Allegations of hazing differ significantly from typical reports of misconduct, such as vandalism, excessive drinking, or physical altercations. These accusations usually have more sinister implications, causing colleges and universities to approach them with heightened sensitivity. Consequently, they conduct more rigorous investigations into the matter, and if they find the claim substantiated, they will impose considerably harsher sanctions on the accused student or organization.
The unfortunate part, however, is that this fervor often results in penalizing innocent students, while those who have committed genuine errors in judgment may face disproportionately harsher consequences related to their actions.
When students are accused of hazing at colleges and universities in the DFW metro area, they encounter a multifaceted and frequently daunting situation. The DFW metro area, or “the Metroplex,” is composed of Dallas, Fort Worth, and Arlington, Texas, and is home to several public and private institutions. Like most schools in the United States, these schools all recognize hazing as a serious issue and have created their own policies and procedures for handling such allegations.
If you are facing a hazing accusation at a college or university in this region, you need a strong defense. The trajectory of the investigation is unpredictable, even if you are entirely innocent. To avoid unwarranted punishment, it's important to work with a seasoned student defense attorney.
Moreover, schools are not bound by the same legal standards as criminal courts. While you are entitled to some form of due process, navigating the intricacies of campus judicial systems is a formidable task that should not be attempted without guidance.
The Lento Law Firm Student Defense Team understands the overwhelming and perplexing nature of these accusations and will work tirelessly to prove your innocence and protect your rights. Contact the Lento Law Firm Student Defense Team today at 888-535-3686 or schedule a consultation online.
Defining Hazing
In the DFW area, hazing is considered a severe issue that, when true, deserves a harsh punishment. Though Texas law defines hazing, the colleges and universities in the area all have their own definitions.
For instance, in Texas, a person can be found guilty of hazing, encouraging hazing, facilitating or permitting hazing, or having knowledge that an activity that would be considered hazing was being planned and they didn't report it in writing to their Dean of Students or Director of Student Life.
The state defines hazing as intentional, knowing, or reckless acts that are done to a student so they can pledge, be initiated or affiliated, or maintain their membership in an organization, whether it occurs on or off campus. This definition is quite broad, though, and allows for a lot of different activities to potentially fall under its umbrella.
While colleges and universities in DFW define hazing the same way as the state, they have more stringent examples of actual actions that can be claimed as hazing. For instance, at the University of Texas at Arlington, hazing involves any type of physical brutality or activity, including activities that involve the consumption of drugs, alcohol, liquid, or food and activities that intimidate or threaten a student.
At Texas Woman's University, examples of hazing activities include whipping, beating, sleep deprivation, exposure to the elements, and consumption of food, liquid, alcohol, or drugs that put the student at risk of unreasonable harm or adversely affect their mental or physical health or safety. Moreover, students can be accused of hazing at this university if the activity they require the other students to perform violates the state Penal Code or the school's conduct code.
While these activities are clearly dangerous, more innocuous examples of hazing include:
- Imposing early curfews on new members.
- Having pledges or initiates running errands or performing household chores.
- Requiring potential new members to use certain greetings for other members.
- Assigning nicknames to new members.
- Having new members carry certain items at all times, like their pledge book or organization-related objects.
- Enforcing dress codes or specific attire for initiates.
- Organizing scavenger hunts for harmless objects on campus or around town.
Additionally, the participant's willingness to engage in these activities is not a defense against hazing allegations. This makes it challenging to defend against such accusations, as many students expect to participate in these activities when joining campus organizations, especially fraternities or sororities.
The Lento Law Firm Student Defense Team has extensive experience helping students navigate these accusations and create strategic defenses to ensure they are not being unnecessarily punished.
Hazing Sanctions
While the criminal sanctions for hazing will be consistent across the entire state of Texas, they can vary from school to school. For instance, in Texas, the following hazing offenses will be punished as follows:
- Failing to report hazing and hazing that does not result in serious bodily injury are both considered Class B misdemeanors, punishable by up to 180 days in jail and a fine of up to $2,000.
- Hazing that does result in serious bodily injury rises to a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.
- Hazing incidents that cause death are considered state jail felonies and will be punished by six months to two years in a state jail facility.
Additionally, if an organization is found guilty of hazing, it can face fines ranging from $5,000 to $10,000.
Yet even though these sanctions can have devastating consequences for students accused of hazing, the ones imposed by DFW area colleges and universities can be just as disastrous for a student's future. Typically, university sanctions include:
- Counseling or education programs
- Exclusion from athletic teams or student organizations
- Suspension or expulsion from the institution
- Student organizations losing university recognition
- Loss of financial aid or scholarships
For instance, at the University of Texas, students accused of hazing can face anything from disciplinary probation, withholding of grades or an official transcript, to a suspension of their rights and privileges on campus, including being able to reside in university housing. They may also be suspended from the university for a specific period of time or completely expelled.
