Hazing allegations are different from standard misconduct accusations, like sneaking into buildings, defacing property, or getting into physical fights with another student. These allegations are often far more nefarious, prompting colleges and universities to treat them with greater care. In fact, schools are more inclined to believe accusations of hazing than other misconduct. As such, they conduct more rigorous investigations into the matter and, if they discover the hazing allegation is true, they impose far more severe punishments.
Unfortunately, this zealousness tends to punish innocent students, and those who have made genuine mistakes might face punishments that far outweigh their actions.
When it comes to hazing accusations at colleges and universities in the Chicago area, students face a complex and often challenging landscape. The Chicagoland region, which includes parts of Illinois, Indiana, and Wisconsin, is home to numerous prestigious institutions, each with its own policies and procedures for handling hazing allegations.
If you are accused of hazing at a college or university in this area, there's no telling where the investigation may lead – even if you're completely blameless. To ensure you are not being unnecessarily punished, it is crucial you hire an experienced student defense attorney. Colleges and universities are not bound by the same legal standards as criminal courts. While you're entitled to some form of due process, navigating the maze of campus judicial systems is not for the faint of heart.
Tackling these allegations on your own is not advisable. The Lento Law Firm Student Defense Team understands how overwhelming and confusing these allegations can be. They will work tirelessly to safeguard your rights. Contact the Lento Law Firm Student Defense Team today at 888-535-3686 or schedule a consultation online.
Defining Hazing
Hazing is a serious offense that can have severe consequences for students in the Chicago metro area. While state law defines hazing, individual institutions often have their own, more specific definitions and policies.
For instance, in Illinois, hazing is defined as knowingly requiring a student to perform an act so they can be admitted to, remain in, or join a group or organization that is connected with an educational institution. The act cannot be sanctioned by the institution and must result in bodily harm. This broad definition allows for a wide range of activities to potentially fall under the umbrella of hazing.
However, many universities in the Chicago area have adopted more comprehensive definitions of hazing. For example, Northwestern University defines hazing as any action that is taken, or situation that is created, to cause mental or physical discomfort, ridicule, harassment, or embarrassment of a student, just so they can be affiliated with a group or organization, whether the incident happens on or off campus, or is presented as optional or required.
Additionally, the University of Chicago prohibits hazing and provides examples of what constitutes hazing, such as forcing a student to consume alcohol or other substances, paddling, and coercive, degrading, or humiliating activities.
That being said, because hazing isn't universally defined, it can include any type of behavior, such as:
- Harassment.
- Convincing a sorority or fraternity pledge to drink alcohol.
- Keeping an initiate from falling asleep one night.
- Compelling a new member to run a mile when the weather is less than ideal.
- Having pledges run errands, like picking up dry cleaning, doing the dishes, or vacuuming the fraternity house.
- Requiring initiates to use specific greetings when addressing other members.
- Giving new members an early curfew.
Also, it should be noted that the participant's willingness to take part in these activities is not a defense to hazing. This makes it all the harder to defend yourself against these accusations as most individuals expect to take part in such activities when joining campus organizations.
The Lento Law Firm Student Defense Team has spent years helping college and university students throughout the country, and in Chicagoland, create strategic defenses that guarantee the best possible outcome for their case. You do not – and you should not – try to defend yourself against these accusations without experienced legal guidance.
Hazing Sanctions
While Illinois, Indiana, and Wisconsin have different definitions of hazing, they all treat hazing as a serious offense. For example, in Illinois, hazing is classified as a Class A misdemeanor that can result in up to 364 days imprisonment and a $5,000 fine. However, if the incident results in death or great bodily harm, Illinois will elevate the charge to a Class 4 felony, and the defendant could face one to three years in prison and up to a $25,000.
On the other hand, in Indiana, hazing is classified as a Class B misdemeanor and can lead to 180 days in jail and a $1,000 fine. This punishment increases significantly if the incident involved a deadly weapon or aggressive driving that resulted in serious bodily injury or death.
Additionally, in Wisconsin, hazing is considered a Class A misdemeanor, which carries a sentence of up to 9 months in jail and a fine of up to $10,000. However, like Illinois and Indiana, this charge can be increased to a felony if the act results in great bodily harm or death. If increased to a felony charge, the possible punishments increase as well.
Despite how severe hazing sanctions can be at the criminal level, institutions in the Chicago metro area can impose significant sanctions, with devastating consequences, on students found responsible for hazing activities. These sanctions include:
- Suspension or expulsion from the university
- Removal from athletic teams or student organizations
- Loss of scholarships or financial aid
- Notation on academic transcripts
- Mandatory counseling or education programs
For instance, Northwestern University's policies state that hazing violations can result in disciplinary action up to and including expulsion. The University of Illinois at Chicago's student disciplinary policy outlines a range of possible sanctions, including university warnings, disciplinary probation, suspension, and dismissal.
