Universities and colleges across the country have strong code of conduct policies for disciplining students that are subject to the offense of hazing. Colleges and universities are required to maintain a safe environment for their students, and it is inevitable that misconduct violations like hazing will be taken seriously by a university or college.
A 2008 study on hazing of college students revealed that over 55% of students had experienced hazing in clubs, teams, and organizations. The most common forms of hazing reported were excessive alcohol consumption, humiliation, sleep deprivation, and sex acts. Although up to 95% of hazing goes unreported, the misconduct violations that are reported can have swift and severe consequences for a student. Also, some schools may not afford adequate due process to a student in the effort to quickly resolve a hazing violation.
If you or your college student have been accused of a hazing code of conduct violation in a Hawaii college or university, it is essential that you preserve all your rights to due process and pursue all your available remedies with the help of experienced attorneys. The Student Defense Team at the Lento Law Firm has years of experience in defending hazing violations for students in colleges across the country and specifically in the state of Hawaii. Contact The Student Defense Team today or call us at 888.535.3686 .
Statewide Regulations on Hazing in Hawaii
Hawaii is one of six states that have no specific state statutes regarding hazing violations. The National Association of State Boards of Education states that in Hawaii, “State law prohibits hazing as a violation of student codes of conduct without requiring districts to adopt hazing policies.” The state law reference is to non-codified administrative rules and regulations which apply only to public schools through grade 12.
The Department of Education in Hawaii does have an administrative policy definition on hazing. “Hazing is defined as any conduct or method of initiation into any student organization or activity, whether in school or off-campus, which willfully or recklessly endangers the physical or mental health of any student. Such conduct shall include, but is not limited to, whipping, beating, branding, forced calisthenics, exposure to weather, forced consumption of any food, liquor, beverage, drug, or other substance, indecent exposure, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical and/or mental health or safety of any student, or which subjects any student to extreme mental stress, including deprivation of sleep or rest, extended isolation, or personal humiliation.” Discipline for hazing would proceed under Chapter 19 of the Department of Education rules.
These disciplinary measures, again, only apply to public school districts in Hawaii but not to public universities or private colleges. The educational body that generally oversees post-secondary education in Hawaii is the Post-Secondary Education Authorization Program. Specific regulations on hazing at the college level, however, will be found in each school's Code of Conduct regulations.
University and College Code of Conduct Violations for Hazing.
The University of Hawaii (UH) System has the largest public university student population in Hawaii with ten different campuses. There are also seven four-year private colleges and universities in Hawaii, where a total of about 11,750 students are enrolled. Although private colleges and universities may have slightly different procedures for disciplining hazing, they are still substantially similar to the public universities in Hawaii. The oldest and largest public UH system campus is the University of Hawaii at Manoa with over 18,000 students. The University of Hawaii's code of conduct will, therefore, be the example used for considering hazing violations.
Hazing Defined
Hazing is defined at the University of Hawaii System under Proscribed Conduct in the Code: “Hazing is an act that endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for the continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is not a neutral act; both are violations of this rule.”
Hazing can occur on or outside campus property or in connection with a program activity. Sanctions for violation of the code of conduct for hazing may be imposed in a wide range by the Student Conduct Administrator, including,but not limited to, a mild written reprimand, up to severe sanctions such as probation or even expulsion of the student .
Reporting and Investigation of Hazing
Any UH member can report an alleged Student Code of Conduct violation for hazing. Reports are submitted to the Student Conduct Administrator or a designee in writing and signed by the reporting party. In an emergency, the Student Conduct Administrator or designee may proceed initially without a written report. Reports should be submitted within 120 days of an incident.
Upon receiving a report, the Student Conduct Administrator or designee will review the report to determine if the allegations have merit. If it does not have merit, the report will be dismissed or administratively resolved, and the decision is final. If the Student Conduct Administrator finds there is a potential violation of the Student Conduct Code, then an investigation is initiated.
The student will be notified of the alleged violations and will be given an opportunity to meet with the Student Conduct Administrator to discuss the allegations. If the student (now known as the Responding Party) does not respond or participate in the process, the Student Conduct Administrator can render a decision and impose sanctions.
The Reporting Party and the Responding Party may both be assisted by an advisor at any meeting or hearing, but that advisor may not be an attorney unless otherwise provided. The Responding Party is responsible for speaking and presenting their own information.
