Students entering college or university are focused on starting their new lives. For many, this is their first time away from home, their first time in charge of themselves. The first thing many students do is seek out ways to make friends, such as joining student organizations, clubs, sororities, or fraternities.
Some groups, however, require new members to participate in initiation rituals before being accepted, and others require current members to act out certain activities to continue membership. Participation in these activities can have serious consequences for students, especially if they qualify as hazing. Forcing students to endure disciplinary action, harsh punishments, and a lifetime of regret.
If you have been accused of hazing by your university or college, you need a strong defense. The Lento Law Firm Student Defense Team understands how overwhelming these kinds of accusations can be and will work diligently to ensure you have every chance to defend yourself. Call 888-535-3686 today or contact us online to schedule your consultation.
What is Hazing?
In most states in the U.S., hazing is both a criminal offense and a school code of conduct violation. However, the definition of hazing will depend on the state where the incident allegedly occurred. For instance, in Maine, hazing is legally referred to as “injurious hazing,” which is defined as:
- any activity that recklessly or intentionally endangers the mental or physical health of someone at a school in Maine or
- any activity that must be done prior to a student being accepted into or maintaining membership in a group that endangers, abuses, degrades, or humiliates the student.
Similarly, in Texas, the criminal act of hazing is defined as an intentional, knowing, or reckless act directed against a student so that they can pledge, be initiated into, affiliate with, hold office in, or maintain membership in an organization, whether the incident occurs on campus or off campus. The legislation goes on to acts that are included in this definition, such as:
- physical brutality, like striking, branding, electric shock, beating, whipping, or placing a harmful substance on the body;
- an activity that subjects the student to an unreasonable risk of harm, like sleep deprivation or exposure to the elements, or that adversely affects their mental or physical health or safety;
- forcing the student to consume liquid, food, alcohol, liquor, drugs, or other substances that put the student at an unreasonable risk of harm or that adversely affects their mental or physical health or safety;
- inducing, causing, or requiring the student to perform a task or duty that would violate the Texas Penal Code; or
- coercing the student to consume enough drugs, alcohol, or liquor that a reasonable person would believe they were intoxicated.
Although most states have laws specifically prohibiting hazing, a few do not, including Alaska, Hawaii, Montana, South Dakota, and Wyoming. However, the colleges and universities within these states do have anti-hazing policies. For example, at the University of Hawaii, hazing is defined as any act that:
- endangers the mental or physical health or safety of a student or
- destroys or removes public or private property and
- is committed just to join or continue membership in a group or organization.
The most important thing to note about hazing allegations is that no matter which state or venue you are accused by, the victim's express or implied consent to participate in the act is not a defense. So even if you got their permission to act the way you did, you cannot use that as a defense in criminal court or the disciplinary hearing at your school.
College Hazing Allegations
Just like the states have different definitions of hazing, so do the various colleges and universities throughout the country. Colleges and universities also vary in how they will regulate, investigate, and discipline accusations of hazing. This is why it is so important to work with a skilled student defense attorney. Their first step will be to gather the relevant policies and familiarize themselves and you with what is expected from your defense, ensuring the best possible outcome for your case.
As explained above, some states do not criminalize hazing, but their universities and colleges maintain anti-hazing policies. For instance, while Montana does not illegalize hazing, the University of Montana (UM) has a clear prohibition against it. In fact, the wording is almost exactly like that of the University of Hawaii outlined above, though it does add activities that ridicule or humiliate the student to the definition.
Once a hazing accusation is made, the Office of Community Standards (OCS) will begin a preliminary investigation to determine whether it holds any weight. If the OCS determines no violation, the case is closed. However, they will continue investigating the matter if they determine that hazing may have occurred.
At this point, the OCS will notify the accused student of the allegations and request a meeting. During the meeting, the student will be presented with the charges the OCS is investigating and their rights for the investigation and disciplinary proceedings. The accused student then has the choice of meeting with the hearing officer to discuss the accusation, hear evidence the OCS may have already gathered, and present evidence or witness testimony on their behalf. If the student waves this meeting or fails to attend it, they are essentially waving their right to defend themselves and allowing the hearing officer to impose whatever sanctions they see fit. They also lose their right to appeal the hearing officer's decisions.
However, if the student does schedule and participate in this meeting, the hearing officer will then complete their investigation into the matter, taking into account the student's defense and evidence, and decide whether there has been a Code of Conduct violation and which punishments to impose. At UM, possible punishments may include:
- Disciplinary Warning
- Disciplinary Probation
- Suspension
- Expulsion
- Restitution
- Withholding of a Degree
- Revocation of a Degree
- Eviction from University housing
- Restriction or banning from on-campus facilities
- Prohibition from attending campus events
- Requirements to attend workshops or counseling sessions
The hearing officer's decision and list of recommended sanctions will be sent to the student's student email account. The student then has five days to decide how to proceed. They can either:
- Accept the findings and sanctions issued;
- Not accept the findings and/or sanctions issued and begin the appeals process; or
- Not respond at all.
