Duke has a long and storied history, so it's no surprise that students here feel part of a tight-knit community. For many years, hazing was a strong part of that tradition. In recent decades, though, the university has recognized the inherent dangers that often come with hazing practices and has prohibited hazing absolutely.
Unfortunately, when schools react to student injuries and deaths, they tend to overreact. Most college and university hazing policies now go too far in protecting students. That's certainly the case at Duke. The anti-hazing policy bars road trips, such as sleep deprivation and even marching in line. Serve one drink at a hazing event, and you could find yourself charged.
The Lento Law Firm was founded to help protect student rights. We certainly don't advocate participation in dangerous hazing activities, but if Duke has charged you unfairly or is trying to assign a sanction that's simply too severe, we're here for you. Our Student Defense Team knows federal and North Carolina law as it applies to hazing and student rights. We also know how Duke's judicial procedures work and how to use them to your advantage. No matter what your situation is, we're on your side and dedicated to getting you fair treatment and a just resolution.
To find out more about what we do, call 888-535-3686, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at Duke University
North Carolina's anti-hazing legislation sets the standard for how universities—public and private—must respond to and prevent incidents. Duke's policy goes much further than state law, however.
Where state law defines hazing as “subject[ing] another student to physical injury,” for instance, Duke includes “emotional” and “psychological” harm in its definition. On those terms, a harsh word to a pledge can be enough to trigger an investigation.
Duke's policy extends the basic principles of the law in other ways as well.
- Hazing isn't just an action but also includes the creation of a "situation." Likewise, you need not actually cause harm to another person to be accused of hazing. Creating "potential" harm is enough.
- Hazing is not limited to Greek organizations. Nor does it matter whether or not an organization is officially recognized by the university. Any group, from intramural sports teams to honor societies, is subject to school policy.
- Activities both on and off campus are included in the policy.
- You don't have to be directly involved in an incident to be charged. Witnessing hazing or knowledge about hazing either before or after the fact are violations of policy.
- Finally, there is no “consent” defense. If membership in your group is dependent on any hazing activity, initiates cannot give “consent.” This effectively eliminates almost any type of initiation “requirements.”
Like other colleges and universities, Duke doesn't assign specific sanctions to specific policy violations. Punishments are meant to fit the nature of the crime. However, the university reserves the right to bar any organization from campus over hazing activities. In addition, individuals found Responsible for (guilty of) hazing are subject to sanctions up to and including suspension, dismissal, and revocation of degree.
Defending Yourself From Hazing Allegations
Your first responsibility, of course, is to avoid hazing in the first place. It's not worth losing your career at Duke.
It's not easy, though, avoiding anything that might be perceived as hazing. Misunderstandings happen. False allegations sometimes happen, especially when it comes to organizations that are naturally in competition with one another. What do you do when you find yourself charged with a hazing offense?
Duke must allow you the opportunity to defend yourself. Further, you have a number of due process rights you can use during the process.
- Anyone at the university can accuse you. That's one reason it's so difficult to defend against hazing allegations. However, Duke must believe the accusations are credible and actionable before pursuing a case against you.
- You are entitled to Notice of the Charges any time you are under investigation. This notice should detail the allegations and provide a complete list of your due process rights.
- Investigators typically begin by interviewing both the Respondent (the accused, you) and the Complainant (your accuser). In addition, they speak with potential witnesses to the incident and collect any physical evidence.
- Once the investigation is complete, investigators submit their findings back to the university. The university then sets a time and date for a hearing and appoints one or more trained decision-makers to preside over this hearing.
- At the hearing, you may offer arguments supporting your innocence or explaining your actions. You can introduce physical evidence to back those arguments and call witnesses to testify. You also have the right to cross-examine any witnesses against you.
- Should you lose your case, Duke also has an appeals process. However, you must have grounds for your appeal, such as a procedural error in the case or new evidence to present.
No misconduct defense is easy, but hazing defenses can be especially complex. It's easy to find yourself accused, and far too often, schools put the very worst spin on evidence. In addition to a careful reading of the facts of the case, you must often make subtle interpretations of school policy. The bottom line is that you should never attempt to defend yourself. In fact, even local attorneys don't usually have the skills necessary to handle one of these cases.
Lento Law Firm attorneys, on the other hand, focus specifically on student defense cases. We work with students every day. We know what Duke's rules and regulations have to say. We know what to expect from a campus hearing. No one gives you a better chance of success than we do.
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 Duke 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 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.
