Hazing is not a minor offense. It's not like trying to find a way around the campus's monitoring software or breaking into a classroom building on a Friday night. Hazing charges frequently wind up in the news. Not just the campus paper; your picture could be on CNN. Investigations are always zealous. Penalties are frequently severe. You absolutely do not want to try and defend yourself.
Luckily, you don't have to. The LLF Law Firm's Student Defense Team was founded to protect student rights, and we're committed to getting you fair treatment and the best possible resolution to your case. We know Penn State's administrative and judicial processes, and we can show you how to use them to your advantage. Most importantly, we're always on your side, and we can be fierce advocates for our student clients.
We can't start defending you, though, until you contact us. Call 888-535-3686 today, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at Penn State University
When it comes to hazing, Penn State isn't just another university. Pennsylvania's anti-hazing law, the Timothy J. Piazza Anti-hazing Law, is named for a Penn State student who died during a hazing incident.
Penn State's own policy is at least as strict as the law, and the university makes clear that you can be charged with hazing offenses even if the state of Pennsylvania decides not to pursue a case against you. In fact, even if you're eventually found innocent of charges in a court of law, Penn State can still find you responsible (guilty) and punish you with sanctions up to and including dismissal.
Whether you're looking to avoid committing a hazing offense or you need to respond to an allegation, protecting yourself begins with understanding the important components of Penn State's "hazing" definition. That definition is broad and applies to almost any type of initiation activity.
- Hazing isn't just about physical harm. In several places, Penn State's policy refers to "harassment," "mental health," "emotional harm," and general "inappropriate conduct." You can even be charged for causing an initiate "embarrassment."
- Likewise, the policy uses the word "risk" several times. That is, even if your hazing activities don't result in actual harm if they create a risk of harm, or if you enter into them "recklessly," you can be charged with an offense.
- While hazing is typically associated with fraternities and sororities, Penn State's policy doesn't define the term "organization." Any organization--from music clubs to honor societies--can be found responsible for this offense.
- In addition, hazing isn't just about initiation into an organization. Penn State policy includes “continuing or enhancing a minor or student's membership or status in an organization” in its definition.
- It's important to recognize that the consent of participants cannot be used as a defense to hazing charges. Once membership is at stake, participants can no longer be said to “consent” to an activity.
Penn State goes on to note that the university "does not tolerate hazing" and that both organizations and individuals are subject to severe penalties. Like most colleges and universities, Penn State maintains a range of sanctions, from warnings to expulsion. Remember, though, that hazing is a very public offense. Any time a university fears it could wind up on the evening news, you can expect it to issue harsh sanctions. Suspension and dismissal are the most common punishments in hazing cases.
Defending Yourself from Hazing Allegations
Of course, just because you've been accused of hazing doesn't mean you're guilty. Misunderstandings happen. False allegations sometimes happen. And even if you did make a mistake, you deserve a vigorous defense and a fair sanction.
As with any other misconduct charge, Penn State cannot simply level a charge at you and dismiss you. You have a right to due process. That starts with a presumption of innocence ("Not Responsible") and includes the right to an investigation and a hearing.
- It can be difficult to defend against hazing complaints because essentially anyone can make one—initiates, organization members, other organizations, organization advisors, faculty, staff, administrators, and security personnel.
- Penn State must provide you with notice of the charges, though. This notice should explain the allegations and provide a list of all your due process rights.
- Penn State will conduct a full investigation. Again, there must be evidence to prove your responsibility. As part of this investigation, you have the right to give your side of the story. Further, you can submit evidence and suggest witnesses for investigators to interview.
- Hazing investigations sometimes take weeks or even months to complete. Throughout the process, though, you have the right to review all evidence in the case.
- Once the investigation is complete, the university sets a time and date for a hearing before an assigned Decision-maker.
- At the hearing, both sides present evidence and call witnesses to testify. You may also raise questions for anyone testifying against you.
- The Decision-maker employs a legal standard known as "preponderance of the evidence" to decide your level of responsibility (guilt). According to this standard, you are responsible if it seems "more likely than not" that you committed the offense.
- Penn State maintains an appeals process. However, you must have clear grounds for an appeal, some element of the case that prevented you from receiving a fair hearing. Grounds can include a procedural error, the discovery of new evidence, and a disproportionate sanction.
Penn State affords you the right to a support person and to choose an attorney to serve in this role. This means someone from the LLF Law Firm can accompany you to all meetings and proceedings. They cannot speak for you, but they can advise you on how to answer questions and offer advice as you present your case.
Your attorney's more important role, though, is to prepare you for your case. They'll work with you, for instance, to gather evidence. They'll map out your defense strategy, suggest questions for witnesses, and coach you on how to present your evidence. Most importantly, they'll keep an eye on the entire process and make sure you're treated fairly.
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 Penn State 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 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.