Once the student either accepts the findings and sanctions or refuses to respond to the letter at all, the sanctions will be implemented. So, for example, if a UM student was suspended by the hearing officer and failed to respond to the letter within the given five days, they will be suspended at the close of those five days and forfeit their right to appeal the decision.
Alternatively, for students at the University of California, Berkley (UC Berkley), the prohibition against hazing is worded more complexly, and no examples of actions or behaviors to describe hazing further are offered. For example, hazing is defined as causing or acting in a way that is likely to cause another person physical injury, personal degradation, or disgrace that results in psychological harm.
In addition to the difference in definitions, UC Berkley employs a Restorative Educational Practices Initiative (REPAIR) pathway for students accused of engaging in harmful behavior, such as hazing. This pathway offers a supplementary resolution option instead of formal conduct charges. Accused students who want to take advantage of REPAIR must Request Services, which is filed through the Center for Student Conduct.
Initially, a Center for Student Conduct member will conduct an intake meeting with the accused student within five days of making the request. Together, they will determine if the REPAIR process can resolve the issue. If they decide it can, the Center for Student Conduct and the parties involved in the incident will have 45 days to reach a mutually agreed-upon resolution (the Repair Plan).
When a Repair Plan cannot be reached, or the Repair Plan is not completed, a formal disciplinary proceeding against the accused student may be pursued. If the accusations are referred to the Center for Student Conduct for a formal hearing proceeding, the student will be given an opportunity to present a defense, including relevant evidence and witness testimony to support their argument.
The student has the choice of participating in a panel hearing or an administrative hearing. Members of the Committee on Student Conduct oversee the panel hearing, and the Independent Hearing Officer oversees the administrative hearing. Both sides will have an opportunity to share information prior to the hearing. Then, during the hearing, they both can present their arguments and cross-examine the other side's witnesses and evidence.
After both sides have been heard fully, the decision maker will determine whether the accused student is responsible for hazing. The Center for Student Conduct bears the burden of proving that the accused student more than likely committed an act of hazing based on the evidence they presented. If they cannot do this, the decision maker should let the matter drop.
The decision maker will notify the parties of their decision, including which sanctions to impose on the student. Typically, these students will be punished in one of the following ways:
- Written Warning
- Disciplinary Probation
- Loss of Privileges
- Exclusion from Activities
- Suspension
- Dismissal
- Exclusion from certain areas of the campus or from official university functions
- Restitution
- Revocation of awarding of their degree
- Monetary fines
- Community services
- Transcript holds
- Diploma holds
Whichever process your college or university employs to regulate, investigate, and adjudicate hazing allegations, it is incredibly important you contact an experienced student defense attorney the moment you learn of these accusations. A skilled student defense attorney will begin working promptly to ensure you are not being lost in the system.
College Hazing Defenses
Like any accusation, there are certain arguments you can make to prove you were not involved in a hazing incident. The actual defense your student defense attorney will employ depends on the language in your school's code of conduct and its particular steps for taking disciplinary action.
For example, a student accused of hazing by the University of Hawaii will need a defense that argues that they either did not act in a way that endangered the mental or physical health or safety of a student or that they didn't destroy or remove public property during the alleged incident. They will also likely need to show that if these activities did happen, they were not done to join or remain in a group or organization.
Moreover, because the school has the burden of proof to show that the student more than likely hazed someone based on the evidence they are presented, the student's defense must show the opposite. If they can create even a small amount of doubt, making it not more than likely the student was involved in hazing based on the evidence presented, the allegations should be dropped.
This is why it is so important to work with an experienced student defense attorney. They will be able to find evidence and witness testimony that supports such defenses quicker than a student trying to defend themselves.
College Hazing Disciplinary Action Appeals
While colleges and universities have different disciplinary procedures when it comes to hazing accusations, they tend to follow the same kind of appeals process. For instance, most schools will issue the instructions for an appeal to the student in their decision letter. These instructions will include how many days you have to issue the appeal, where to file it, and what grounds it can be made upon.
For an appeal to be successful, it must be made on whatever grounds the decision letter lists. If it does not, the reviewing body will immediately throw it out. Working with a student defense attorney during this process is crucial to ensure your appeal is reviewed properly.
Generally, the three main reasons a conduct violation decision can be appealed are:
- New evidence is available now that was not reasonably available during the hearing and will significantly impact the outcome of the case.
