From Miami University (MU) in Coral Gables to Miami Dade College (MDC), the Miami metro area attracts students from throughout the country. But whether you're going to school in Miami, Fort Lauderdale, West Palm Beach, or one of the other towns in the greater Miami area, a hazing accusation can put your future in jeopardy. It's important to know what action to take if you're facing disciplinary action.
The Lento Law Firm Student Defense Team is familiar with hazing laws at universities in the Miami area and can help you defend yourself against allegations. If you're under investigation for hazing activities, give us a call at 888-535-3686 or fill out our confidential form.
Florida's Hazing Laws: What You Need to Know
If you're attending college in Florida, it's important to be aware that the state has some of the strictest anti-hazing laws in the country. Under current Florida statutes, hazing activities can be classified as a third-degree felony if they lead to serious injury.
But even if charges aren't filed, Miami-area students could face strict penalties at the campus level. Each college has its own hazing policy, and it's every student's responsibility to understand the policy and work to avoid violating it.
What Is Hazing?
Since learning institutions often base their codes of conduct on state laws, it's important to look at the state's definition of hazing. In Florida, hazing is defined as any activity that can intentionally or unintentionally harm a student, either emotionally or physically, in the course of:
- Initiation into any postsecondary-sanctioned organization
- Admission into any postsecondary-sanctioned organization
- Affiliation with any postsecondary-sanctioned organization
- Furthering or perpetuating traditions or rituals associated with a postsecondary-sanctioned organization
Hazing can come in the form of:
- Coercing a student into violating state or federal law
- Physical brutality, including whipping, beating, branding, and exposure to the elements
- Forced consumption of food, liquor, drugs, or other substances
- Sleep deprivation
- Forced social isolation
- Forced humiliation
- Activities that could negatively impact a student's mental health or dignity
How Colleges in South Florida Define Hazing
The Lento Law Firm Student Defense Team is aware that anti-hazing policies can vary dramatically from one Miami-area school to the next. While universities typically define hazing similarly, it's important to pay attention to the subtle nuances from one school to another.
The University of Miami's (UM's) anti-hazing policy defines hazing as any activity that recklessly or intentionally harms, damages, or endangers the mental or physical health or safety of a student. This activity can happen either on or off campus.
Florida International University (FIU) takes a more generalized approach with its anti-hazing policy. At FIU, hazing is any activity that causes or is intended to cause physical or mental harm or otherwise endangers or discomforts a student.
Hazing Complaints in Miami-Area Colleges
Hazing investigations typically kick off with a complaint, and South Florida's colleges have their own unique complaint-filing procedures. At West Palm Beach's Florida Atlantic University (FAU), hazing complaints are filed online using the Incident Reporting Form. At MU, hazing reports can be submitted via email to [email protected].
Palm Beach State College (PBSC) encourages students to go to the appropriate leadership personnel with any violations of procedures, policies, and rules, but they also acknowledge that some students prefer to remain anonymous. For those reports, students can use the anonymous reporting system on the college's website.
Hazing Investigations at Miami-Area Colleges
At FIU, hazing complaints are referred to the Office of Student Conduct and Academic Integrity (SCAI) for investigation. Once referred, the SCAI director will conduct a preliminary review to determine whether additional fact-finding is necessary. From there, an investigation will be conducted, with the respondent given written notice of the pending charges.
MDC hazing investigations are handled by the Student Dean's Office. You'll be notified of the investigation and told that you have the right to remain silent. If the investigator feels the allegations have merit, the respondent will be invited to attend a preliminary hearing. At the conclusion of this hearing, the Dean's Office will either dismiss the charges, charge the student with a violation, or refer the charges to the Office of Equal Opportunity Programs/ADA/Title IX.
Hazing Penalties in Miami-Area Colleges
The Lento Law Firm Student Defense Team sees strict penalties on South Florida's campuses, which is in line with the state's tough stance on hazing. Each school has its own disciplinary action, but in general, sanctions range from fines to expulsion, depending on the severity.
FAU disciplinary consequences for hazing include:
- Educational sanctions
- Fines
- Withholding of diplomas or transcripts
- Probation
- Suspension
- Expulsion
UM considers hazing a serious offense, punishable by either one to two semesters of disciplinary warning or one to three semesters of disciplinary probation. Students may also face educational sanctions for hazing, including community service. The level of punishment depends on the severity of the infraction and whether other disciplinary offenses have been committed, either in the past or along with the hazing activity.
Organizational Sanctions for Hazing
Miami's university organizations are also responsible for following all anti-hazing policies and state laws, and organizations can face sanctions of their own, including suspension of their charter and fines for hazing violations. At FAU, at least two founding members of every new organization must attend an anti-hazing and prevention training program.
At MU, organizations also face public disclosure of any hazing violations. The university releases lists of all hazing violations, with its most recent report on hazing violations detailing every sanctioned incident since 2019. Suspensions and probations are the most common consequences for organizations at MU.
Disciplinary Appeals at Miami Universities
If you're accused of hazing at a university in Miami, Fort Lauderdale, or West Palm Beach, you do have recourse. Most universities offer the option to appeal if a student can demonstrate that the original decision was not made in good faith.