Determination and Decision by the Student Conduct Administrator
The Student Conduct Administrator may dismiss the case if it fails to support the alleged violation. If the Student Conduct Administrator finds that it is more likely than not that the Responding Party violated the Student Code of Conduct, then they will render a decision and sanctions. The Responding Party will be informed in writing of the decision, and documents will be filed in the student's disciplinary record.
Appeal of an Administrative Decision by the Student Conduct Administrator
A student may file an appeal in writing to the Student Conduct Administrator within ten calendar days of the date of the written decision. The grounds for an appeal must include one of the following:
- New Information or other relevant facts that would alter the decision;
- Procedural Error that alleges that the deviations from prescribed procedures resulted in significant prejudice;
- Substantive Facts on whether the information used by the Student Conduct Administrator was sufficient to establish the violation of the Student Conduct Code.
Appeal Procedure
The student's written appeal will be forwarded to the Chair of the Student Conduct Appellate Board for action. The four-person Student Conduct Appellate Review Board will consist of a chairperson nominated by the Student Conduct Administrator and confirmed by the Dean of Students, one faculty member, one staff member, one graduate student, and one undergraduate student.
After receiving the written appeal, the Chair of the Student Conduct Appellate Board and two members will review the appeal and determine if it has merit under the grounds for an appeal. If it does meet one of the grounds, a hearing will be held. If it does not meet one of the grounds, then the Student Conduct Administrator's decision and sanctions are final. The student will be notified in writing of an action on the appeal.
In the event of a hearing, a date and time are set, and the Responding Party may request alternates to the Student Council Appellate Board if they present a claim for bias. A Board member may also choose to recuse themselves.
The Responding Party has the right to be assisted by an advisor at the hearing, but it may not be an attorney unless the Responding Party is also subject to a pending criminal matter arising out of the same circumstances. Advisors are not permitted to speak or participate directly in the hearing. Formal rules of procedure and evidence are not used at the Appellate Board hearing. Evidence such as records, exhibits, and written statements may be submitted and accepted by the Board for consideration. A single record of the Appellate Hearing before the Student Conduct Appellate Board will be recorded but deliberations of the Board are not recorded. The record is the property of the University.
If a majority of the Student Conduct Appellate Board upholds the appeal, the matter is returned to the Student Council Administrator, who will reconsider the original determination and reconsider the sanctions. If the Appeal is denied, the matter is final and binding at the University. All decisions of the Student Conduct Appellate Review Board are final and binding within the University.
In the event that the Responding Party fails to appear without notice or explanation, the Hearing shall not take place, and the original decision of the Student Conduct Administrator will stand.
How the Student Defense Team at The Lento Law Firm Can Help with Your Hazing Defense
A sanction involving hazing is a record that is part of your or your student's university file and may have serious and far-reaching implications. Some of the consequences of a hazing violation can include difficulties being retained at a university, difficulties in obtaining scholarships or grants, difficulties with job applications since the violation is part of the student's record and even difficulties with future professional licensing where a violation may be looked upon unfavorably.
It is essential that you obtain professional legal advice early on in the hazing violation process. A college or university may punish hazing violations severely since hazing violations are a blot on the university's reputation. A university may also seek to resolve these violations quickly and not afford sufficient due process protection to the student during proceedings.
The Student Defense Team at the Lento Law Firm is experienced in dealing with hazing violations in universities and colleges across the nation, including in Hawaii. If your Student Conduct Administrator has already issued a final decision and has recommended a sanction, then it is vital that you preserve your right to an appeal in the short time frame allowed. Your Student Defense Team will help you produce the most persuasive arguments to re-consider the sanction on appeal, which you can then file to re-open the decision on appeal. In the event that your appeal has already been denied, the Student Defense Team at the Lento Law Firm will help you consider all your options.
Considering the seriousness of a hazing sanction on a student's record, do not delay in reaching out to the Student Defense Team at the Lento Law Firm today. If you are facing code of conduct disciplinary charges for hazing, the Lento Law Firm can help. You need the help of a code of conduct defense advisor. Although the disciplinary process is an administrative and not a judicial proceeding, a student must clearly understand how, when, and whether to communicate relevant information related to a hazing violation. The Student Defense Team can help you preserve all of your rights and help you frame your evidence in a persuasive style that protects your due process rights and your administrative remedies. Contact us at the Student Defense Team today or call us at 888.535.3686.
