Hazing continues to be a contentious issue in institutions of higher education nationwide, but the University of Hawaiʻi (UH) at Mānoa has maintained rules against the practice for more than a century. Following an incident between freshman and sophomore students in front of Hawaiʻi Hall in 1923, UH banned the traditional practice of hazing and adopted stringent punishments for those charged. Although anti-hazing policies aim to protect students and maintain a safe environment on and off campus, they don't always guarantee impartiality and justice to all parties involved.
Schools like UH Mānoa can be quick to impose harsh sanctions when hazing allegations arise. With the authority to levy emergency protective measures, carry out intrusive investigations, and block students from continuing their education, school disciplinary boards are often much for hard-working students to defend against. Fortunately, students at schools in the UH System, including Mānoa, have an outlet for counsel and guidance to seek redress against hazing allegations and potential disciplinary actions.
The Lento Law Firm Student Defense Team is an ally for students involved in hazing allegations. We stand prepared to safeguard their right to fair hearings and seek every available option to keep them in line with their academic goals. Call us at 888-535-3686 now or visit our confidential consultation form.
How Does the University of Hawai'i at Mānoa Define Hazing?
UH broadly defines hazing as any act that endangers the mental or physical health or safety of a student or that which destroys or removes public or private property for the purpose of admission, initiation, or affiliation with a group or organization. While some school policies may only target direct actors in incidents, the UH hazing policy includes the following caveats:
- The expressed or implied consent of the victim will not be a defense.
- Apathy or acquiescence in the presence of hazing is not a neutral act.
The UH System does not list acts considered hazing. Still, Hawaii's Board of Education asserts that conduct designated as hazing includes, but is not limited to, "whipping, beating, branding, forced calisthenics, exposure to weather, forced consumption of any food, liquor, beverage, drug or other substance, indecent exposure, or any other brutal treatment or forced physical activity…which subjects any student to extreme mental stress, including deprivation of sleep or rest, extended isolation, or personal humiliation."
Hazing Investigations and Informal Grievance Procedures
When UH Mānoa receives a report of alleged hazing on campus or at any school-related event or property, the Student Conduct Administrator (SCA) will determine the course of action. Critically, the school maintains a 120-day statute of limitations for code of conduct violations; however, exceptions can be made at the discretion of the SCA. If the SCA decides that the allegations constitute a violation, they will initiate an investigation. If not, the SCA could dismiss the matter or approach it with informal administrative actions.
Students accused of misconduct—called responding parties—will be notified in writing of the allegations, including a scheduled meeting with the SCA for a discussion. UH Mānoa does not follow a normal hearing procedure like most schools, but both the responding party and the reporting party (the accuser) will present evidence and arguments to the SCA. Both parties may be assisted by an advisor of their choice who may not speak during or participate directly in an investigation. Only when respondents are subject to pending criminal investigations or charges can they retain an attorney for school disciplinary matters.
University of Hawai'i at Mānoa Hazing Sanctions
If the SCA determines through their investigation that a student is responsible for hazing, they may hand down sanctions. One or more of the following consequences may be imposed for any single violation:
- Written Reprimand: Notice that continuation of behaviors may cause more severe discipline
- Probation: Deferred punishment for a specified period unless further violations occur
- Loss of Privileges: Denial of campus benefits for a designated period
- Restitution: Monetary or service-related reimbursements
- No-Contact Order: Refrain from contact with the reporting party, including non-verbal gestures and "looks"
- Suspension: Ban from campus and admittance for a temporary period
- Dismissal: Permanent expulsion from UH Mānoa
- Withholding or Revocation of Admission or Degree – Reversal of any decision to award students a degree or admit them into the school
Oftentimes, hazing allegations are sweeping, meaning more than one student is involved, and typically results in a student organization or group coming under scrutiny. When a student organization or registered independent organization (RIO) is found responsible for violating the code of conduct, UH Mānoa may against the organization in addition to students involved, which can include the following:
- Loss of associated benefits and privileges of RIO designation for a specified period.
- Deactivation from active UH Mānoa status.
Furthermore, students who have violated the UH System-wide rules and regulations may be subject to additional system-wide disciplinary sanctions. In situations where the case involves multiple campuses, sanctions may apply at one or all campuses involved.
Appealing Disciplinary Sanctions at the University of Hawai'i at Mānoa
Students can appeal sanctions to the SCA within ten calendar days. However, there is a narrow bandwidth of eligibility for consideration, where only new information and procedural errors are grounds for appeal.
The appeal is then sent to the four-person Student Conduct Appellate Board to determine whether the appeal meets one or more of the required purposes. If so, the board may hold a hearing (but is not required to), where the responding party may also retain an advisor to assist them. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the board in addition to arguments made by the responding party.
After the hearing, the board determines by majority vote whether to uphold or deny the appeal. If upheld, the matter is returned to the SCA to re-open the investigation for reconsideration of the original determination and sanctions. If an appeal is denied, the decision is considered final within UH Mānoa.
Accused Students Need the Lento Law Firm Student Defense Team
The Lento Law Firm Student Defense Team recognizes how schools can levy sanctions without students getting full due process. Although hazing allegations often lead to harsh consequences, students can retain the assistance they need to continue their academic endeavors.
Our team stands ready to help UH Mānoa students create a robust defense, and we will ensure that:
- Our team conducts an independent investigation into the allegations
- Students are prepared to make a compelling argument to the SCA
- All appeals and opportunities to negotiate with a school's Office of General Counsel are exhausted
For UH Mānoa students facing hazing accusations, call the Lento Law Firm Student Defense Team at 888-535-3686 now or visit our confidential online consultation form, and we will contact you.
