Navigating the treacherous waters of academic disciplinary proceedings can be a daunting challenge for any student. When confronted with allegations of misconduct, many undergraduates find themselves in unfamiliar territory, often unaware of the potential long-term ramifications these accusations can have on their educational journey and future prospects.
It is a common misconception among students that they can attend a disciplinary hearing and resolve the issue simply by explaining their side of the story. This naïve approach frequently leads to disappointing outcomes, as institutions have well-established procedures and experienced personnel handling these matters. Without proper preparation and knowledgeable guidance, students may inadvertently admit responsibility or fail to present crucial evidence in their defense.
The Lento Law Firm Student Defense Team offers comprehensive support throughout the entire process. They will work closely with you to develop a robust defense strategy from the initial notification of allegations to the final resolution. This includes meticulously reviewing all evidence, identifying potential witnesses, and preparing compelling arguments that align with the institution's policies and procedures.
Moreover, the Lento Law Firm recognizes the emotional toll such accusations can take on students and their families. As such, they will help you navigate this stressful period with confidence and clarity.
Unfortunately, the stakes in these types of disciplinary actions tend to be higher than most students realize. A finding of responsibility for hazing can result in suspension, expulsion, and permanent marks on the student's transcripts, which can severely impact further education applications, career opportunities, and even personal relationships.
College should be a time of growth, learning, and opportunity. By working with the Lento Law Firm, you ensure a mishandled display proceeding is not derailing you. With their help, you can focus on your studies and personal development, knowing your rights and interests are being vigorously defended. Call 888-535-3686 today or schedule a consultation online.
What is Hazing in Utah?
Hazing is against the law in most states. However, the exact definition will change from state to state and college to college. To understand why your college or university has an anti-hazing policy they have, it is important to become familiar with the state's anti-hazing law.
In Utah, hazing is defined as a student or school employee who deliberately, consciously, or carelessly acts in a certain way or causes another person to act in a certain way toward a school employee or a student that:
- Endangers their physical or mental health or safety;
- Involves some brutality, like beating, branding, or electric shocks;
- Involves the consumption of any alcoholic product, drug, other substance, food, or physical activity that endangers their mental or physical health and safety;
- Involves any activity that would cause them extreme mental stress, like sleep deprivation, extended isolation, or conduct that is humiliating, shameful, or embarrassing.
These actions must be committed for the purpose of getting into, staying in, or being affiliated with the school or school-sponsored team, organization, or program. In some cases, an individual can be found guilty of hazing if the conduct is committed against a school employee or student that the accused student knows is a member of, or candidate for membership in, a school-sponsored team, program, or organization.
Furthermore, like many states, Utah's legislation makes it clear that consent to hazing conduct does not negate the fact that it is hazing.
Hazing in Utah Colleges and Universities
Across the country, hazing has been prohibited at many universities, including several in the state of Utah. In addition, most Utah colleges and universities have very particular anti-hazing policies that seek to help students report incidents of hazing, guide disciplinary hearings, and inform accused students of their rights during a hazing disciplinary proceeding.
For instance, at the University of Utah, notifies students and their parents that there is a zero-tolerance policy regarding hazing. Their Rights and Responsibilities handbook describes the University's definition of hazing, which is:
- Intentionally, carelessly, knowingly, or negligently engaging in behavior that tends to humiliate, degrade, ridicule, harass, or embarrass another person; or
- Threatens the mental, emotional, or physical health safety or well-being of another person regardless of their readiness to partake; and
- It is committed so a person can be initiated into, admitted into, affiliated with, or maintain membership in any organization, team, or group.
Their Hazing Guideline goes on to explain the actions the university considers as hazing, including:
- Physical brutality, such as paddling, whipping, beating, and branding;
- Forced or coerced consumption of liquid, alcohol, drugs, other chemical substances, or food, or any other kind of forced physical activity that could cause the person physical harm or mental stress, like forced isolation and sleep deprivation;
- Forced or coerced behavior that could cause the person humiliation, embarrassment, or shame, behavior that might be illegal, or anything else that might negatively impact the person's mental health, academic performance, general success, or dignity.
At the University of Hazing, hazing is categorized into three types: subtle, harassment, and violent. Subtle hazing is described as activities or behaviors that emphasize a power imbalance between members of the organization. This type of hazing usually involves activities or attitudes that breach reasonable standards of mutual respect. It tends to place members on the receiving end of embarrassment, humiliation, or ridicule.
Harassment hazing, on the other hand, is comprised of behaviors or activities that usually cause emotional anguish or physical discomfort. It is confusing and frustrating and causes undue stress to the victim, like verbal abuse, implied threats, or being required to wear embarrassing or humiliating clothing in public.
The violent hazing category is reserved for actions or behaviors that could cause physical, emotional, or psychological harm to the victim. Examples of this type of hazing might include bondage, kidnapping or abduction, beating, burning, or public nudity.
Once a student is accused of hazing by their college, the disciplinary process usually follows a pretty basic outline. For example, at Utah Tech University, hazing is against their Standards of Student Conduct Code. When a student is accused of hazing, the Dean of students will conduct a preliminary investigation into the matter to determine if there is a reasonable basis for believing the hazing report. If they believe there is, they will meet with the accused student to hear their side of the story.