- The hearing body exhibited some bias or conflict of interest towards either side.
- A significant procedural error occurred during the disciplinary process.
Some schools have additional grounds for appeal. For example, at UC Berkley, students can also appeal if they can show that other evidence or arguments should be considered because of good cause. At the University of Miami, students can appeal on the grounds that the sanctions imposed were excessive, considering the facts of the incident.
Moreover, the timeline to file an appeal varies widely from school to school. For instance, students at Rhode Island School of Design have only three business days from the date they get the hearing body's decision letter to file their appeal. However, students at the University of Massachusetts Lowell, just an hour or so away, have up to ten business days after receiving the outcome notice to file their appeals.
Remember that appeals are an incredibly important part of the disciplinary process. If your college or university's hearing body finds you responsible, your only chance to defend yourself again is to file an appeal. Students who decide not to take advantage of an appeal will greatly regret it. The goal at the Lento Law Firm is to take this burden from your shoulders, enabling you to file a strategic and well-thought-out appeal while not suffering the stress and overwhelming other students might feel.
College Hazing Accusation Consequences
When most people think of hazing, they imagine the fraternity and sorority initiation scenes from their favorite movies. However, most of the time, students in the movies who are accused of hazing get simple slaps on the wrist. They rarely get dismissed from their schools. And the reality of hazing accusations is that serious sanctions can be imposed, negatively impacting the student's life.
For instance, in early 2024, several fraternities and sororities at the University of Maryland were accused of engaging in dangerous hazing activities, which led some of the alleged victims to be hospitalized. After the allegations were reported, the school suspended five fraternities and sororities.
Similarly, the University of North Texas punished its football team and six Greek organizations for a hazing incident that took place in the fall of 2021, which involved physical fighting for the purpose of maintaining membership in a student group. The University of Olivet, in Michigan, suspended a sorority after their pledges accused them of hazing, which involved being forced to walk around in their underwear while the sorority sisters circled their flaws with a marker.
All of these students, and the many others around the country that are punished for hazing experience long-lasting consequences. The punishments imposed by their colleges or universities can negatively impact their mental, emotional, and physical health for years to come. For example, students who are placed on probation for being involved in a hazing incident can have their campus access restricted. This could force them to move off campus or limit their access to certain classes, which could disrupt their education and inhibit them from pursuing the major they were initially interested in.
Additionally, students who are required to take extra courses or partake in counseling will have less time for studying, schoolwork, and socializing. This could make them feel less at ease around campus and impact their grades, impacting their ability to graduate or get into graduate school.
Moreover, students who are suspended or dismissed from their college will have these punishments noted on their final transcript. If they want to finish their education at another school, the admissions team at the new school will see the notations, forcing the student to discuss the incident over and over. Many schools will not want to admit a student who was previously punished for allegedly hazing someone.
When students are unable to continue their education, whether to finish their undergraduate degree or to pursue a graduate degree, it can be devastating. Not only are they obligated to alter their career plans, but they must also change their hopes and dreams for the future. Think of the student who has wanted to be an attorney their entire life. After being dismissed from college because they were found responsible for hazing, they have difficulty finding another school to admit them.
If they can get admitted into a new undergraduate program, they must explain the dismissal on their law school application. This can make getting into law school quite difficult. However, if they are admitted to law school, they will have to explain the dismissal on their bar application, making it hard to practice as an attorney even after all that education.
Experiences like this can make even the most resilient student feel hopeless. Their self-esteem drops, their anxiety and overwhelm ramp up, and their outlook on life darkens, making it hard to regain their balance and direction. Thus, any punishment for hazing can completely derail a student's life and should be defended as strategically as possible.
How an Experienced Student Defense Team Can Help
When students are accused of hazing, it has a ripple effect on every aspect of their lives. Not only does it affect their ability to pursue the major they are interested in, start the career they want, and get into the graduate school of their choice, but it can also seriously impact their mental, emotional, and physical health. Moreover, their colleges and universities may decide to turn over the hazing allegations to local law enforcement for further criminal investigations and charges. As such, they need a strong defense.
You must contact a student defense attorney the moment you are notified of the accusations against you. The experienced student defense attorneys at the Lento Law Firm have worked with hundreds of students nationwide who have been accused of hazing and other conduct code violations by their colleges and universities. They understand how frightening and devastating hazing allegations can be and will work tirelessly to ensure you understand the accusations and can participate in each interview, hearing, or appeal to the best of your ability. They will review your case and gather relevant evidence and witness testimony to support a strategic defense on your behalf.
To guarantee the best possible outcome for your case, call 888-535-3686 today or schedule a consultation online. The Lento Law Firm Student Defense Team is here to help.
