The first question our clients always ask us is, is it serious? If you've been accused of hazing, it's serious. Carnegie Mellon takes student safety as its first priority, and even if it didn't, the fact that Pennsylvania law prohibits the practice of hazing would ensure the university took a hard-line stance against it. No school is willing to challenge state or federal law.
It is not time to panic, however. You have the right to defend yourself from misconduct charges, including hazing charges. CMU policy affords accused students due process.
You also have the right to consult with an attorney. You want to make the best possible use of this right, though. Not just any attorney will do. The LLF Law Firm's Student Defense Team was founded to protect student rights. No one knows more about educational law. No one knows more about CMU judicial processes and procedures. We've represented hundreds of students, defending them from all manner of allegations. We can do the same for you.
We can't help, though, if you don't contact us. Call 888-535-3686 to find out, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at Carnegie Mellon University
Misunderstandings happen at college. False allegations sometimes happen. We'll get into how to defend yourself in a bit. Your first responsibility, though, is to avoid committing an act of hazing in the first place. That's sometimes easier said than done. CMU's policy is strict and complex. Understanding the major tenets of this policy, though, is a good place to start.
- Hazing incidents that lead to physical injury are the ones that typically make the news. CMU's definition of hazing doesn't just include “physical injury,” though. It also includes any harm to “mental health” as well as any activity that “willfully destroys or removes public or private property.”
- You also don't have to cause actual harm in order to be charged with hazing. It is enough merely to “endanger” others, though it is also true that your actions must be “intentional, knowing, or reckless.” That is, you should never face charges over an incident that is completely accidental and could not have been foreseen.
- CMU's definition of hazing applies to “any organization operating under the sanction of or recognized by the university.” Note that the university's policy makes no mention of fraternities or sororities. Any person affiliated with any organization can commit a hazing offense.
- CMU takes the trouble to say that you can be charged for hazing, whether it occurs on campus or off.
- The willingness of participants is not a defense to hazing. Any time membership in an organization is based on hazing activities, initiates cannot be said to have “consented.”
Carnegie Mellon doesn't prescribe specific sanctions for specific offenses. Ultimately, a Responsible finding in a hazing case can result in anything from a warning to dismissal. However, the anti-hazing policy states clearly that offenses can result in “disciplinary action up to and including suspension or expulsion from the university for students and loss of recognition for student organizations.”
Any time your academic future is threatened, you must take it seriously. Taking it seriously means uncovering evidence, carefully preparing your defense, and making certain you have an LLF Law Firm attorney in your corner.
Defending Yourself From Hazing Allegations
Despite your best efforts, you can still find yourself accused of hazing. In fact, even if you did make some sort of mistake, you have the right to defend yourself.
Here's how the process usually unfolds.
- Cases begin with a complaint lodged with the Office of Community Responsibility. As the accused, you are referred to as the “Respondent.” Any alleged victim is referred to as the “Complainant.” The issue is whether or not you are “Responsible for” (guilty of) an offense.
- The university must let you know if you are under investigation. You'll receive written notice of the charges that explains the allegations and lists your due process rights.
- Among your rights, you are entitled to a presumption of innocence, to review all evidence in the case, and to advance notification of any meetings or hearings. In addition, you have the right to select a Support Person to accompany you and to choose an attorney to serve in this role. The LLF Law Firm attorney cannot speak for you, but they can help you answer questions and present your defense.
- Next, the university will undertake an investigation. Often, investigators begin by interviewing the Respondent and any Complaints. They also speak with any witnesses and collect physical evidence.
- Hazing investigations can be complex and sometimes take weeks or even months to complete. Once investigators are done, though, the Office of Community Standards sets a time and date for a hearing and appoints one or more decision-makers to preside.
- The hearing is your chance to make your full case. Both sides offer arguments and support those arguments with evidence, including witness testimony. You may also raise questions about the other side's evidence and cross-examine witnesses.
- Cases at CMU are decided using a legal standard known as preponderance of the evidence. Far less strict than “beyond a reasonable doubt,” it requires decision-makers to find your Responsible if they are more than fifty percent convinced of your guilt.
- Your final due process right is the right to appeal the hearing outcome. This right is not unlimited, though. You must have grounds for your appeal, such as a procedural error, the discovery of new evidence, or a disproportionate sanction.
Keep in mind that while this outline may seem relatively straightforward, cases can be complicated by many factors. If there's a sexual component to the charge, for example, you may have to deal with federal Title IX rules and regulations. Cases can hinge on subtle interpretations of CMU policy or on the precise definitions of words like “consent,” “leadership,” and “reckless.”
You can count on the LLF Law Firm attorney to help guide you through every step in the process. They'll make sure you're fully prepared for every procedure and show you how to use your due process rights 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, though, doesn't mean you'll necessarily be found Responsible. The LLF Law Firm's Student Defense Team can make sure you're fully prepared to defend yourself. They can insist Carnegie Mellon 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 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.
