Hazing remains a contentious issue within collegiate environments across the country, and Alabama is no exception. Allegations present a grave concern for schools as actions can quickly cause mental, emotional, or physical harm to young adults. Given the potential consequences, colleges and universities have adopted stringent anti-hazing policies to protect students and maintain a safe environment on and off campus. However, rules don't always provide impartiality and justice to all parties involved.
Schools can be quick to impose harsh sanctions when hazing allegations arise. Despite policies and procedures designed to allow the accused to defend themselves, the situation is often too challenging for young students focused on their graduation goals to handle. Fortunately, there is an outlet to provide counsel and guidance to support a student's best outcome.
The Lento Law Firm Student Defense Team is an ally for students embroiled in hazing allegations. Intrusive investigations and the potential for false claims can upend a student's academic and career pathway. We stand prepared to safeguard their right to fair hearings and seek every available option of redress. To learn how our team can assist, call us at 888-535-3686 now or visit our confidential consultation form, and we will contact you.
Alabama State Hazing Laws
There is no specific federal law directly addressing hazing. Instead, state law defines the particulars of the practice, as well as its prohibition. Alabama statutes specify hazing as the following:
- Willful actions taken or situations created, on or off any school premises, which recklessly or intentionally endanger any student's mental or physical health.
- Acts that include but are not limited to "offering, threatening, or attempting to strike, beat, bruise, or maim, or do physical violence" to any student, whether alone or with others.
- Connections with initiation into or affiliation with any organization.
Critically, hazing does not include customary athletic events or similar contests or competitions, such as reasonable or traditional bonding exercises. Hazing also does not include corporal punishment administered by officials or employees of public schools when aligned with policies adopted by local boards of education.
The statute mandates that educational institutions must adopt anti-hazing policies, specifically outline prohibited behaviors, and prescribe appropriate penalties. It also requires institutions to report hazing incidents to law enforcement agencies when necessary. Moreover, failing to promptly report the presence and practice of hazing in Alabama schools is also considered a punishable offense.
How Do Alabama Schools Handle Hazing?
Alabama colleges and universities draw from the above state law in creating anti-hazing policies. There are many similarities between schools, and those like the University of Alabama begin with a simple definition of hazing: "any act that threatens or inflicts physical, emotional, or psychological pressure or injury…or that purposely demeans, degrades, or disgraces an individual."
Generally, there are common examples of punishable behavior given in the student code of conduct. The University of Alabama Birmingham lists the following as examples of hazing subject to its grievance procedures:
- Unreasonable interference with another student's academic performance.
- Forced actions or inactions that demean or disgrace an individual.
- Personal servitude, such as mandatory driving or laundry duties.
- Forced or coerced consumption of food, alcohol, drugs, or any other substance.
- Unnecessary physical contact, such as hitting, slapping, or beating.
- Forced or coerced wearing of conspicuous or inappropriate clothing.
- Creation of unnecessary fatigue, including sleep deprivation.
- Forced or coerced exclusion from social contact.
While some examples may be vague in encompassing various situations, other schools get more detailed. Auburn University lists further examples of hazing subject to disciplinary action:
- Carrying items for others for no constructive purpose.
- Restriction of privileges entitled to active members or students.
- Instances of non-purposeful questioning or testing.
- Prohibition of use of personal vehicles, bicycles, or university transportation.
- Unreasonable exposure to weather.
Schools also work to protect those who come forward with hazing allegations. The University of Alabama explains that no student who has made a "good faith report" of hazing may be retaliated against. Likewise, school employees can be disciplined for doing so, too.
Disciplinary Investigations and Hearings
Colleges and universities have disciplinary boards within their student service departments that handle misconduct allegations. Reports citing hazing can often be submitted anonymously, encouraging more individuals to come forward, but it also opens the door for an increase in the rate of false accusations. Nevertheless, once a report is received, the school's disciplinary board initiates an investigation, which involves gathering evidence from the accuser (complainant) and interviewing witnesses.
The investigative process is different for every school, and each may take a different approach to notifying the accused student (respondent). Disciplinary boards retain emergency powers to levy interim sanctions, if necessary, against those accused, such as a short-term suspension. While occurrences involve allegations of physical harm or threats, they can happen to innocent students.
Investigations attempt to establish whether the alleged behavior constitutes hazing as defined by university policies and Alabama state law. If sufficient initial evidence supports the allegations, the respondent is formally notified of the charges against them. Respondents are given a chance to meet with a school disciplinary officer to receive further information about their rights during the process and the potential consequences. For students at the University of Alabama, they will have three options:
- Accepting responsibility without a hearing.
- Requesting a formal letter outlining the school's findings before deciding how to proceed.
- Immediately requesting a formal hearing.
Other colleges and universities throughout Alabama may provide different options to students, but each must give the chance for a formal hearing. No matter what any particular school offers, students must request a formal hearing to exercise their due process rights.
Hearing Procedures for Hazing Charges
The disciplinary hearing is conducted by a panel that will include a variety of faculty, staff, and student representatives. During the hearing, complainants and respondents may retain an advisor to assist them, but they may only act in an advisory capacity and not answer for them or represent them to the disciplinary panel.
