Going to college or university is hard enough without adding disciplinary actions to your plate. Most students are so focused on pursuing their goals and making friends that they may not even notice when they are involved in a hazing scheme. As such, these students can find themselves in challenging positions when accused of hazing. The prospect of facing disciplinary action can be daunting, especially for those unfamiliar with such proceedings. Many students experience anxiety and confusion, struggling to balance their defense with ongoing academic responsibilities and personal commitments.
It's essential to seek legal counsel immediately upon learning of hazing allegations. A student defense attorney can assess the situation, develop a robust strategy, and guide you through each phase of the disciplinary process. From initial questioning to potential appeals, having experienced representation ensures you're adequately prepared for every step.
Unfortunately, some students attempt to navigate these complex proceedings without professional assistance, which frequently leads to unfavorable outcomes and severe consequences. The Lento Law Firm Student Defense Team comprises experienced attorneys with the specialized experience necessary to effectively advocate for students in these unique disciplinary hearing s. Call 888-535-3686 today or schedule a consultation online .
What is Hazing in New Mexico?
While your college or university will have a specific anti-hazing policy, it is essential to understand the state criminal law on hazing to see how it has impacted the school's policy. In New Mexico, hazing is defined as :
- An action that is committed as part of their recruitment, pledging, initiation, or admission into or affiliation with a student organization, athletic team, or living group,
- or any activity that is done because of such an organization, team, or group,
- that causes or is likely to cause, physical harm, serious psychological or emotional harm, or bodily danger to a student or other person who attends a public or private post-secondary educational institute.
According to this statute, causing, directing, coercing, or forcing someone to consume drugs, food, liquid, alcohol, or other substances that could put them at risk of such harm, whether or not they consented to participate, is also considered hazing.
Hazing in New Mexico Colleges and Universities
As New Mexico state legislation prohibits hazing, almost all of their colleges and universities have posted anti-hazing policies. These policies direct students and witnesses on how to report hazing incidents, how the incident will be investigated and adjudicated, and the kinds of punishments students found responsible for hazing could be given.
For instance, the University of New Mexico has a zero-tolerance policy for hazing. Under this policy, hazing is defined as any act directed against one or more students that would endanger the mental or physical health or safety of a student and is done to gain membership in, maintain membership in, hold office in, or be affiliated with a student organization. This act can be unintentional or intentional, knowing or reckless, such as a public stunt, buffoonery, or morally degrading. Moreover, it does not matter if the incident occurs on or off university premises or if the student subjected to the hazing consented.
The University of New Mexico goes on to identify and define three types of hazing, including:
- Subtle hazing is actions that emphasize a power imbalance between a student and the members of the organization, such as silent periods with implied threats for violating the silence, social isolation for new members, or name-calling pledges.
- Harassment hazing: actions that create emotional anguish or physical discomfort and are meant to promote a feeling of belonging to the organization, like verbal abuse, threats, sexual simulations, and sleep deprivation.
- Violent hazing: actions that can cause physical, emotional, or psychological harm, such as bondage, water intoxication, or branding.
When a complainant believes an incident of hazing has occurred, they are encouraged to report it to the Dean of Student's Office. Depending on the type of behavior involved in the incident, the Dean of Students may refer the issue to a different department. However, if the Dean of Students holds on to the accusation, they will begin by reviewing the complaint and determining if any interim measures should be employed. If the accusation is grievous enough, the Dean may issue interim measures, like having the accused student removed from campus or changing their class schedule until the issue can be resolved.
Once the Dean reviews the allegations, they will notify the accused student of them and begin a preliminary interview and investigation process. Sometimes, the Dean or the Student Conduct Officer will propose that the allegations be resolved through a non-disciplinary Restorative Resolution Process. The accused student must typically agree to the accusations and punishments to participate in this process.
If the student disagrees with the process, they must attend a pre-hearing conference. During this conference, the student Conduct Officer or the Dean will review the allegations and the investigation. They will also interview the accused student and decide how to proceed. Again, the accused student will be offered an Outcome Agreement to sign, which avoids a formal disciplinary hearing but requires that the student agree to the accusations.
In cases that cannot be resolved in one of these preliminary hearings, the school will move on to adjudicate the complaint through either an administrative or formal hearing. The administrative hearing is between a Hearing Officer and the accused student. They will discuss the alleged hazing incident, and the accused student will have an opportunity to argue against the evidence and investigation report. Administrative Hearings must be resolved within three weeks.
A formal hearing, on the other hand, offers the accused student a chance to present a proper defense to the accusations, including evidence, witnesses, and the chance to question other parties. When a student is found responsible for hazing after a formal hearing, the Hearing Officer will also determine which punishments to impose on the student.
Eastern New Mexico State University also has a posted anti-hazing policy but specifies it for the athletics department. Under this policy, the school can discipline students for any activity or situation that endangers the mental or physical health or safety of the participants, makes them physically uncomfortable, or subjects them to harassment, ridicule, or embarrassment. The activity or situation can be done intentionally or unintentionally, with or without consent. If a student-athlete participates in these kinds of activities or situations, they will be disciplined and risk losing their financial aid and ability to practice or compete on their team.