Either way, these sanctions can have a lasting impact on the student's academic, professional, and personal lives. Students who are put on probation, suspended, or expelled for hazing will have the punishment noted on their final transcripts. As such, when they go to apply to a new college or graduate program, they will be forced to explain the incident on their application. This can make it quite difficult for a student to continue their education and pursue the career they have always wanted.
As you can see, these types of accusations and cases can be extremely complex. They need the guidance of an experienced student defense law firm to ensure you are covered at every stage of the game.
Defending Yourself from School Hazing Charges
The DFW metroplex's colleges and universities have established policies and procedures to protect students' rights when facing misconduct allegations. While each institution has its own specific protocols, they generally follow a similar framework.
Upon receiving a hazing complaint, schools in the DFW area notify both the supposed victim and accused student about the allegations, the rights of both parties and what comes next. The school will then conduct an initial inquiry into the allegations, which typically involves reviewing the complaint, interviewing the supposed victim and the accused student, and gathering witness statements to determine if the allegation warrants a full investigation.
If the school decides it does, it will begin a comprehensive investigation, collecting evidence and witness testimony that support the accuser's claims. During this process, the accused student has the right to gather their own evidence and witness statements while developing a defense strategy. This information can be submitted to the university throughout the investigation in an attempt to have the charges dropped.
Most DFW institutions offer a disciplinary hearing where both the university and the student can present their cases. A disciplinary committee reviews all evidence and arguments before determining whether the accused student is responsible for the alleged hazing activity.
College Hazing vs. Criminal Hazing
As mentioned above, academic hazing disciplinary proceedings in the DFW area operate differently from criminal courts. In college proceedings, the standard of evidence is usually a “preponderance of the evidence” standard. This standard means that the university must prove that it is more likely than not, based on the evidence and witness testimony they have presented, that the accused student committed the act of hazing.
It is important to note that in a criminal case, the standard of evidence would be the higher “beyond a reasonable doubt” standard. As this standard is higher than the ones used in DFW colleges and universities, it is harder for criminal prosecution to prove their case than it is at the university level. This means that students can be disproportionately punished by their universities at a higher rate than they would be if they were criminally charged.
Additionally, due process protections in college and university disciplinary proceedings may be narrower than in criminal ones.
For instance, students may not be able to have a legal representative speak for them during the proceedings or may be unable to cross-examine the school's witnesses or access their evidence, which can make it incredibly difficult to properly defend themselves from hazing accusations.
However, even if your school restricts a lawyer's participation in disciplinary hearings, you can still benefit from legal counsel in preparing for your defense. The experienced Student Defense Team at the Lento Law Firm will help you collect evidence and witness testimony, practice responding to university questioning, and enable you to create a strategic defense that will guide you down the best path for your case.
Why Choose a Lento Law Firm Attorney?
Selecting the Lento Law Firm Student Defense Team can be a game-changer in safeguarding your rights and future opportunities in the DFW metroplex. The firm has established itself as a leading force in student defense across the nation. This extensive experience has enabled our attorneys to develop a profound grasp of the intricate landscape surrounding student disciplinary proceedings, including those related to hazing allegations at DFW colleges and universities.
Our approach to student defense is meticulous and all-encompassing, acknowledging that each case requires a tailored strategy. This is particularly important in hazing cases, which often involve complex university policies and procedures that can be challenging for students to navigate independently. However, our diverse student defense experience acts as a significant advantage when tackling hazing allegations, as we have a nuanced understanding of how these cases intersect with other aspects of student rights in DFW institutions.
Furthermore, the Lento Law Firm is astutely aware of the high stakes involved in hazing accusations. We recognize that the repercussions of such charges can extend far beyond immediate disciplinary action, potentially impacting a student's academic trajectory and career prospects in the region and beyond. This understanding fuels our commitment to robustly defending our client's rights.
Working with the Lento Law Firm Student Defense Team is the best way to ensure students are afforded a dedicated, experienced, and strategic approach to their defense, enabling them to receive the best possible outcome.
Protect Your Student's Right to an Education
Although hazing is illegal in Texas, it is crucial to recognize that even without criminal prosecution, the academic and personal repercussions can be equally, if not more, devastating for students in the DFW area. Higher education institutions across DFW have the authority to enforce harsh penalties, including suspension or expulsion, based on their internal inquiries and disciplinary proceedings, irrespective of whether legal charges are pursued.
The Lento Law Firm Student Defense Team understands the challenges these allegations present and is committed to vigorously defending your rights to fair treatment by your university or college in the DFW metroplex. Contact our offices today at 888-535-3686 or schedule a consultation online.