Most colleges and universities follow similar disciplinary hearing processes and will proceed using the steps below:
- A hearing officer, sometimes called a conduct administrator or panel chair, will introduce the panel and allow the complainant and respondent to make an opening statement.
- Each party may cross-examine the other party and witnesses.
- Members of the panel may question the parties and their witnesses.
- The complainant and respondent may make any closing remarks.
- The panel will adjourn the hearing to make its determination.
The final decision may involve a majority vote of the panel members. In the event of a tie, the hearing officer or official presiding over the hearing is often the deciding vote. Schools typically use a "preponderance of the evidence" standard when weighing whether the student was responsible. This means that although the school has the burden of proof, the evidence only needs to show that the respondent is more likely to have been responsible than not.
Final decisions are sent to all parties through certified mail or the school's online communication portal. There is a short period—usually five to seven days—where the student must accept the panel's determination and agree to the sanctions imposed or decide to file an appeal.
Consequences of Hazing Charges
Alabama's colleges and universities impose similar punishments on students who are found responsible for hazing. For example, Samford University's hearing panel has the authority to hand down the following sanctions:
- Official reprimand made a part of the student's permanent record.
- Revocation of awards or honors—academic or otherwise—received by the student as a result of the violation.
- Remedial activities, such as educational classes or community service.
- A probationary period where students may not participate in co-curricular or extracurricular activities.
- Suspension from school for a specified period
- Expulsion for an indefinite period or permanently.
In conjunction with Alabama state law, students found responsible for hazing face further repercussions. Any person who participates in the hazing of another, whether individually or with a group or organization, forfeits any entitlement to public funds, scholarships, or awards.
Can You Appeal Punishments for Hazing?
Students found responsible for hazing charges have the right to appeal their school's decision. However, there is normally a narrow bandwidth of eligibility for case reassessment.
The timelines to file appeals can vary between schools, but for most, students have seven days or less. Alabama State University only offers five days to submit appeals, and they only review an appeal for the following reasons:
- Lack of due process, where procedural errors occurred, or there were arbitrary findings based on the evidence presented.
- Evidence does not support the charges or the punishment imposed.
- New evidence exists that was unavailable or not considered that would change the nature of the outcome.
If the appeal passes the above thresholds, the case is reassessed by school officials. Typically, a different governing body or administrator will review the appeal and make one of the following determinations:
- Find no error and affirm the decision of the disciplinary panel.
- Recognize irregularities, additional pertinent evidence, or prejudicial errors sufficient enough to overturn the decision.
- Remand the case to the appropriate body for further adjudication.
Following the decision, disciplinary action is final. If the hazing charges led to a suspension or expulsion, students may need to vacate campus by the end of the day to learn of the decision.
Long-Term Impacts to Your Future
For students found responsible for hazing, the negative implications don't just end with school discipline, regardless of whether it ends in a separation from studies or not. The loss of scholarships or grants can mean that even if the student remains enrolled, they lose their means of paying tuition. Also, any interruption in academic progress, probation, or additional educational requirements may cause students to delay their original graduation date.
Furthermore, hazing consequences go beyond the campus gates. Many graduate programs require applicants to disclose disciplinary actions during the admissions process, and hazing charges will affect the chances of acceptance. Even after students obtain their diplomas, gaining employment can be hindered by school disciplinary charges, especially for work in government, military, and law enforcement jobs. If graduates pursue a profession that requires licensing—healthcare, education, legal work—a disciplinary record will impact credibility with a number of governing boards.
Hazing allegations can quickly lead to life-long consequences even if students are caught in a mishandled situation. False accusations because of torn friendships or the pressure to succeed, among others, are genuine concerns for all on college campuses. Since schools address hazing swiftly, the risk of hasty and unfair procedures is real for anyone accused.
How Can the Lento Law Firm Student Defense Team Help?
If you're facing hazing allegations at an Alabama college or university, the last thing you want to do is defend yourself alone. In the student disciplinary process, there is no guaranteed presumption of innocence, and the school has a low bar to hurdle in proving their case against you. For the best outcome in your case, retain the Lento Law Firm Student Defense Team.
While students may entertain advertisements from local trial attorneys that boast about their courtroom tactics, take a step back and reconsider. The strategies used to mitigate school discipline are very different from those used to persuade a judge or jury. With lower evidentiary standards, shorter timelines for case discovery, and fewer chances for redress, you need a team with a delicate approach to keep you aligned with your studies, not tied up in court for months, if not years.
The Lento Law Firm Student Defense Team is an invaluable resource to Alabama students for the following reasons:
- Gathering evidence and witness testimony to support your defense.
- Drafting a response to the allegations and preparing you for the hearing.
- Negotiating with the school's disciplinary authorities and Office of General Counsel.
- Fulfilling rights to appeal, including taking the case to further litigation.
Don't take unnecessary risks with your academic or professional future. If you are an Alabama college student facing discipline for hazing allegations, we will protect your rights and help you obtain the most favorable resolution possible. Contact us at 888-535-3686 or use our confidential consultation form.
