College and university students are focused on getting good grades, pursuing their career goals, and learning a little more about who they are outside of their parents' homes. However, college can be a lonely place, and many students do everything they can to join clubs and organizations that will help them make friends. Unfortunately, many such students will be accused of hazing and forced to endure an investigation, disciplinary hearing, and school-mandated punishments, including suspension or dismissal from their program.
When facing a college disciplinary action, it is completely normal to feel overwhelmed, unprepared, and terrified of the outcome. Especially when many accused students have never had to defend themselves in such an arena before. This stress and overwhelm is compounded when students realize life outside of their defense does not stop. They are still expected to turn in papers, show up for work, and attend their classes.
It is crucial you contact an attorney the moment you learn of the accusations of hazing against you. Your student defense attorney will review the accusations and begin building a defense immediately so that you are fully prepared at each stage of the disciplinary process – from the initial interview and questioning through any necessary appeals you may need.
Sadly, college and university students will try to defend themselves instead of hiring a student defense attorney for guidance. More often than not, these students are unsuccessful and end up being harshly punished. The Lento Law Firm Student Defense Team is full of skilled attorneys with the unique legal skills you need to succeed during these disciplinary hearings. Call 888-535-3686 today or schedule a consultation online.
What is Hazing in Oregon?
Before understanding the individual college or university's anti-hazing laws, it is important to familiarize yourself with the state criminal law concerning hazing, as it will likely impact the school's definitions. In Oregon, hazing is defined as:
- subjecting an individual to physical brutality, such as whipping, beating, striking, branding, or electronic shock, or placing a harmful substance on their body;
- subjecting an individual to an activity that could adversely affect their physical health or safety or subject them to an unreasonable risk of harm, like sleep deprivation, exposure to the elements, or confinement in a small space;
- compelling an individual to consume food, liquid, alcohol, cannabis, controlled substances, or other substances that adversely affect their physical health or safety or subject them to an unreasonable risk of harm; or
- inducing, causing, or requiring an individual to perform a duty or task that involves an act of hazing or the commission of a crime.
Typically, those involved with hazing accusations will be student organizations, members of such organizations, or individuals hoping to become members of the organization. Thus, these individuals can be guilty of the criminal offense of hazing under Oregon law if they have hazed someone as a condition or precondition of that person's membership in the organization or gaining status in the organization.
Hazing in Oregon Colleges and Universities
Given the state of Oregon's criminal prohibition on hazing, most colleges and universities, whether public or private, have anti-hazing policies in place. These policies outline the school's definition of hazing, how to report hazing, the disciplinary process for a student or student organization accused of hazing, and the punishments the accused student may face if found responsible.
It is also important to note that while colleges and universities do not have to refer students to local law enforcement for incidents of hazing on campus, they do have every right to do so if they so choose. As such, hiring a student defense attorney when you learn of the accusations against you is incredibly important. The Student Defense Team at the Lento Law Firm will work quickly to ensure you are not being unnecessarily punished by more than just your school.
Oregon State University (OSU), considered the largest university in the state, has a particular anti-hazing policy. Under this policy, hazing is defined as any action that jeopardizes a person's safety or mental, emotional, or physical health or damages or destroys personal property for membership or participation in a group or organization. The policy goes on to describe acts that establish hazing when they include the above elements:
- illegal acts;
- interfering with a student's academic performance by preventing them from going to class, studying, or other academic activities;
- making another person consume any substance;
- making them participate in calisthenics, exercise, or other games or activities that require physical exertion;
- forcing them to endure weather or other physically or emotionally uncomfortable situations;
- forcing them into excessive fatigue, like sleep deprivation, physical activities, or exercise;
- any kind of physical brutality, like paddling, striking, and branding;
- kidnapping or transporting someone with the intent of stranding them;
- forcing them to behave in ways that would reasonably be embarrassing or undignified;
- intentionally creating work or labor for them;
- making them commit a sexual act or engage in lewd behavior;
- forcing them to destroy, deface, or remove private or public property.
If a student or student organization at OSU is accused of hazing, they will be notified of the allegations and the details of their hearing. Students and student organizations will then attend an administrative conference. During this conference, the accused student will have the opportunity to explain their side of the story and present evidence and witness testimony to support it.
After the administrative conference, the disciplinary committee will meet to review the information and determine whether the student or the student organization is responsible for hazing. The hearing officer must make this decision by a preponderance of the evidence, meaning the school must show that there's a greater than 50% chance that the student or student organization is responsible for this incident of hazing.
