An allegation of hazing at Case Western Reserve isn’t like an allegation of cheating or starting a food fight in the cafeteria. For starters, Ohio State law prohibits hazing at all colleges and universities, public and private. No school is going to take a mandate like that lightly. Hazing also tends to make headlines. If you should find yourself accused, your picture could show up on local, state, and even national news outlets. And, as you might expect, given how much attention allegations often receive, sanctions can be severe, up to and including suspension and dismissal.
You cannot afford to handle serious charges like these by yourself. Even local and family attorneys don’t normally have the background experience to conduct a campus hazing defense. You need someone on your side who knows the law but who also knows how the law plays out on university campuses. You need someone from the LLF National Law Firm’s Student Defense Team.
If you’re facing hazing charges of any kind, you can’t afford to wait. The university is building its case. You should be too. Call 888-535-3686, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at Case Western Reserve
What is the key to avoiding a hazing charge at Case Western? Don’t get involved in hazing. The trouble is, that’s sometimes easier said than done. For one thing, the university’s definition of hazing is so broad that almost any type of initiation activity can qualify.
- It’s important to recognize, for example, that hazing isn’t just about the physical harm you might do to another student. University policy includes “causing mental or physical harm, including coercing another to consume alcohol or a drug of abuse” in its definition. Mental harm might involve anything from simple verbal harassment to preventing a pledge from keeping up with their coursework.
- In addition, you don’t have to actually cause harm to anyone. Creating a “substantial risk” of harm is enough to get you charged. Even planning a dangerous initiation activity could be enough to get you in serious trouble.
- The definition of “organization” is just as important as the definition of “hazing.” “Greek life chapters” are specifically mentioned, but any sanctioned group, from athletic clubs to honor societies, can be charged with hazing.
- Hazing isn’t limited to initiation activities. Under Case Western’s policy, it can also include any activity related to “initiation, admission, reinstatement, affiliation, or as a condition for continued membership” in an organization.
- Finally, university policy makes clear that the “willingness” of participants is not a defense to hazing charges. Even if pledges agree to activities—even if no one actually files a complaint—the university itself can still charge you for an offense.
As for punishments, Case Western’s anti-hazing policy notes that students are subject to any sanction under the school’s Student Code of Conduct “up to and including suspension, expulsion, revocation of degree or admission, and any other appropriate sanction.” Given just how much public pressure schools face these days over hazing incidents, you can expect to face the harshest possible penalties.
This is one of the most important reasons to have an LLF National Law Firm attorney on your side. There’s simply too much at risk to try and handle an allegation alone or to hire an inexperienced lawyer to take your case.
Defending Yourself From Hazing Allegations
Hazing allegations are serious, and sanctions can be severe. There is some good news, though. Case Western cannot punish you without cause, and it must provide you with due process protections such as a presumption of innocence and the right to an advisor.
Here’s what you can expect from the process.
- Hazing charges are under the purview of the Student Conduct and Community Standards Office, and cases follow all outlined disciplinary procedures.
- If the university decides to act on a complaint, it must issue you notice of the charges. This notice will let you know exactly what you’re accused of having done, and it will include a list of your due process rights.
- You have the right to an advisor. Your LLF National Law Firm attorney cannot speak for you, but they can be on hand during the initial investigation to help you answer questions.
- Hazing investigations can be complex. There may be several complainants (accusers), several respondents (accused students), and dozens of witnesses. It is not unusual for investigations to take weeks or even months to complete. When they are complete, investigators submit a written report of their findings back to the Student Conduct office. That office then sets a time and date for a hearing.
- Most hazing cases involve a formal hearing before a three-member panel. You have the right to argue your innocence, to submit evidence, and to call witnesses to testify. You may also raise questions for anyone testifying against you.
- The panel of decision-makers uses a legal standard known as “preponderance of the evidence” to decide the case. If they think it is “more likely than not” that you committed an offense, they must find you Responsible. Otherwise, they must find you Not Responsible, or innocent.
- In any event, you are entitled to a fair investigation and a fair hearing. If the university fails to give you these basic fundamental rights, you can file a formal appeal.
While this general outline always applies, it is impossible to say what kind of complications an individual case can involve. If there are any allegations of sexual misconduct, for instance, you’ll have to deal with federal Title IX regulations. Harassment can trigger other types of federal laws as well. If you’re an organization officer, you might be charged even if you have no knowledge of events. A successful defense can come down to the definition of words and phrases like “mental harm,” “organization,” and “member.”
This is the other important reason you should never try to handle a hazing defense on your own. Case Western’s judicial procedures are simply too difficult to parse on your own. You need someone to guide you through the process, protect your rights, and show you how to use the system to your best advantage.
Fighting for Your Future
Hazing is a serious offense, and a Responsible finding can mean serious sanctions. Just because you’ve been charged doesn’t mean you’ll necessarily be found Responsible. The LLF National Law Firm’s Student Defense Team can make sure you’re fully prepared to defend yourself. They can insist Case Western afford you every due process right to which you are entitled. In the end, they offer you your very best chance of success.
Let the LLF National Law Firm help you fight for your academic future. To find out more, contact us today at 888-535-3686. Or, fill out our online questionnaire.