Many college students consider hazing an expected and necessary part of joining a school group, but school officials rarely see it that way. In recent years, many schools across Delaware have dealt with hazing scandals that dominated local news cycles and tarnished the school's reputation. Now, the enforcement of hazing policies and resulting punishments are often severe and swift.
If your Delaware college has accused you of hazing, you should be prepared for a thorough investigation and serious punishments should your school find you responsible. You need help to avoid the worst, and the Lento Law Firm is ready to step up.
Call our Student Defense Team today at 888-535-3686 or contact us through our website to get started. Every Delaware college student, regardless of where they attend school and what their accusations entail, deserves legal representation that will fight for their rights when their future is under threat.
How Hazing Laws Influence College Anti-Hazing Policies in Delaware
Under Delaware law, hazing is broadly defined as any act or situation recklessly or intentionally endangers a student's physical or mental well-being for the purpose of initiation or continued membership in a student organization. Included in this definition are specific actions that could cause bodily harm, such as forced exercise, and activities that inflict mental stress, like social isolation. Even if a student willingly participates, these activities are presumed coercive, as they involve an initiation or membership process.
While Delaware law clearly defines and prohibits hazing, its primary impact on students is how universities deal with hazing within their own policies. Every institution of higher education in Delaware must establish a comprehensive anti-hazing policy aligned with state law to reduce hazing and punish students engaged in the behavior. Penalties apply to individuals and organizations, and schools have the authority to punish students for hazing incidents on or off campus.
For Delaware students, the takeaway is that hazing is something that state legislators and universities both recognize as a serious issue necessitating swift and often significant punishment. When your college accuses you of hazing, you need a legal partner who is just as committed to hazing defense as school officials are to hazing discipline.
The Lento Law Firm works nationwide, including in Delaware, to protect students from overzealous discipline and empower them to continue their studies without interruption. If hazing accusations are currently threatening your academic future, get in touch with our Student Defense Team today.
Hazing Examples
Delaware law provides specific examples of many hazing acts, but it also clarifies that any actions meeting the stated criteria are also classified as hazing. State schools use this law as a basis for their anti-hazing policies and typically list potential violations in Codes of Conduct, which often include:
- Forced Physical Labor: New members may be required to undergo physically demanding tasks, such as cleaning entire buildings or performing heavy manual labor, to "prove" their dedication to the group.
- Deprivation of Basic Needs: Depriving group members of essential needs, such as sleep, food, or bathroom access.
- Verbal Harassment and Abuse: Yelling, screaming, or using derogatory language aimed at intimidating or humiliating new members. In some cases, this verbal abuse focuses on someone's race, religion, sexual orientation, or similar protected characteristics.
- Sexualized Acts: Hazing rituals often involve forcing individuals to participate in or simulate sexual acts, such as lap dances and stripteases.
- Coerced Public Embarrassment: Members might be required to perform humiliating acts in public to strip them of their sense of self-respect and prevent them from seeking friendship or validation from other communities.
- Dangerous Stunts: Hazing can involve risky physical challenges that injure members or put their lives at risk.
- Mock Kidnapping: Some groups may simulate abduction scenarios where new members are blindfolded, transported to unknown locations, and subjected to fear-inducing situations.
- Physical Assault: In extreme cases, hazing can involve extreme physical violence, often taking the form of paddling, beating, or branding. Even when senior members mimic these actions as a joke and don't make physical contact, the risk of harm is still present.
One of the most significant concerns surrounding hazing allegations is that even students who did not engage in these acts of hazing may still be on the hook. Many Delaware schools consider passivity as a tacit endorsement of the hazing unless those same students come forward to report the incident to school officials.
Whatever the specifics of your case are, you should never endure disciplinary punishment for actions you didn't commit. The Lento Law Firm will argue for leniency and reduced punishment based on the facts of your case, aiming for a complete dismissal.
How Delaware Universities Can Punish Students for Hazing
The biggest mistake you can make when accused of hazing by your university is assuming that it's not that big of a deal. Once the term 'hazing' is in the mix, you are no longer dealing with simple punishments for rambunctious misbehavior. Hazing punishments from many top Delaware schools can be both severe in the short term and devastating to your long-term academic and professional career.
Disciplinary Warnings
Colleges can issue formal written notices to express disapproval for hazing and other related acts that violate student Code of Conduct policies. These warnings can either be internal, where they only factor into future disciplinary decisions, or public, which can lead to other institutions learning about the behavior in the future.
Fines and Fees
Some Delaware schools require students to pay for restitution in instances where hazing events lead to the theft or destruction of school property. Similarly, they can often impose fees for violations of Code of Conduct policies as a requirement for continued enrollment. If a student attends the school through a school-provided scholarship, these funds are also at risk.
Probation
Delaware universities may punish students or student organizations with disciplinary probation for hazing. During this probationary period, school officials will monitor those accused of hazing and ensure that they continue to comply with school policies until their probation expires.
Organizational Punishments
Hazing, by definition, occurs within the context of a student organization, usually a sports team, fraternity, or sorority. When hazing happens on campus, it's very rare that only one student gets accused of misbehavior. Delaware colleges have the power to suspend and sanction student organizations, place them on probation, or prevent students from joining these organizations in the future.
Suspensions
Suspensions can take many forms, all of which jeopardize a student's future:
- Housing suspensions prevent students from residing within university housing.
- University suspensions prevent students from attending classes, stepping on campus, and participating in student organizations for a set period.
- Deferred suspensions do not prevent a student from residing on-campus or attending class but automatically escalate to a suspension if the student fails to follow school policies.
Unless a suspension is deferred, notice of the suspension will likely appear on a student's transcript.