The accused student can admit responsibility for the incident or refute it. If they admit responsibility at this time, the Dean of Students can resolve the matter with them, which would include issuing sanctions. However, if the student disagrees with the accusations, the Dean of Students will refer the matter to the Student Conduct Committee for a formal disciplinary hearing.
At this hearing, the accused student will have a chance to defend themselves, presenting evidence and witness testimony to bolster their argument and questioning the other side's evidence and witness testimony. Once both sides have been heard, the Student Conduct Committee will determine if, based on the evidence presented, the student did haze the victim.
If the Student Conduct Committee has found the accused student responsible for hazing, they will decide which sanctions to impose on them. Possible sanctions at Utah Tech University include:
- Warnings.
- Formal reprimands.
- Disciplinary probation.
- Loss of privileges.
- Community service or referral to a licensed mental health professional for evaluation.
- Disciplinary suspension.
- Disciplinary dismissal.
- Expulsion
- University holds.
The Appeals Process for Hazing in Utah Colleges
Generally, students at colleges and universities in Utah will have the chance to appeal the disciplinary hearing decision. However, there are some schools where the student is not allowed to appeal the decision. For example, at Provo College, students who are disciplined for behavioral misconduct, such as hazing, cannot contest the College's decision because the Leadership team's decision is final. As such, it is all the more important to go into the initial hearing process with the best defense possible.
If your university does allow appeals for behavioral misconduct accusations, such as a hazing accusation, the directions for such an appeal should be on the disciplinary hearing decision letter. The instructions will outline the time allowance you have to file the appeal, who to file it with, and what grounds you can appeal on.
While the exact definitions may change from school to school, an appeal usually can only be made on one of the following grounds:
- There is new evidence available now that was not available during the disciplinary hearing will alter the disciplinary decision.
- There was a procedural or substantive error during the original hearing that severely affected the outcome of the hearing.
- The disciplinary hearing decision was not based on the school's evidence standard.
- The sanctions the disciplinary hearing committee imposed do not match the severity of the accused behavior.
In most schools, once the appeals officer decides on the appeal, it cannot be appealed further.
Consequences for Hazing Disciplinary Actions
Students who are found responsible for hazing at their colleges or universities in Utah will experience a tremendous amount of issues following the hearing committee's decision. For instance, they can be suspended from school or expelled. If this happens, these punishments are usually noted on their final transcripts. When they want to continue their education at another college or university or try to apply to graduate school, the new school will request their transcripts and ask for an explanation, which can make it very difficult for the student to get admitted. Depending on their career goals, this can also prevent them from achieving the dream life they always wanted.
Moreover, being punished by the college or university can negatively impact a student's mental and emotional well-being. Students who are accused of hazing and forced to endure strict punishments can begin to feel down about themselves. They may start to believe their future has been cut off, which can be incredibly difficult to cope with. Some students may not be able to cope at all, allowing their anxiety, paranoia, and depression to interfere with their daily lives, including their academic standing.
The only way to ensure a student accused of hazing is not being negatively impacted by the disciplinary process is to hire an experienced student defense attorney. The Lento Law Firm Student Defense Team understands how these students feel and works tirelessly to protect them.
Where Can the Lento Law Firm Help
The Student Defense Team at the Lento Law Firm can help students in any post-secondary education program who are accused of hazing. From public colleges to private universities, the Lento Law Firm has helped students throughout Utah, including those who attend:
- Southern Utah University
- University of Utah
- Utah State University
- Utah Tech University
- Utah Valley University
- Weber State University
- Salt Lake Community College
- Snow College
- Tooele Technical College
- Davis Technical College
- Mountainland Technical College
- Brigham Young University
- Columbia College Utah
- Broadview University
- Eagle Gate College
- Ensign College
- Fortis College
- Joyce University of Nursing and Health Sciences
- Mount Liberty College
- Neumont College of Computer Science
- Provo College
- Salt Lake Baptist College
- Stevens-Henager College
How the Lento Law Firm Student Defense Team Can Help
When facing hazing allegations, it is crucial to understand that you have the right to defend yourself and seek help and guidance from legal counsel. Many students, unfortunately, underestimate the seriousness of these situations and attempt to navigate the disciplinary process alone, often leading to unfavorable outcomes and long-lasting consequences.
The Lento Law Firm Student Defense Team has years of experience helping students effectively prepare for and navigate these challenging hearings. They recognize the overwhelming nature of such proceedings and work tirelessly to ensure you are fully equipped to present a strong defense. By gathering evidence, securing witness testimony, and providing adept guidance will significantly improve your chances of a positive resolution.
It is important to remember that a single accusation, such as hazing, should not derail your college experience or future aspirations. With proper representation, you can protect your rights and academic standing.
Don't risk facing severe punishments or jeopardizing your dreams by attempting to handle these complex matters on your own. Instead, enlist the support of experienced professionals who can help you navigate the disciplinary process and work towards preserving your educational and career goals. Call 888-535-3686 today or schedule a consultation online.
