Colleges and universities take hazing extremely seriously, and with good reason. In the wake of tragic accidents, states across the country have passed strict laws outlawing all activities associated with hazing. No school is going to allow its students to flout the law. Beyond this basic motivation, though, the last thing a prestigious school like Columbia wants is to have its reputation tarnished by allegations that students are mistreating one another or, far worse, that a student has died as a result of such mistreatment.
The trouble is, when a school takes a strict stance towards a particular type of misconduct, it means they can develop an itchy trigger finger. Perfectly innocent incidents suddenly get treated as hazing. Perfectly innocent students wind up as suspects. And even if a student genuinely is guilty of hazing, they don't usually deserve the sentences they're given.
If you've found yourself accused, the Lento Law Firm's Student Defense Team is here to help. We're always on your side, and we back up that commitment with a knowledge of education law and experience representing hundreds of students. We know Columbia's policies and how the school's judicial system operates, and we're prepared to use what we know to defend your rights and make sure you get a fair and just outcome.
However, before we can help, you have to contact us. Call 888-535-3686, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at Columbia University
Colleges and universities can sometimes feel like their own little fiefdoms. They're always subject to state and federal laws, though. New York legislation outlaws hazing, making it a misdemeanor offense and setting stiff penalties for those who participate. Columbia certainly isn't going to ignore the law. In fact, the school's Student Code of Conduct makes clear that the school can take action against students for violations of the law--not just hazing, but any law--even if state and federal prosecutors choose not to.
Beyond this general prohibition, Columbia's Student Code of Conduct singles out hazing as a particularly egregious offense. Some of the more important elements of the policy to note:
- You don't have to have caused actual harm to be accused of hazing. Nor must you set out to cause harm. The university defines hazing as any intentional “or reckless” act which “endangers” others.
- Hazing isn't just about physical harm. It also applies to the “mental […] health” of the initiate. Colleges and universities have prosecuted students for participating in verbal abuse and even for making jokes at other's expense.
- Hazing doesn't just apply to fraternities and sororities but to any "group” on campus, formal or informal.
- Columbia reserves the right to charge students for hazing activities, whether they occur on campus or off.
- Even if you do not participate directly in hazing, knowledge of hazing activities is enough to result in a charge.
- You cannot use "consent," implied or expressed, as a defense for hazing. Once membership is contingent on hazing activities, participants can no longer grant consent, by definition.
Any policy that goes into this much detail is going to carry some severe penalties for those who violate it. Schools don't hesitate these days to ban organizations from campus over hazing allegations, and students who are found Responsible for offenses frequently receive penalties up to and including suspension and dismissal.
You can't afford to risk these kinds of sanctions. Your first job is to avoid any activity that might even carry the hint of a hazing violation. That's not always enough to protect yourself, though. When you find yourself accused, you need the best help you can get. You need someone from the Lento Law Firm on your side, protecting your interests.
Defending Yourself From Hazing Allegations
If you've already been accused, what can you expect from the process?
- Anyone on campus can accuse you of hazing—other organization members, rival organizations, organization advisors, faculty, staff, administrators, security personnel. The university must believe the accusations are credible, though, before opening an investigation.
- If you have been charged, you are entitled to a Notice of the Charges. This written document describes the nature of the allegations and includes a list of your due process rights. You are, for example, entitled to a presumption of innocence and to view all evidence in the case.
- You should expect Columbia to conduct a full investigation. As part of this investigation, they'll interview both sides of the case, talk with witnesses, and collect any physical evidence.
- Investigators' findings are summarized in an investigative report. This document becomes the foundation for the next phase of the case—a full hearing.
- One or more decision-makers preside over the hearing. Both sides then get to make their cases. You may offer up any reasonable argument, support arguments with evidence, and call witnesses to testify on your behalf. Of course, the other side in the case will do the same.
- At the conclusion of the hearing, decision-makers use a legal standard known as "preponderance of the evidence" to decide the case. If they believe you "more likely than not" committed the offense, they are required to find you guilty.
- You have one last right as the Respondent (accused)—the right to appeal the hearing outcome. However, Columbia only recognizes three grounds for appeal:
- A procedural error in the case;
- The discovery of new evidence;
- A disproportionate sanction.
Columbia allows you to bring an advisor with you to meetings and proceedings. However, you must select one of the university's own administrative advisors to serve in this role. That is, you are not allowed to bring the Lento Law Firm attorney with you to your hearing.
The Lento Law Firm regards this as a serious infringement of your rights. However, you should know that we don't have to step one foot on campus to play a crucial role in protecting you. Most of our job is preparing you to present your own case. We work with you to develop your entire defense, from uncovering evidence to coming up with witness questions. We'll talk you through what kinds of objections you might need to raise and offer advice on how your presentation should be organized. Our most important job, though, is to monitor your case and make sure you're treated fairly. You have rights. We'll protect them.
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 Lento Law Firm's Student Defense Team can make sure you're fully prepared to defend yourself. They can insist Columbia affords you every due process right to which you are entitled. In the end, they offer you your very best chance of success.
Let the Lento 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.
