Depending on where you attend college in Wyoming, your school may or may not have an explicit prohibition on hazing. Wyoming is one of a few states that has yet to pass an anti-hazing law, so individual colleges are free to decide whether to specifically ban hazing or not. It's generally safe to say, however, that most students attending college in Wyoming do so at a school that has a ban on hazing, and that will discipline students found to have hazed other students.
If you have been accused of hazing by your college or university in Wyoming, you need the help of an experienced student defense attorney. The Lento Law Firm's Student Defense Team has defended college students all across the country, including in Wyoming, accused of hazing and other serious forms of school misconduct. Call us today at 888.535.3686 or use our contact link to schedule a confidential consultation with one of our attorneys to discuss your case.
How Do Colleges in Wyoming Define Hazing?
With no state (or federal) anti-hazing law in place that provides a specific legal definition of hazing, colleges in Wyoming have a variety of ways of defining what they consider to be hazing.
The University of Wyoming, which is by far the state's largest school, defines hazing as follows:
- Any intentional act or situation that (a) causes embarrassment, harassment, or ridicule and/or,(b) risks emotional, mental, or physical harm, and is committed for the purpose of membership into, affiliation with, or continuation of membership with a group or team, regardless of the person(s)'s willingness to participate.
The school's website goes on to list “activities and situations that may occur as part of hazing”:
- Sleep deprivation or causing excessive fatigue
- Physical or psychological shock
- Public stunts or jokes
- Compelled ingestion of any substance
- Degrading or humiliating games or activities
- Activities that have an adverse effect on academic progress
- Forced servitude
- Activities which are not consistent with the parent organization's rules and regulations
- Other activities which violate federal, state, or local laws or University of Wyoming policy
It also notes that “apathy or deference in the presence of hazing” are also violations; in other words, students who stand by and do nothing while other students are being hazed can themselves face misconduct charges for hazing.
Casper College has a different hazing definition:
- An act that endangers the mental or physical health or safety of a student or that destroys or removes public or private property for initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization.
The school instructs its faculty members to immediately report hazing to the school's Director of Campus Security and its Vice President for Student Services. It notes that hazing can happen in connection with “any student group” and provides examples of “athletic teams, academic teams, social clubs, religious organizations or other special interest groups.”
The hazing definition adopted by Laramie County Community College in its Student Code of Conduct Procedure is still different:
- Any activity that includes, but is not limited to, an act that endangers the mental or physical health or safety of a student or which destroys or removes public or private property.
A student who commits hazing or “any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization” is subject to disciplinary action by the school.
Virtually every college in Wyoming has an explicit anti-hazing policy. The policy is part of each school's code of conduct, which also describes how misconduct allegations will be investigated and resolved by the school. If you are part of a student organization, it's important to pay close attention to your school's anti-hazing policies – especially if your organization has any sort of process, procedure, or initiation for new members. You need to have a clear understanding of your school's definition of hazing so that you can make sure you and your organization don't violate it.
And remember – schools may not only discipline students who actively committed hazing, but also students who were aware of the hazing, or plans to haze, and did nothing to prevent it from happening. Doing nothing when you know hazing is happening or about to happen can lead to misconduct charges against you, just as if you'd committed the hazing yourself.
This is why if your organization has any kind of initiation or even a welcome event for prospective or new members, and if you have any questions about whether parts of that process violate your school's anti-hazing policies, you need to get answers before you move forward. Generally speaking, if you are aware of your school's hazing definition and aren't sure whether your planned activities violate it, you need to clear that up ahead of time.
The Lento Law Firm's Student Defense Team can help with these kinds of questions. We regularly advise student clients about anti-hazing and other disciplinary matters, in addition to defending them if they're accused of misconduct by their schools. Our experienced student defense attorneys understand school policies and procedures that apply in hazing and other misconduct cases and are ready to help you protect your education and your future.
Where Does Hazing Typically Happen on College Campuses?
You've probably heard of hazing in connection with fraternities and sororities, and of course, there is a reason for that. However, hazing also happens in other contexts, as Casper College's anti-hazing policy correctly notes. Some of the types of organizations where hazing can occur include:
- Athletic teams at both the club and varsity levels
- Cheerleading teams and cheer squads
- ROTC programs
- Social or dining clubs
- Music groups, including marching band, orchestra, and chorus
- Any other organized student group, such as drama clubs, speech, and debate teams, faith-based groups, and others
Any student group that has an “orientation,” “initiation,” “rite of passage,” or other introductory event that is for new student members can be at risk for hazing if that event includes any sort of ceremony, contest, test, or physical or mental challenge. That's not to say that every welcome ceremony will result in a hazing accusation; but if the event includes any physical activity that could harm a participant or any activity that could embarrass or humiliate them – even if meant to be in good fun – there is a risk that a hazing accusation could result.
This can apply even if existing group members participate and even if the new members consent to the activity. In most cases, consent to hazing is not considered valid consent because the student generally wants to become part of the group, and school officials will consider that the student is unable to freely consent to the hazing activity.
It generally won't help if you take the hazing event off campus, either. Most school disciplinary policies will punish misconduct that happens off campus, particularly where it involves one student committing some kind of misconduct against another student. This is true for hazing as well as for most other kinds of misconduct prohibited by your school.
School Disciplinary Processes Do Not Protect the Accused Student
Any feelings you might have that your school actually cares for you are likely to quickly evaporate once you've been accused of misconduct. You'll quickly learn the sad fact that students accused of misconduct by their schools have fewer rights during the disciplinary process than defendants who are accused of crimes. Schools rationalize this by pointing out that the consequences of a school misconduct proceeding don't include jail time or a criminal record, but that is little comfort to a student who is suspended or expelled and has to pick up the pieces of their academic career, in many cases at another school if one accepts them.
