Hazing is among the most serious offenses you can face as an Emory University student. It's the kind of allegation that can get you onto the front page of the Journal-Constitution. It can also be an incredibly complex charge to defend yourself against. Most cases, for example, involve multiple students. That can make it difficult to establish the facts of an incident. Proving your innocence or justifying your actions can involve subtle interpretations of Emory's hazing policy and terms like “consent,” “responsibility,” and “participant.” And you can sometimes be charged even if you weren't present when the hazing actually occurred.
In short, this is not a misconduct accusation you want to try and handle yourself. You need the very best help you can get. You need an attorney from the Lento Law Firm. Our Student Defense Team is dedicated to protecting student rights and to getting all of our clients the very best possible resolutions to their cases. We know how Emory's judicial system operates. We're experienced in talking to faculty and administrators. We know Georgia law and exactly what you're up against.
What can we do for you? Call 888-535-3686 today to find out, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at Emory University
Most states, including Georgia, now have anti-hazing statutes on the books. Georgia law is fairly unique, though, in creating school anti-hazing mandates. All schools in the state, both public and private, are required to maintain strict policies that incorporate certain minimum definitions of “hazing.” Additionally, all schools are required to make public all hazing incidents that occur each year.
In fact, Emory's policy goes even further than state law. Where state law bars activity that "endanger[s] the physical health of a student," Emory additionally prohibits activity that "has the potential to inflict emotional" harm, or that could "demean, degrade, disgrace, embarrass, harass, or humiliate any person."
Here are a few more aspects of the Emory policy you need to know if you're going to avoid a hazing charge.
- Both state law and school policy note that you can be charged for “endangering” others. That is, you don't have to actually cause harm in order to be guilty of hazing.
- Hazing isn't necessarily about “force.” “Coercing” someone into participating in dangerous activities qualifies as well. Additionally, Emory's policy makes clear that the “willingness” of participants is not a defense.
- “Organization” is broadly defined as “Any association, corporation, order, club, society, fraternity, sorority, athletic team, or a group living together.” Further, organizations can be held responsible for the actions of their alumni.
- Hazing isn't just about member initiation. You can also be charged for “hazing” current members or using hazing rituals to induct officers.
- Relocating an event off-campus will not shield you from a hazing charge.
Finally, as you might expect when dealing with such a serious offense, Emory tends to issue harsh sanctions to those students found Responsible for (guilty of) hazing. Indeed, the fact that the government requires the university to publicize all incidents means the school is bound to face enormous pressure from the community to undertake zealous investigations and to institute severe punishments.
It is no exaggeration to say that a hazing allegation could put your entire future in jeopardy. Even if you are ultimately proven innocent, these kinds of allegations can follow you long after you've left college.
This is another reason why it's important you have the Lento Law Firm attorney on your side. There is simply too much at risk to trust your defense to anyone else.
Defending Yourself From Hazing Allegations
The good news is that you always have the right to defend yourself from hazing charges. In fact, Georgia state law requires you be afforded due process protections. You are, for example, innocent ("Not Responsible") until proven guilty, and you must be allowed to review all evidence in the case.
Here's how the process at Emory usually unfolds.
- Someone levels an allegation against you. Often, the allegations concern the entire organization, but eventually, individual members almost always wind up accused as well.
- The university issues you formal notice of the charges. This notice describes the particulars of the offense and includes a complete list of your due process rights.
- Emory cannot find you Responsible without clear evidence. Thus, you can expect a thorough investigation. You should be asked to give your side of the story. In addition, you can submit physical evidence and suggest potential witnesses.
- Hazing investigations are complex and can take several weeks to complete. In the end, investigators submit a written report to the university. The university then sets a time and date for a hearing.
- Most hearings take place before a Conduct Council panel. Both sides present evidence and call witnesses to testify. Both also have the opportunity to raise questions for witnesses against them.
- The panel employs a legal standard known as “preponderance of the evidence” to decide the case. In simple terms, you are guilty if they are more than fifty percent convinced you are guilty.
- Among your due process rights, you also have the right to appeal the hearing outcome. However, grounds for appeal are strictly limited to issues like the discovery of new evidence or the revelation of a procedural error.
Emory does not allow you to be accompanied by an attorney during investigative meetings or at the hearing. Nevertheless, the Lento Law Firm attorney can play a crucial role in helping you to defend yourself.
Even if they cannot sit beside you while you present your case, they can work with you to design and develop that case. They can, for example, help you to uncover evidence, suggest your strongest lines of argument, recommend questions for witnesses, draft documents on your behalf, and even coach you in presenting your defense.
More important than anything else, they'll monitor what happens and make sure you're treated fairly at every step of the way. Any time a university wants to limit your due process rights by, for example, limiting your access to an attorney, you need someone watching over your shoulder to ensure 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 Lento Law Firm's Student Defense Team can make sure you're fully prepared to defend yourself. They can insist Rice 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.