The Appeals Process for Hazing in New Mexico Colleges
Once a student accused of hazing finishes the disciplinary hearing at their university or college, the individual that oversaw the hearing will review everything presented and determine whether the accused student is responsible for hazing. They will notify the student of their decision and lay out the steps for the student to make their appeal of this decision.
While the exact appeals process will differ from school to school, it typically must be made on a particular ground and within a certain period of time. For example, at New Mexico State University, students must make their appeals on one of the following grounds:
- A significant procedural error occurred during the disciplinary process, which makes it likely that the outcome of the case was affected.
- The decision-maker was biased or had a conflict of interest that was so significant that a reasonable person would not believe their decision could be made objectively.
- The record does not show evidence that would make a reasonable person find the student responsible for the alleged misconduct by a preponderance of the evidence. Thus, the decision appears to be arbitrary and capricious.
- New evidence that was not reasonably available during the hearing is now available and would more than likely have affected the hearing officer's decision.
- The sanction imposed is inappropriate for the level or nature of the violation the student is supposedly responsible for.
Students at New Mexico State University have five days from receiving the Hearing Officer's decision to submit their appeal in writing to the Dean of Students. The Dean of Students then has three days to transfer the appeal to the Appeal Officer, who must make a decision within 20 days of receiving the hearing record.
Once the Appeal Officer reviews the record and submits their decision, it is final and cannot be appealed further. Working with a student defense attorney during this time is incredibly important for any student found responsible of hazing by their college or university.Consequences for Hazing Disciplinary Actions
New Mexican college and university students who are found responsible for hazing can face severe consequences. For instance, they can be suspended or dismissed from their school, which is usually notated on their final transcripts. This notation will significantly hinder the student's ability to gain admission to other institutions, potentially derailing their educational and career aspirations.
Depending on the sanction imposed by your university or college, it can negatively impact your mental and emotional well-being. For example, students self-esteem who are accused of hazing and punished for it may begin to have their self-esteem affected. Emotional distress like this can impact their academic performance and self-worth and may cause feelings of depression, anxiety, and even paranoia.
Feelings like this can be incredibly difficult to navigate, preventing students from building healthy coping skills and inhibiting them from achieving their life and career goals. As such, it is important to fight these accusations from the moment you learn of them. Do not give your mind the opportunity to experience these negative consequences.
The best way to avoid these severe repercussions is to ensure you are familiar with your school's hazing policy, as well as their disciplinary policies, and to seek guidance to ensure you are not being punished unnecessarily.
The Lento Law Firm Student Defense Team understands how overwhelming these accusations can be and will work diligently to completely prepare you for your hearing. They will not only act as a guide during these proceedings but as avid advisors and consultants, ensuring you are not being forced to endure harsh punishments like suspension or expulsion. Has spent years helping students in a similar situation. They know exactly what kind of defense will be best for your case, how to build it, and how to prepare you for the hearing day.
Where Can the Lento Law Firm Help
Whether you attend a public college, private university, or some other post-secondary program, the Student Defense Team at the Lento Law Firm can help. They have helped students defend themselves against such hazing accusations nationwide, including at such schools as:
- New Mexico Tech
- Eastern New Mexico University
- New Mexico Military Institute
- New Mexico State University
- University of New Mexico
- Dona Ana Community College
- Western New Mexico University
- Santa Fe Community College
- Central New Mexico Community College
- New Mexico Junior College
- Clovis Community College
- New Mexico Highlands University
- Southeast New Mexico College
- Navajo Technical University
- Brookline College
- San Juan College
- Northern New Mexico College
- Pima Medical Institute
- St. John's College
- University of the Southwest
- Institute of American Indian Arts
- Southwestern Indian Polytechnic Institute
- Carrington College
How the Lento Law Firm Student Defense Team Can Help
When you are accused of violating your school's code of conduct, you have the right to defend yourself and seek legal counsel. Many students mistakenly believe they can handle disciplinary hearings on their own, often resulting in unsuccessful defenses and long-lasting consequences.
The Lento Law Firm Student Defense Team is highly skilled at helping students navigate these overwhelming situations. They will work tirelessly to ensure you are fully prepared for each meeting and will gather evidence and witness testimony to strengthen your defense.
Disciplinary actions for hazing can have severe impacts on your academic and professional future. Punishments may include suspension or expulsion, which usually show up on your transcript and will hinder future educational opportunities. Additionally, the emotional toll of facing such accusations can affect your mental well-being and academic performance.
It is crucial to understand that hazing accusations do not have to derail your college experience or future aspirations. With proper guidance, you can defend against these charges and protect yourself. Don't let a hazing accusation jeopardize the dreams and goals you have set for yourself in college and beyond. Call 888-535-3686 today or schedule a consultation online .
