If you're a member of a Harvard University organization—official or unofficial—you're always a target for a hazing allegation. The last two decades have seen increased scrutiny of hazing activities, and, worried over their reputations, colleges, and universities have become quick to accuse students and organizations and overly severe in the kinds of penalties they assign. Suspension and dismissal are common sanctions.
How do you protect yourself? You make sure you are absolutely clear on just how Harvard defines hazing. This can help you avoid getting into trouble in the first place.
We all make mistakes, though. Or maybe you're entirely innocent, but you're the victim of some kind of misunderstanding or false accusation.
Whatever your situation, the attorneys at the Lento Law Firm can help. Our Student Defense Team was built to protect student rights. They can advise you about what is and isn't acceptable when it comes to organizational activities. They can guide you through judicial processes if necessary. They can make sure you get the very best possible resolution to your case.
Tell us about your situation and how we can help. Call 888-535-3686, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at Harvard
Understanding Harvard's anti-hazing policy begins with understanding Massachusetts's anti-hazing legislation. The law sets clear penalties for both individuals and organizations that participate in hazing. Leaving this fact aside, though, by criminalizing such activities, Massachusetts creates a clear mandate for all colleges and universities in the state to investigate hazing incidents, punish offenders, and put in place preventative measures. Harvard can be held liable for hazing and, thus, goes to great lengths to keep such incidents from happening in the first place.
In fact, the Harvard policy primarily focuses on what the law has to say. For example, it copies Massachusetts's legal definition of hazing verbatim:
“Any conduct or method of initiation...which willfully or recklessly endangers the physical or mental health of a student or other person.”
Though concise, this definition includes several important points.
- Hazing does not apply exclusively to initiation rites. It can include “any conduct.”
- An action need not cause actual harm in order to be considered hazing. Placing a person in danger is enough.
- Hazing includes the potential for mental harm as well as physical harm.
- Any threat of danger constitutes hazing, whether that threat applies directly to a student or to some other person.
The law goes on to offer additional guidance as to what constitutes "hazing," and everything it says applies equally to Harvard's policy. For instance,
- While hazing is often associated with fraternities and sororities, it can be connected to membership in any type of organization, from athletic teams to honor societies.
- The law—and, by extension, Harvard policy—applies to activities both on and off campus.
While Harvard bases its policy on state law, it adds some conditions as well.
- All student groups, even unofficial groups, must provide updated contact information for all organization officers.
- All student groups must complete the Student Organization Re-Register process.
- All student groups must attest that they are aware of and in compliance with federal and Massachusetts state anti-hazing guidelines.
As all of this material suggests, hazing is a complicated offense. This means you can easily find yourself accused even without realizing you've broken any rules. Even failing to fill out proper paperwork can expose you to an accusation of wrongdoing. Likewise, it suggests that defending yourself from a charge of hazing is no simple matter. It can sometimes be difficult, for example, to separate organizational charges from individual charges or to decide which members of an organization were actually involved in a particular incident.
Luckily, the attorneys at the Lento Law Firm are well-versed when it comes to Harvard's hazing policy, and they're highly experienced at defending students from hazing charges.
Defending Yourself From Hazing Allegations
What happens when you're charged with a hazing offense? The good news is that Harvard has a clear process in place for defending yourself from allegations. Again, though, this process can be complex and difficult to navigate on your own.
- A hazing accusation can come from anyone—other students, other organizations, organization advisors, faculty, staff, administrators, and anyone else connected to the campus community.
- You'll know there is a problem when you are issued a Notice of the Charges. This notice should provide details of the allegations, and it should contain a complete list of your due process rights.
- You should expect the university to undertake some form of investigation. You are entitled to a presumption of innocence ("Not Responsible"), and Harvard bears the burden of uncovering proof of your guilt. During this process, you have the right to give your side of the story, to submit evidence, and to suggest witnesses.
- Investigators submit a written report of their findings to the school's Administrative Board. The Board then appoints a three-member Disciplinary Subcommittee to hear the case.
- You are entitled to present your full defense at a hearing. You may introduce evidence and call witnesses to testify. You may also cross-examine any witnesses against you.
- The Disciplinary Subcommittee members then use a legal standard known as “preponderance of the evidence” to decide whether or not you are “Responsible for” (guilty of) the hazing offense. According to this standard, you are responsible if they are more than fifty percent convinced of your guilt.
- You can appeal a negative hearing outcome. However, you must have grounds for such an appeal. Grounds at Harvard are limited to a procedural error or the discovery of new evidence.
You should be aware that Harvard does not allow you to bring an attorney with you to meetings and proceedings. This does not mean you should forgo consulting a Lento Law Firm attorney. In fact, it emphasizes the importance of doing so. Even if your attorney cannot accompany you to your hearing, they can provide crucial advice on all aspects of your case, from formulating your defense strategy to suggesting questions for witnesses. More important than anything else, they'll closely monitor your entire case and make sure you're treated fairly at every step in the process.
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 Harvard 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.
