Claims of hazing in the Detroit Metro area are distinctly different from common misconduct reports like property damage, alcohol abuse, or physical fights. These accusations often carry more serious undertones, prompting educational institutions to address them with increased caution. As a result, colleges and universities typically conduct more thorough inquiries and, if the allegations are found credible, impose significantly stricter penalties on the accused individuals or groups.
Unfortunately, this zealous approach can sometimes lead to unfair punishment of innocent students, while those who have made genuine mistakes may face excessively severe consequences for their actions.
Students accused of hazing at Metro Detroit colleges and universities face a complex and intimidating situation. The Detroit metropolitan area, encompassing Detroit, Dearborn, and Warren, hosts numerous public and private institutions. Similar to most schools nationwide, these schools recognize that hazing is a critical issue and have established specific protocols for addressing these allegations.
When facing a hazing accusation at a Metro Detroit college or university, you need a strong defense. The course of the school's investigation can be unpredictable, even if you're completely blameless. To avoid undeserved sanctions, it's crucial to hire an experienced student defense attorney.
It should be noted that schools aren't bound by the same legal standards as criminal courts. So while you'll be entitled to some form of due process at a school disciplinary hearing, it can be incredibly overwhelming to try and navigate the complexities of the campus judicial system without experienced help.
The Lento Law Firm Student Defense Team knows how confusing these accusations can be and will work diligently to establish your innocence and protect your future. Contact the Lento Law Firm Student Defense Team today at 888-535-3686 or schedule a consultation online.
Defining Hazing
Most schools in the Metro Detroit area consider hazing a serious issue that should be punished harshly to deter future incidents. Yet, despite being defined by the state, schools are left to create definitions, policies, and procedures on their own.
Under Michigan law, specifically, Garret's Law, hazing is defined as:
- An intentional, knowing, or reckless act committed by a person or group of people,
- That is directed against another individual,
- Which the person or group knew or should have known jeopardizes the individual's physical health or safety, and
- That was done for the purpose of pledging, affiliating with, participating in, getting initiated into, or maintaining membership in an organization.
Common examples of hazing under this law include:
- Physical brutality, like whipping, beating, branding, electronic shocking, and placing harmful substances on the individual's body.
- Physical activities that pose unreasonable risks, such as sleep deprivation, exposure to the elements, and excessive calisthenics.
- Forced consumption of substances like food, liquids, alcoholic beverages, or drugs, that may adversely affect the individual's health or safety.
- Activities that require individuals to perform tasks that involve the commission of a crime or acts that meet the definition of hazing.
However, despite how broad Garret's Law is, it does not apply to normal and customary activities in athletics, physical education, military training, or similar programs that are sanctioned by a school in the state.
While many colleges and universities in Metro Detroit may use a similar definition of hazing as the state, they all typically differ in their wording, which can greatly impact how a student should pursue their defense.
For instance, the University of Michigan defines hazing to include deliberate acts that cause physical injury, assault, or battery, kidnapping or imprisonment, physical activity that subjects a person to unreasonable risk of physical harm or severe mental and emotional harm, degradation, humiliation, or that unnecessarily interfere with academic activities.
Additionally, Michigan Technological University defines hazing as an activity involving persecution and harassment with futile, challenging, dangerous, or degrading tasks, just to join, or remain a member of, an organization, like a sorority, fraternity, honor society, club, or athletic team.
Typically, hazing accusations are made about clearly dangerous activities (like forced consumption of alcohol or drugs), but there are some cases where students or organizations can be accused of hazing for pretty harmless activities, such as:
- Requiring pledges to great party goers in a particular way.
- Making new members or initiates perform chores or run errands for current organization members.
- Hazing new members stick to a strict curfew on school nights.
- Giving pledges nicknames.
- Requiring new members to always carry their pledge book or organization-related objects at all times.
- Making sure initiates or potential new members follow a particular dress code.
- Having pledges perform scavenger hunts on campus or around town.
It should also be noted that neither school allows the individual's willing participation to be a defense to the hazing allegations.
The Lento Law Firm Student Defense Team has years of experience helping students around the country navigate these types of allegations and craft strategic defenses to avoid being unnecessarily punished by their schools.
Hazing Sanctions
In Michigan, if a person is found guilty of violating Garret's Law, their punishment will depend on the nature of the violation and the victim's injuries.
- The defendant will be charged with a misdemeanor if the activity resulted in a physical injury. Misdemeanors are punishable by imprisonment for up to 93 days, a fine of up to $1,000, or both.
- Defendants will be charged with a felony if the incident results in a serious impairment of a body function and is punishable by up to 5 years in prison, a fine of up to $2,500, or both.
- If the incident results in a death, the defendant will be charged with a felony and could be punished with up to 15 years in prison, a fine of up to $10,000, or both.
