Most students join one organization or another while they're in college. It looks good on a resume. It can also make you vulnerable to hazing allegations, though. Though we typically associate hazing with Greek activities, hazing can happen in any organization, from intramural athletic teams to honor societies. And you don't have to have been directly involved to find yourself accused. Plenty of students wind up charged with hazing every year simply because they're associated with a group that's under investigation.
How can you protect yourself? First and foremost, you make sure you know the rules. That's sometimes easier said than done. NYU's anti-hazing policy is strict, and it covers a wide range of activities. So, you also need to know how NYU's judicial procedures work. That way, you'll be able to navigate them if you need to. Finally, you don't want to try and take on the university all on your own. You need help. So, you always want to keep the Lento Law Firm's phone number handy.
Why the Lento Law Firm? We are the premier firm in the country when it comes to representing students in misconduct investigations. Our Student Defense Team has helped hundreds of students respond to every conceivable type of charge. We know the law, we know NYU processes and procedures, and we are always on your side.
What can we do for you? 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 New York University
Most schools these days have strict anti-hazing policies. There have been too many hazing incidents over the last two decades in which students have been seriously injured or even died. In fact, NYU's policy carries special weight because it derives from New York state law. Once such a law is in place, universities can be held liable any time an incident occurs on campus. No school is going to risk a civil suit.
It's worth pointing out, though, that NYU's policy goes well beyond the law. Here are the important points you should know.
- New York law focuses on whether or not a given activity causes “physical” harm. NYU's policy relies on a far stricter standard. The university can charge you for any behavior that causes “mental, physical, or emotional discomfort.” Under this definition, even a tasteless joke might be grounds for an allegation.
- NYU policy further makes clear that you don't need to cause actual harm to be charged with an offense. If you create a "situation" in which such harm could occur, "intentionally or unintentionally," you are guilty of hazing.
- Relocating activities off-campus won't protect you from a charge.
- Making requirements “optional” won't protect you from a charge.
- You cannot use the “consent” of the initiate as a defense. If membership in the organization is based on hazing, no one can be said to “consent” to participation.
The policy doesn't set specific penalties in hazing cases. Quite rightly, NYU takes a number of factors into account when sanctioning disciplinary misconduct. An incident might garner anything from a warning to outright dismissal. Hazing incidents have a tendency to make the news, though, and that puts special pressure on schools to take hardline stances against the activity. Organizations are frequently banned or dissolved, and individuals tend to wind up suspended or dismissed.
Defending Yourself From Hazing Allegations
You do have the right to defend yourself from hazing allegations. As with any other misconduct offense, NYU must treat you as innocent ("Not Responsible") until proven guilty. In order to come up with that proof, the university must conduct an investigation. Further, it must give you the chance to defend yourself at a hearing.
Here are the key elements of the Student Conduct Procedures.
- Anyone on campus can level a charge against you—initiates, members of your own organization, members of other organizations, faculty, staff, administrators, organization advisors...anyone. Most hazing allegations are handled by the Office of Student Conduct.
- The OSC must provide you with a Notice of the Charges if you are under investigation. This notice is crucial to developing your defense, especially if you are innocent. It describes the allegations against you and explains your several due process rights.
- The OSC then conducts an investigation, looking to uncover the facts of the case. You should have an opportunity to give your side of the story. You can also offer evidence and suggest witnesses for investigators to interview.
- One of your most important rights is the right to an advisor. The Lento Law Firm attorney can be on hand during investigative interviews and to help you answer questions.
- Investigators are tasked with creating a written report of their findings. This then becomes the foundation for the hearing that follows. You always have the right to review this report.
- Hearings take place before a three-person panel made of one student, one faculty member, and one administrator. Both sides argue their cases using evidence and witness testimony. Both sides have a chance to refute evidence and cross-examine witnesses.
- Once the hearing is complete, the panel deliberates on your level of responsibility (guilt). They are required to use a legal standard known as “preponderance of the evidence” to do this. This standard states that guilt must be based on whether it is “more likely than not” that you committed the offense.
- NYU also maintains an appeals process. This is not a chance to argue your innocence again. Instead, it offers you an opportunity for justice if you were mistreated in some way by the process itself. Grounds for appeal are usually limited to issues like a procedural error, new evidence, or a disproportionate sanction.
A hazing defense can be tricky. You never know where an allegation may come from. Arguments often depend on subtle interpretations of school policy. There can be complicating factors like multiple defendants or a sexual misconduct component to the case. As a result, you never want to try to handle a hazing charge on your own. Trust the Lento Law Firm attorney to know the judicial process and to show you how to use it 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 Lento Law Firm's Student Defense Team can make sure you're fully prepared to defend yourself. They can insist NYU 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.
