduct Administrative Conference).
- Carolina Judicial Council hearing. A student who disagrees with the decision from the administrative conference, or who prefers a panel of peers, can request a hearing. Student conduct hearings are heard by a panel of three students and two faculty or staff members (USC Carolina Judicial Council Hearing).
- Advisor support. A student may bring one advisor, who can be a parent, friend, or attorney, to both administrative conferences and Carolina Judicial Council hearings. The university says an advisor is there to support the student, not to speak for the student, and that the student must complete a consent form for anyone attending. The university notes that students most commonly bring an attorney when there is also a pending criminal case (USC Attorneys and Advisors).
- Interim actions. The university says interim actions can be taken when there is a reasonable belief, based on the information available at the time, that a student poses a threat to health, safety, or property. Interim actions can include suspension, housing removal, and limits on privileges or access (USC Interim Actions).
- Later effects. A conduct finding or a criminal record may come up later on applications for programs, licenses, or jobs that ask about them. Read each application’s question carefully, and ask an attorney how to answer if you are unsure.
Defense Considerations
There is no single approach for every case, since it depends on the evidence, the specific charge, and the court handling it. Some general considerations that come up in these cases include the following.
- Whether the stop, search, or arrest followed proper procedure, including the Fourth Amendment’s protection against unreasonable searches and seizures (U.S. Const. amend. IV).
- Whether a diversionary option, such as conditional discharge or pretrial intervention, may be available. Pretrial intervention is run by the circuit solicitor, and certain charges are excluded (S.C. Code Ann. § 17-22-50).
- Whether the alleged conduct meets the legal definition of the charge, such as whether a location is a public place for a disorderly conduct charge.
- How the criminal case and the university conduct case interact, since what you say in one process can come up in the other.
An attorney can review the police report, any campus incident report, and the facts of the arrest to explain your options. A charge is not a conviction.
What to Do After an Arrest or Charge
- Be careful about discussing the details. Speak with a lawyer before making statements to police, campus security, or a residence hall staff member about what happened. You have the right to remain silent and the right to an attorney when questioned in custody (Miranda v. Arizona, 384 U.S. 436 (1966)).
- Write down what you remember. Include names, times, and locations while the details are fresh.
- Save any notice from the university. Keep copies of every email or letter from the Office of Student Conduct and Academic Integrity, including deadlines to respond.
- Do not skip a court date or a conduct meeting. The university says that missing a first meeting leads to a registration hold, and missing a rescheduled meeting means a decision will be made without you.
- Talk to a criminal defense lawyer before your first conduct meeting. An attorney can help you prepare and can attend as your advisor.
Columbia Court and Campus Context
USC’s Columbia campus is in Richland County. According to the South Carolina court directory, the Richland County Courthouse is at 1701 Main Street, Columbia, and the clerk of court’s office can be reached at (803) 576-1950 (SC Judicial Branch courthouse directory). Contact the clerk’s office to confirm a court date.
Federal law requires colleges that participate in federal student aid programs to publish an annual security report that includes campus crime statistics (20 U.S.C. § 1092(f)).
A report can come from University of South Carolina police, Columbia police, or Richland County deputies depending on where the incident took place. It helps to work with a lawyer who is familiar with the local courts and with how the university’s conduct process works.
How Touma Law Group Helps USC Students
We represent USC students facing charges that range from underage drinking and drug possession to assault and battery and DUI.
We can represent a student in a Richland County or Columbia municipal court case and, if the student chooses, attend meetings and hearings with the Office of Student Conduct and Academic Integrity as an advisor. The university limits an advisor’s role to supporting the student. Our aim is to explain the options so that the student can make informed decisions about the case and the record.
A criminal charge as a USC student can feel like it is happening on two fronts at once, in court and on campus. Schedule a free consultation with Touma Law Group at 803-879-4499 so our team can walk through your charge, your options, and what to expect from the conduct process.
Frequently Asked Questions
Does USC find out about an off-campus arrest? The university’s conduct office says that whether an incident occurred on or off campus, the university has an obligation to respond to a reported Code of Conduct violation. We cannot say how the university learns of a particular arrest in a particular case.
Can I be punished by USC even if my criminal case is dismissed? Yes, it is possible. The university uses a preponderance of the evidence standard and says its process is not directly affected by outcomes in the criminal justice system.
Will a minor in possession charge show up on a background check? A conviction is a record, and whether it appears depends on the type of background check. A conviction for a crime carrying a penalty of not more than 30 days or a $1,000 fine may be eligible for expungement after three years if the person has no other conviction during that period (S.C. Code Ann. § 22-5-910). That statute does not apply to an offense involving the operation of a motor vehicle, so a DUI conviction is not covered by it. Records can also be expunged for some charges that are dismissed or end in a not guilty finding (S.C. Code Ann. § 17-1-40), and the solicitor’s office administers expungement applications (S.C. Code Ann. § 17-22-910). An attorney can tell you whether you qualify.
Can I bring a lawyer to my meeting with the Office of Student Conduct and Academic Integrity? You may bring one advisor, who can be an attorney, to administrative conferences and Carolina Judicial Council hearings. The university says the advisor’s role is limited to supporting the student and not speaking for the student.
Is pretrial intervention available for a first drug charge? For simple possession of 28 grams or less of marijuana or 10 grams or less of hashish, the statute says a person may be permitted to enter pretrial intervention (S.C. Code Ann. § 44-53-370(d)(5)). Whether a person is admitted depends on the charge, the eligibility rules, and the solicitor, so a lawyer should review the case first.