While these criminal punishments are devastating, the consequences for students accused of hazing at a Metro Detroit college or university can be similarly damaging for the student. Usually, a college or university's sanctions will include:
- Loss of financial aid
- Loss of scholarships
- Prohibition or removal from athletic teams or student organizations
- Probation, suspension, or expulsion from the school
- Suspension or expulsion of the student organization from campus
- Loss of recognition or privileges for student groups involved in hazing
For instance, at the University of Michigan, students accused of hazing can be punished by the Office of Student Conflict Resolution. This punishment can include anything from loss of privileges on campus, like the right to live in university housing, to full expulsion from the school.
Being punished for hazing by your university or college can have lasting impacts on your future, both academically and professionally. Not only are students who are put on probation, suspended, or expelled from the school because of hazing allegations at risk of being unable to finish their education, they may also suffer from severe emotional distress, depression, and anxiety for years to come.
Working with an experienced student defense law firm from the moment you learn of these accusations is the only way to ensure your future is protected at every stage of the university's disciplinary process.
Defending Yourself from School Hazing Charges
Metro Detroit colleges and universities have created policies and procedures that are supposed to protect both the accused student and the alleged victim after hazing incidents. However, many students accused of hazing discover that these policies and procedures are skewed towards the alleged victim. As such, it is crucial to prepare a strategic defense for such disciplinary proceedings.
While the exact steps may differ from school to school, they usually follow a similar process. First, once the school receives a hazing allegation, they will notify the alleged victim and the accused student about the complaint. Then, they will schedule meetings with both parties to learn more about the supposed incident and the parties' perspectives. After these initial interviews, the school will decide whether the accusation merits a more in-depth investigation.
In instances where the school determines there should be an in-depth investigation, they will start to collect evidence and witness testimony that supports or refutes the accuser's accusations. At the same time, the accused student should be gathering their own evidence and witness statements to bolster their defense and attempt to have the accusation dropped prior to a formal hearing.
When accusations make it past this comprehensive investigation, Metro Detroit colleges and universities will require the accused student to participate in a disciplinary hearing. During this hearing, both sides will have the chance to present their arguments and the person or committee overseeing the hearing will determine, based on the evidence presented, whether it is more likely than not that the accused student did in fact haze the victim.
College Hazing vs. Criminal Hazing
It is important to realize that while courts in Michigan use the “beyond a reasonable doubt” standard of evidence in their cases, colleges and universities, as mentioned above, usually use the “preponderance of the evidence” standard. Meaning, the prosecution in a criminal case has a harder time proving the defendant is guilty of hazing, than colleges and universities.
As such, students can be punished more frequently by their schools than they would be if they'd been charged criminally by the state. Moreover, due process protections in colleges and universities are generally narrower than in criminal cases. So, while defendants are afforded the right to legal counsel for their cases, students may not be able to have a legal representative advocating for them during the proceedings.
Despite this, it is still incredibly important to work with legal counsel when preparing your defense as they will ensure your defense is robust, fully backed up, and that you are completely prepared to present it during your disciplinary hearing. Ultimately, this will ensure you have the best possible outcome for your case and are not being punished for being ill-prepared come hearing day.
Why Choose the Lento Law Firm Attorney?
Choosing the Lento Law Firm Student Defense Team can be pivotal in protecting your rights and future prospects in the Detroit metro area. Our firm is a prominent player in student defense nationwide, and this broad skill level has allowed our attorneys to develop a deep understanding of the complex landscape surrounding misconduct disciplinary procedures, including those related to hazing accusations at the Metro Detroit institutions.
We take a comprehensive and detail-oriented approach to student defense, recognizing that each situation demands a customized strategy. This is especially crucial in hazing cases, which often involve intricate university policies and protocols that can be daunting for students to handle on their own. However, our wide-ranging experience in student advocacy serves as a significant asset when addressing hazing allegations, as we possess a nuanced grasp of how these cases intersect with other aspects of student rights in Detroit metro area schools.
Moreover, the Lento Law Firm is keenly aware of the significant implications of hazing accusations. We understand that the consequences of such charges can extend well beyond immediate disciplinary measures, potentially affecting a student's educational journey and career opportunities in the region and beyond. This awareness drives our dedication to vigorously defending our clients' interests.
To get the best possible result for your case, the Lento Law Firm Student Defense Team will ensure you get a committed, knowledgeable, and strategic approach to your defense.
Protect Your Student's Right to an Education
While Michigan law prohibits hazing, it's important to understand that the consequences for students in the Detroit metro area can be severe, even in the absence of criminal charges. Colleges and universities throughout the area have the power to impose stringent sanctions on students, such as suspension or expulsion, based solely on their own investigations and disciplinary processes, regardless of whether legal action is taken.
The Lento Law Firm Student Defense Team recognizes the complexities surrounding these accusations and is dedicated to dynamically advocating for your rights to unbiased treatment by your Detroit metro area school. Contact our offices today at 888-535-3686 or schedule a consultation online.
