Colleges and universities in the Greater Philadelphia area have taken a proactive stance on addressing hazing allegations on top of state laws criminalizing the practice. Institutions like Delaware's Wilmington University, New Jersey's Rutgers, and Pennsylvania's Villanova are just a few with detailed anti-hazing policies that foster a culture of student safety and accountability.
To reflect the push toward challenging growing instances of hazing on campuses nationwide, reporting procedures and investigative protocols often leave accused students fighting to remain enrolled. Colleges and universities act quickly to manage allegations, nearly always with a lower burden of proof and fewer procedural protections than state criminal justice systems. Even those falsely accused may find themselves navigating complex disciplinary hearings and legal proceedings, which can lead to:
- Loss of grants or scholarships that make college far more expensive
- Suspension or expulsion that ends your academic career
- High fines and penalties that take you years to pay
- Criminal charges that land you in jail
Given these significant stakes, students facing hazing allegations benefit immensely from the support of the LLF Law Firm. We understand the difficulties associated with hazing allegations, including how students can face punishment on campus even if local law enforcement or county prosecutors drop charges. Since false or unsubstantiated accusations can endanger a student's education and future, those accused must retain professional help. Call the LLF Law Firm at 888-535-3686 now or visit our confidential consultation form.
Greater Philadelphia Anti-Hazing Laws
All colleges and universities in the Greater Philadelphia area maintain clear anti-hazing policies. Each state requires it. Since the metro area spans three states, each jurisdiction provides a slightly different take.
In Delaware, hazing acts are any which "recklessly or intentionally endanger the mental or physical health or safety" of a student carried out to initiate them or another into a school-sponsored organization. While hazing is centered around acts that cause harassment, embarrassment, emotional distress, and others, state law asserts that any activity—directly or indirectly—is presumed to be a "forced" activity, regardless of the individual's willingness to participate.
Anti-hazing laws in New Jersey and Pennsylvania are nearly identical. Yet, there are additional provisions left to law enforcement. If hazing activities result in serious bodily injury, New Jersey can levy aggravated hazing charges. Pennsylvania prosecutors have the same options available to them, but the commonwealth also has the means to address organizational hazing when activities are committed by groups.
How Do Greater Philadelphia Colleges and Universities Define Hazing?
Although hazing allegations are handled slightly differently depending on where charges originate, schools typically take the initiative to handle matters. Hazing policies normally parallel state laws but often include far more stipulations on sanctionable behavior.
Hazing doesn't solely focus on the harm a student carries out but acts that are likely to cause harm. This means that during an initiation, even if no one is physically, mentally, or emotionally hurt, students and their organization can still face discipline. Although most colleges do not maintain a full, exhaustive list of activities that are considered hazing, they, such as Wilmington University, often provide examples, such as:
- Any form of mental or physical abuse
- Drinking large amounts of beverages (alcoholic or not) to the point of getting sick
- Randomly sing or chant in public for the purpose of humiliation
- Forced association with specific people and not others
- Sleep deprivation
- Enduring harsh weather conditions without appropriate clothing
- Being screamed or yelled at by organization members
Despite the seemingly innumerable acts targeted for hazing, schools almost always omit reasonable or customary contests or competitions for athletic teams or military training exercises. Like Temple University, most schools explicitly state that a participant's consent does not excuse hazing. Therefore, an organization cannot argue that it was harmless because the participants agreed to it.
Schools will seek charges against those who may decline to report hazing activities. However, many also disciplined individuals who were able to intervene but failed. They may act even if the conduct was sanctioned or approved by the organization.
How Schools Manage Hazing Allegations
On college campuses in the Greater Philadelphia area, hazing allegations are handled a few different ways depending on who responds first. Regardless of whether students are enrolled at the University of Delaware in Newark, Rowan University in Glassboro, or the University of Pennsylvania in Philadelphia, the proceedings of the case can vastly change.
Each institution has a dedicated security department, which has varying combinations of sworn-in campus officers and non-officer peacekeeping staff. Security departments often work in conjunction with local law enforcement, especially in bigger cities like Wilmington, Trenton, and Reading. If local police are the first to respond, they can decide whether to notify the school of the allegations or leave the matter for the courts to manage. However, even if insufficient evidence exists to result in a conviction, the school still retains the right to investigate.
Schools in states that have provisions for aggravated and organizational hazing reserve further reach for discipline. For example, Drexel University can charge students withthree different levels of hazing allegations:
- Hazing: "intentionally, knowingly, or recklessly, for the purpose of initiating, admitting, or affiliating a student into or with an organization."
- Aggravated Hazing: when hazing leads to serious bodily injury or death.
- Organizational Hazing: organizations that "intentionally, knowingly, or recklessly promote or facilitate" hazing or aggravated hazing.
Once a school substantiates the potential for a violation of its hazing policy, it tasks investigators with unearthing evidence. School authorities have a broad reach in seeking information and restricting those accused during the investigation. In some cases, those named in the allegations may endure interim suspensions, if deemed necessary by schools through their interpretation of the original reported claims.
Colleges and universities can have varying processes for adjudicating hazing allegations. Often, schools allow an accused student (respondent) to accept responsibility in an informal hearing or meeting. While students may think it will lead to leniency, it's a significant mistake. All respondents must proceed to a formal hearing to protect their full right to defend themselves.