One significant difference between school disciplinary proceedings and criminal cases is that defendants in a criminal case must be found guilty beyond a reasonable doubt. That's a much higher standard than the one that applies in most school disciplinary cases, which is that it must be more likely than not that the student committed the misconduct. In percentage terms, that's like saying the school needs to be only 51% sure you committed the acts you were accused of in order to find you guilty of misconduct.
In criminal cases, fairly high evidentiary standards apply. Courts won't allow evidence that is unreliable, that might have been tainted or altered, or that isn't relevant to the crime that the defendant is accused of committing. Schools, on the other hand, aren't bound by these strict evidentiary requirements, and as a result, a school disciplinary panel might allow in all kinds of evidence, including hearsay or evidence that isn't directly relevant to the misconduct allegations.
As a result, if you've been accused of hazing misconduct in Wyoming, you need all the help you can get to protect your rights and defend yourself from the allegations. Working with one of the experienced attorneys from the Lento Law Firm's Student Defense Team will help you level a playing field that is tilted heavily in the school's favor. Our attorneys have years of experience defending students accused of serious misconduct by schools all across the country, including in Wyoming, and we're ready to help you, too. We understand how these kinds of misconduct proceedings operate, and we also know how to assert your rights and defend you against allegations that could result in you being suspended or even expelled.
While every school has a slightly different disciplinary process, there are common steps that most of them will follow. One thing to note with respect to these procedures: if the alleged hazing involves conduct that could be considered to violate federal Title IX protections, the school will likely treat the disciplinary hearing the same way it treats all Title IX misconduct allegations. That's because schools are required to do so under federal law or risk fines or loss of federal funding. The Title IX procedures might be somewhat different than the school's other misconduct procedures.
Here are some typical steps you can expect to experience if you're accused of hazing misconduct:
- The Investigation. The school will conduct an investigation of the hazing allegations; in many cases, it will assign a particular person to act as an investigator. There's no particular requirement that the investigator have any special training. Sometimes, the investigator may be a retired law enforcement officer; in other cases, the investigator may have little training other than what they've acquired by investigating other misconduct complaints. As a result, many investigations are flawed. Some investigators will only look for evidence to support the misconduct claims and do little, if anything, to find evidence that could help the accused student defend against them. That's why sometimes your attorney will conduct their own investigation to uncover evidence that might be used to help your defense. The investigation is likely to include interviews with you, the person who made the hazing complaint, and others who were there at the time of the alleged hazing. The investigator may attempt to collect phone records, text messages, photos, and videos. Once the investigation is complete, a school official will typically review the investigator's report and decide whether to move forward with a formal misconduct charge against you.
- Settlement Talks. The school may prepare a formal charge that will list the allegations against you and propose a penalty. Or it may provide some other summary of the allegations against you. In many cases, it will offer to resolve the matter quickly if you agree to certain facts and also agree to accept a certain consequence. Whether or not you accept a settlement proposal is something best discussed with your attorney. There are advantages to not having a misconduct proceeding hanging over your head, but if the proposed penalty is too severe or if the school is relying on only half the story, your attorney may suggest you decline the offer. In other cases, your attorney may be able to negotiate better settlement terms by providing the school with the evidence their investigator failed to uncover or by making arguments in favor of less severe penalties.
- Disciplinary Hearings. Misconduct cases that don't settle will proceed to some sort of hearing. How this is structured will depend on your school. It will likely be a lot less formal than a court proceeding and might even be conducted via a series of meetings over time. No matter what the format, in most cases, both sides will usually be able to present witnesses and evidence, as well as cross-examine witnesses. Both sides will normally be allowed to make arguments to the hearing judge or panel. When the hearing is over, a ruling will be issued. If it's in your favor, the case will be dismissed; if not, you will likely be sanctioned.
Appeals may be possible, but typically, the grounds for appeal are very narrow. On top of that, you'll likely be appealing to the same entity that disciplined you in the first place.
In almost every case, you will be better off if you're represented by an experienced student defense attorney from the day you learn that you've been accused of misconduct on forward. It makes a huge difference to have someone on your side who has experience with defending other students accused of hazing and other kinds of serious misconduct and who knows how to protect the accused student's rights and fight for the best outcome.
Disciplinary Consequences Can be Severe
When it comes to disciplining students for hazing misconduct, schools will typically have a wide range of options. The consequences could be anything from a verbal warning to a written reprimand, to suspension, to expulsion. Where the hazing was severe, particularly if the target student was injured, the school is likely to impose a more serious sanction. If you're working with an experienced student defense attorney, your attorney can make arguments on your behalf for a less serious penalty that will still allow you to complete your education and that will have a minimal impact on your permanent record.
The Lento Law Firm Student Defense Team is Here to Help
If you've been accused of hazing misconduct at your Wyoming college or university, the Lento Law Firm's Student Defense Team can help defend you from the start of the disciplinary investigation through its resolution – whether it resolves itself with a settlement or with a hearing. Our experienced student defense attorneys have defended students all across the country, including in Wyoming, from serious misconduct allegations. We understand the school rules, policies, and procedures that are used in hazing and other misconduct cases, and we know how to fight for our student client's rights and how to defend them against misconduct allegations.
If you're facing a hazing misconduct allegation or any other kind of serious misconduct allegation, contact the Lento Law Firm Student Defense Team for help. Call us at 888.535.3686 or use our contact form to schedule a confidential consultation. Your education and your career are on the line – let us help you protect both!