Though these university sanctions may sound tame in comparison to the potential criminal punishments, they can greatly impact your life. Students who lose their scholarships or financial aid, won't be able to continue attending college. If they are also suspended or dismissed from their schools, their punishments are noted on their transcripts, making it difficult to gain admission to another school or graduate program.
Considering the complexities of hazing cases and the potentially life-altering consequences, it's crucial for accused students to seek legal representation from an experienced student defense law firm.
Defending Yourself from School Hazing Charges
The good news is all colleges and universities in the Chicago metro area have policies and procedures in place to safeguard student rights from misconduct accusations. Each school will have a specific set of policies, but they all tend to include the same elements.
Once the school receives a complaint of hazing, they will notify both the alleged victim and the accused student of the accusations, their rights, and next steps. Then, the school will perform a preliminary investigation into the allegations. This preliminary investigation includes reviewing the accusation, speaking to the alleged victim and defending student about the supposed issue, and collecting witness testimony to determine if the accusation has enough credence to warrant a formal investigation.
If it does, the school will launch a more rigorous investigation into the matter, gathering evidence and witness testimony that bolsters the victim's accusation. During this time, the defending student has every right to gather evidence and witness testimony themselves, while also building a strategic defense. This information can be submitted to the university at any time.
In most cases, the university and the student will have a chance to present their evidence in a disciplinary meeting. The disciplinary committee in this meeting will hear both arguments, review the entirety of the evidence, and determine if, based on this information, the defending student is responsible for the alleged hazing activity.
College Hazing vs. Criminal Hazing
College and university hazing disciplinary proceedings operate under different standards than criminal courts. This can often catch students and their families off guard, especially if they're unfamiliar with the academic disciplinary process.
In college disciplinary proceedings, the standard of evidence is typically a “preponderance of the evidence,” meaning it's more likely than not that the accused student committed the violation. However, in court it is usually a “beyond a reasonable doubt” standard, which is a higher standard the prosecution must meet to prove their case.
Moreover, due process protections in college proceedings are often more limited than in criminal cases. Students may have restricted rights to legal representation, cross-examination of witnesses, or access to evidence. This can make it challenging for accused students to defend themselves effectively.
For instance, the University of Chicago disciplinary policies allow students to bring a person of their choice, including a lawyer to disciplinary meetings. However, they may not speak outright but only confer quietly with the student and offer advice during breaks. Moreover, if a lawyer attends these proceedings, the University will ensure a representative from their Office of Legal Counsel is present as well.
Even if your school prohibits a lawyer from being present during the disciplinary hearing, that does not mean you cannot prepare your defense with an attorney. The Lento Law Firm can help you prepare your defense, gather evidence and witness testimony, and practice responding to investigative questions. They can also help you draft documents, prepare evidence, and outline your arguments.
Why Choose the Lento Law Firm Attorney?
Choosing the Lento Law Firm Student Defense Team can make a crucial difference in protecting your rights and future prospects. Not only has the Lento Law Firm established itself as the premier student defense firm nationwide, but they have also over two decades of experience practicing law, allowing the attorneys to develop a deep understanding of the complicated landscape of student disciplinary proceedings, including those related to hazing allegations.
As such, they approach student defense in a highly focused, comprehensive manner, recognizing that each case is unique and requires a customized strategy. This is particularly important in hazing cases, which often involve complex institutional policies and procedures that can be difficult for students to navigate on their own.
One of the key advantages of choosing the Lento Law Firm is their extensive experience with a wide range of student defense cases. This broad knowledge allows them to approach hazing allegations with a nuanced understanding of how these cases intersect with other areas of student rights.
Moreover, the Lento Law Firm understands the high stakes involved in hazing accusations. They recognize that the consequences of such charges can extend far beyond immediate disciplinary action, potentially impacting a student's academic future and career prospects. This understanding drives their commitment to vigorously defending their clients' rights.
By choosing the Lento Law Firm Student Defense Team, students accused of hazing in the Chicago metro area can benefit from a dedicated, experienced, and strategic approach to their defense, maximizing their chances of a favorable outcome in a challenging situation.
Protect Your Student's Right to an Education
Even though hazing is a crime in Illinois, Indiana, and Wisconsin, it is important to understand that even if a student isn't criminally prosecuted, the academic consequences can be equally, if not more, devastating. Colleges and universities can impose severe sanctions, including suspension or expulsion, based on their own investigations and hearings, regardless of whether criminal charges are filed.
The Lento Law Firm Student Defense Team knows how difficult these accusations can be and will work tirelessly to ensure your due process rights are upheld by your university or college. You do not have to go through this alone. Contact our offices today at 888-535-3686 or schedule a consultation online.