Hazing Sanctions from Schools and the Criminal Justice System
School authorities advise students of the consequences in writing when they are found responsible for hazing following a disciplinary hearing. The school will likely review the student's disciplinary history to determine the appropriate corrective actions.
The University of Pennsylvania reserves the authority to impose the following sanctions on individuals:
- Written warning
- Formal reprimand
- Fines and restitution
- Disciplinary probation (temporary or indefinite)
- Term suspension (ordinarily not to exceed two years)
- Indefinite suspension with no automatic right of readmission
- Permanent expulsion and ban from campus and related activities
Since hazing activities often involve more than one student, organizations are also subject to discipline. Student groups—from fraternities and sororities to activity clubs and debate teams—may lose their facility use privileges, as well as official recognition from the university and their funding.
If hazing allegations turn into criminal charges, each state has different degrees of offense corresponding to the charges. In Delaware, prosecutors handle hazing as a class B misdemeanor, with a maximum punishment of six months imprisonment and a $1,150 fine.
Pennsylvania charges hazing as a summary offense, with a maximum of 90 days in jail and a $300 fine. Charges are upgraded to a third-degree misdemeanor if there is a reasonable likelihood of bodily injury, leaving the potential for one year in jail and a $2,500 fine. Aggravated hazing is a third-degree felony, with a maximum of seven years imprisonment and a $15,000 fine. For organization hazing, student groups receive a fine of no more than $5,000 for each violation and $15,000 for aggravated violations.
In New Jersey, hazing is initially a disorderly person's offense, with a punishment of six months in jail and a $1,000 fine. It's a fourth-degree offense when bodily injury occurs and a third-degree offense when the result leads to death or serious bodily injury. Punishments range from 18 months imprisonment and a $10,000 fine for the former and three to five years imprisonment and a $15,000 fine for the latter.
Defending Yourself Against School Hazing Charges
Hazing charges aren't indefensible. Like other school misconduct charges, colleges and universities have policies to afford student respondents due process during grievance procedures. Provisions vary from school to school, but some are expected.
No matter where you are in the Greater Philadelphia area, your school must:
- Provide you with notice of charges when it launches an investigation
- Offer respondents the chance to explain their side of the events
- Allow students to submit evidence supporting their case, including witness testimony
- Permit you to take the matter to a formal disciplinary hearing
- Maintain a policy for student appeals
Whether a university hearing board, student conduct panel, or other disciplinary body adjudicates the matter, students are subject to a low evidentiary standard. Like general misconduct cases, a school must prove with a "preponderance of the evidence" that the student is responsible for the alleged hazing activities. Unfortunately, it means disciplinary officials only need to confirm that it is “more likely than not” that the respondent is at fault—far below the threshold for convictions in criminal court.
Critically, all schools in Greater Philadelphia allow students to choose an "advisor" or "support person" to accompany them and advise during meetings and hearings. Many schools, such as Villanova University, allow students to select a legal professional to fill this role. Some, like Wilmington University, however, only allow a student's advisor to be an attorney if the charges are also subject to criminal action.
Why Choose the LLF Law Firm for Student Defense?
The LLF Law Firm understands the severe implications of hazing charges. Not only can they derail your academic career, but charges often affect students beyond higher education. When applying for jobs, security clearances, and professional licenses, officials require a detailed description of an individual's disciplinary history. Hazing charges—whether handled criminally, civilly, or through the school—are often a disqualifying factor for many.
To challenge the potential consequences, the LLF Law Firm provides a comprehensive approach for students at all Greater Philadelphia colleges and universities. We play a vital role in building your defense, helping you:
- Respond to all notices during the school disciplinary process to meet deadlines
- Create a strategy to respond to investigators' questions
- Uncover mitigating evidence absolving your responsibility in the allegations
- Prepare evidentiary exhibits and witness testimony for your case
- Give a coherent argument to disciplinary officials during hearings
- Exhaust your right to appeal sanctions
Some students are often tempted to retain a local lawyer advertising their close connections with the community. However, campus hearings are not the same as criminal trials. The procedures are different. The evidentiary standards are different. The rights afforded to the student are different. Only a team well-versed in student defense guidelines in the Greater Philadelphia area understands how to manage hazing cases. Furthermore, a school's disciplinary process—like that of Rutgers University—can occur simultaneously with civil or criminal proceedings. Disciplinary action is not subject to change just because criminal charges were dismissed, reduced, or resolved. Students need top-tier legal assistance to protect their academic and professional future.
Protect Your Educational Opportunities in Greater Philadelphia
The LLF Law Firm is the answer to protecting a student's due process rights and mounting a challenge to school discipline and criminal or civil charges. University hazing cases can be particularly complex, often involving multiple parties, sensitive evidence, and testimony, and additional charges from local law enforcement.
One of the benefits of retaining us is our ability to negotiate with the college or university's Office of General Counsel to reach a resolution. A proactive approach minimizes the impact allegations or charges have on a student, which could lead to reduced sanctions, such as probation or community service, instead of suspension or expulsion.
Colleges and universities impose severe punishment to deter hazing and uphold a safe and restful campus environment. However, that doesn't mean students should accept the charges they impose or settle for imposed punishment. To begin your road to redress, call the LLF Law Firm at 888-535-3686 now or visit our confidential online consultation form, and we will reach out to you.