Appeals processes can differ from one university to the next, but in most cases, you'll receive instructions with a written explanation of the final decision. At MDC, for instance, you'll need to submit your request in writing within ten business days of the issuance of the findings. Your appeal will go to the campus president or a designee.
The Lento Law Firm Student Defense Team regularly helps students with appeals and has found that to be successful; you'll need to either show that the original investigation had errors or that the chosen penalties were too severe for the nature of the crime. This is usually your final opportunity to overturn or minimize the sanctions against you, so it's important to put as much effort as possible into your appeal request and any subsequent hearings.
Evidence and University-Level Investigations in Miami
Florida state law may be strict, but even if no criminal or civil charges are filed, students can face serious consequences. Like other areas of the U.S., South Florida's college investigations rely on something called preponderance of evidence, which is only 51 percent certainty for the person or people making the decision. While courts require proof beyond a reasonable doubt, in a college investigation, as long as the decider(s) believe with 51 percent certainty that hazing occurred, a student's college career can be derailed.
The disciplinary process can also work against Miami-area students. In many cases, a university hearing does not allow students to have an attorney present, although you can have one advise you behind the scenes. Universities also have lower evidence standards than criminal and civil cases. Hearsay, anonymous reports, and social media posts can be used against you.
Consequences of Hazing Allegations in South Florida
You may not face jail time for hazing allegations at a Miami school, but accusations can have severe consequences when it comes to your future. Universities in South Florida take hazing accusations seriously and may even make an example of a group of alleged offenders.
Being accused of hazing can lead to the following:
- Suspension or expulsion: If your school has a strict anti-hazing policy or your infraction is more severe, you may face temporary suspension or permanent expulsion. This can delay the degree you need and even make it tougher to transfer to another university.
- Damage to your record: Disciplinary actions often become part of a student's permanent record, even if the penalties aren't severe. Future employers and educational institutions may dig into those records and learn that you were disciplined for conduct violations.
- Loss of scholarships and financial aid: If you have scholarships or financial aid, take a look at the contract you signed when you agreed to accept assistance. You may be at risk of losing future funds if the school finds you guilty of misconduct.
- Lost access to campus housing: Many students live on campus for at least part of their time in college. A hazing investigation could result in temporary or permanent loss of access to campus housing, forcing you to search for alternative arrangements mid-semester.
- Expulsion from campus activities and organizations: If you participate in extracurricular activities, you may have your access to organizations and teams revoked after a hazing accusation.
- Reputation damage: Some schools publish the names and organizations that have faced disciplinary action over hazing activities. Even if your school doesn't, though, word gets around. A hazing accusation can have long-term reputational consequences.
Why a Criminal Attorney Isn't Enough
If you face criminal charges, you'll go with a criminal attorney. However, whether you face criminal charges or not, your university may enact severe penalties with very little evidence and minimal due process. A criminal attorney is great at working with the courts, but understanding each college's unique processes for investigating and disciplining hazing activities takes someone who knows the ins and outs of the higher education system.
The Lento Law Firm Student Defense Team understands the hazing investigation process at schools and knows it can be intense. We can work alongside your criminal attorneys when necessary or help you with your university's accusations when no criminal attorney is needed. It's important to retain an attorney as early in the process as possible to get the help you need with navigating university processes.
Help from the Lento Law Firm Student Defense Team
If you've been accused of hazing in the Miami, Fort Lauderdale, or West Palm Beach area, the Lento Law Firm Student Defense Team can help. We take a personalized approach to your hazing case in the following ways:
- Comprehensive case evaluation: Your South Florida college will notify you of the allegations against you, along with instructions on how to respond. We'll review the stated allegations and compare them to your school's code of conduct to help you determine how best to proceed.
- Help with investigations: Once an investigation is underway, you'll often be contacted with questions and requests for documentation. We'll advise you on responding to those requests to ensure you're giving the investigator the most important information.
- Preparation for disciplinary hearings: You typically only get one chance to present your case in person, and that's in the form of a hearing. The Lento Law Firm Student Defense Team will help you gather supporting evidence and prepare to make the best case possible.
- Protection of your academic records: Disciplinary action can stay with you long after you've left your college campus. We'll work to minimize damage to your record and, when possible, advocate for having information removed or redacted from your record.
- Appeals and post-hearing advocacy: Unfortunately, cases don't always have the desired outcome. When that happens, our team will help you navigate the appeals process and prepare for any post-decision hearings.
The Lento Law Firm Student Defense Team and Hazing Accusations
Whether you attend Miami Dade College, Florida International University, or one of the other schools in the Miami area, the Lento Law Firm Student Defense Team understands how serious hazing accusations can be. You've worked hard on your education, and you won't want to see it derailed over a hazing accusation.
If you're facing disciplinary action over hazing in Miami, Fort Lauderdale, or West Palm Beach, you don't have to go through the process alone. Give our team a call at 888-535-3686 or fill out this confidential form, and we'll be in touch.