When the committee decides that the student or student organization is responsible, it will notify the student and inform them of the sanctions it will impose. For instance, these sanctions may include:
- Warning
- Required educational activities
- University or community service work hours
- A written list of specific behavioral expectations that the university requires of the student for them to continue to go to school there.
- Restitution
- Restriction or exclusion from freely moving around the campus.
- No contact directive
- Removal from a class with the victim.
- Residential Disciplinary probation
- University conducts probation
- Deferred suspension
- Suspension
- Expulsion
- Student organization recognition revocation
- Degree revocation
The University of Oregon and Eastern Oregon University have nearly the exact same anti-hazing policy as OSU, including the disciplinary process and the stated sanctions. As such, if a student is found responsible of hazing at those schools, they can be punished with loss of their degree, suspension, and expulsion. The exact sanction will depend on the facts of the case.
The Appeals Process for Hazing in Oregon Colleges
After the hearing committee's decision, you will receive instructions on how to pursue an appeal. Most schools only allow appeals when they are made on specific grounds. For instance, at Lewis & Clark University, students can only pursue an appeal when:
- A procedural or substantive error occurred that seriously affects the outcome of the hearing.
- The decision reached during the hearing was not based on substantial information (i.e., it did not meet the preponderance of evidence standard).
- The sanctions imposed were disproportionate to the alleged violation committed.
- There is new information available now that would have been sufficient to alter the decision but was not available at the time of the original hearing.
Appeals must be made in writing to the appellate officer or hearing board within five business days of receiving the hearing committee's decision. Once delivered, the appellate officer or board will review the appeal and determine whether the issue should be reheard, the matter dropped altogether, or if the original decision should hold. Whatever that deciding individual's determination, it is final and cannot be appealed further.
Consequences for Hazing Disciplinary Actions
Students who are found responsible for hazing at their Oregon colleges and universities will experience a tremendous amount of issues following the hearing committee's decision. For instance, they can be suspended from school or expelled. When this happens, the punishment is noted on their final transcripts. So, any student found responsible for hazing will have a difficult time gaining admission to another college or university. This, in turn, will make it quite difficult for the accused student to finish their education. Depending on their career goals, this can prevent them from achieving them.
Moreover, being sanctioned by your college or university can negatively impact your mental and emotional well-being. For example, students or student organizations who are accused of hazing and forced to endure strict punishments can begin to feel down about themselves. Their futures have been cut off, and they're being forced to figure out how to cope. Some students may not be able to cope at all, their anxiety, depression, and paranoia interfering with their daily lives and preventing them from achieving their goals.
As you can see, even the most level-headed students can begin to feel overwhelmed and stressed when dealing with such accusations. A mindset like this can seriously disrupt the student's life, tanking their grades, damaging their self-esteem, and potentially encouraging them to misbehave in the future.
The only way to make sure you are not being pushed into this kind of vicious cycle is to work with an experienced student defense attorney. The Lento Law Firm 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
The Lento Law Firm Student Defense Team is experienced in helping students across the country defend themselves against hazing accusations, especially college and university students. Whether you are a student at a public college, a private university, or other post-secondary programs, our team can help, including such schools as:
- Oregon State University
- University of Oregon
- Eastern Oregon University
- Oregon Tech
- Blue Mountain Community College
- Portland State University
- Southern Oregon University
- Central Oregon Community College
- Clackamas Community College
- Chemeketa Community College
- Klamath Community College
- Columbia Gorge Community College
- Western Oregon University
- Oregon Coast Community College
- Lewis & Clark College
- Reed College
- George Fox University
- Corban University
- Pacific University Forest Grove Campus
- Warner Pacific University
- Bushnell University
- Linfield University
- New Hope Christian College
How the Lento Law Firm Student Defense Team Can Help
Any time you are accused of violating your school's code of conduct, you can be disciplined by the school. However, students are entitled to defend themselves against such accusations and to hire counsel to help them do so successfully.
Sadly, many students believe they can show up for the hearing and try to talk themselves out of the situation. They don't work with counsel and certainly do not present their defense appropriately, leaving themselves open to the other side. As such, they are rarely successful in their defense cases and are forced to suffer through years of punishments and their consequences.
The Student Defense Team at the Lento Law Firm understands how overwhelming these disciplinary hearings can be. That's why they will work diligently to ensure you show up to each meeting fully prepared. Moreover, they will gather evidence and witness testimony on your behalf to help bolster your defense.
There are so many things you hoped to be doing in college and so many dreams you have for the future. You shouldn't have to throw them away just because of a hazing accusation. Call 888-535-3686 today or schedule a consultation online.