Expulsions
Expulsion from a Delaware college immediately and permanently prevents a student from attaining their degree and having any continued association with the school. Similar to a suspension, an expulsion will appear on a student's transcript and permanent record.
How These Punishments Can Affect You
At first glance, some of these punishments may not seem too bad. It's never enjoyable to pay a fine or have administrators scold you, but to what extent can these actions affect your future? Regardless of severity, there are two primary ways that disciplinary punishments can follow you for years to come.
First, it's impossible to know what punishment you will receive before you receive it. A small fee might be something you can live with. But, if the punishment handed down by school officials is a suspension or expulsion, it would be a completely different story. Don't gamble with your future when facing hazing accusations by your school. Call the Lento Law Firm today to reduce the chances of severe punishment from your college.
Second, hazing punishments go beyond their immediate impacts, and any short-term hardship is not what you should focus on. Having a black mark on your transcript is similar to having a criminal history; for the foreseeable future, educational institutions and potential employers are going to have questions for you that you need to answer. If a graduate program is choosing between a student with a permanent record and one without, they often opt for the one with less baggage.
While these issues are more likely to affect you after a suspension or expulsion, the risk is always there if an official disciplinary process determines you have committed hazing. After a three-day suspension, you might forget about the hazing incident, but your transcript won't. Specific school policies on which punishments apply to your permanent record differ, and it's much safer to clear your name than gamble on your future.
The goal of the Lento Law Firm is to defend the names of students who are unfairly dealing with accusations of hazing from their universities. If dismissing your allegations isn't possible, our Student Defense Team will fight for minimal punishment to help you put this situation behind you and focus on the rest of your academic career.
No disciplinary punishment, however small, carries zero risk. The faster you contact the Lento Law Firm, the faster we can begin building a robust defense against all hazing accusations you are dealing with.
Disciplinary Process at Delaware Universities
You shouldn't expect college disciplinary proceedings to be as professional and in-depth as criminal trials for similar charges. However, that doesn't mean schools decide things on the fly. Delaware colleges outline their internal processes in student Codes of Conduct, with most including the following steps:
- Initial Report and Complaint: The process begins when someone files a complaint against a student. Reports can come from anyone, be it a peer, faculty member, or anonymous source. Often, universities provide hazing-specific reporting forms to allow for easy reporting and quick resolution to serious cases. Most universities review the complaint to determine if it warrants further investigation before notifying the student.
- Notification of Accusation: Once the university deems the complaint valid, it notifies the accused student in writing, providing details of the alleged incident, the violated policies, and what the student should do next to respond. Students will have the opportunity to respond, acquire legal representation, and attend future hearings to explain their side of the story.
- Investigation Process: The university gathers evidence that can help prove or disprove the allegations in the report. For hazing, this often includes statements from organization members and any others who may have first-hand knowledge of the alleged behavior. Investigators from the Office of Student Conduct or a similar body typically handle this phase. The student may be asked to participate in interviews, but they must consider how their responses might be used in the case. Experienced legal representation like the Lento Law Firm can prevent any statements you give from incriminating yourself or weakening your defense.
- Informal Resolution or Conference: Some universities offer an informal resolution process or conference before a formal hearing. During this meeting, the student and university representatives discuss the allegations and potential resolutions. If both parties agree, the case may be resolved here, potentially leading to reduced penalties. If not, the case moves to a formal hearing.
- Formal Hearing: A formal disciplinary hearing is scheduled if the case isn't resolved informally. Both the university and the student present their evidence and arguments before a disciplinary board or committee. The hearing board generally has the authority to determine the credibility of the report's allegations based on their understanding of the events, which differs from a criminal court's higher standard for establishing guilt.
- Decision and Sanctions: If the student is found responsible for hazing, the board decides on appropriate sanctions based on the student's involvement, previous disciplinary history, and other extenuating factors. They will send a written notification to the student, including any restrictions and penalties imposed.
- Appeals Process: Students found responsible for hazing have the right to appeal the decision. Appeals can be based on new evidence, procedural errors, or other grounds outlined in the university's policies. The appeals process offers a final opportunity to challenge the outcome, but it typically must be filed within a short window after the initial decision.
Every school in Delaware handles discipline uniquely; no federal or state law mandates standardized procedures across all campuses. Unfortunately, this means that students who haven't read their school's Code of Conduct from front to back are unlikely to fully understand their rights and responsibilities when accused of hazing.
That's where the Lento Law Firm can step in. Our Student Defense Team has vast experience representing students across the country accused of numerous violations, including hazing. We understand how colleges generally establish their disciplinary proceedings and can quickly set you on the path to success after reviewing your school's policies.
In fact, the Lento Law Firm likely has direct experience representing students from your college in the past, including those attending:
- University of Delaware - Newark
- Delaware State University - Dover
- Wesley College - Dover
- Goldey-Beacom College - Wilmington
- Delaware Technical Community College - Dover
- Wilmington University - New Castle
Regardless of what school you attend, the Lento Law Firm Student Defense Team is here to help. Allegations of hazing are not something you can easily counter on your own, and we are prepared to fight for your future.
The Lento Law Firm Protects Delaware Students From Hazing Accusations
College disciplinary proceedings won't directly lead to criminal charges, but in a lot of ways, they have an even greater effect on your life over the long term. Colleges also don't have to align their processes with the rigorous standards set by state law regarding due process, bias, and evidence gathering. If you are entering disciplinary proceedings without an attorney who will advocate for your rights, you are setting yourself up for failure.
The Lento Law Firm has offices nationwide, including here in Delaware, and we are dedicated to helping students protect their names when their school accuses them of policy violations like hazing. Our Student Defense Team will be a strong advocate during tense, stressful, and often complex negotiations with your school's officials. Call today at 888-535-3686 or contact us through our website to supply more information and secure the help you need.