Hazing isn't like other sorts of university misconduct allegations—trespassing, for example, or defacing your dorm room walls. Hazing cases can be enormously complex. Just sorting out who did what to whom and when is a major undertaking. You may be facing additional charges as well, such as Title IX sexual misconduct, disorderly conduct, or underage drinking charges. San Diego State's anti-hazing policy is complicated, and a solid defense may require subtle interpretations of just what it says.
You're pretty smart but not smart enough to handle a hazing defense on your own. You need professional help. You need someone from the Lento Law Firm's Student Defense Team. We were founded to protect student rights. We're attorneys, but we focus specifically on helping students defend themselves. We know how the University of San Diego's judicial procedures work, and we've defended hundreds of students just like you.
If you've been charged with hazing at SDSU, don't wait. Call 888-535-3686 today to find out how we can help, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at San Diego State University
What is the best way to avoid a charge of hazing at San Diego State? Make sure you know what can get you into trouble. Sounds easy, right? The thing is, SDSU's anti-hazing policy isn't as “intuitive” as you might think. Plenty of students wind up charged with hazing offenses every semester over things they did that they didn't even know were hazing. For example,
- Hazing doesn't just apply to physical harm. SDSU's policy also defines hazing as “mental” harm. Why does this matter? It means you can be charged for things like harassment, sleep deprivation, and even simply preventing a person from having enough time to study.
- Hazing isn't just defined as the actual harm you might do another person. Any activity "likely to cause" physical or mental harm can get you into trouble. What this means is that even if nothing goes wrong with your hazing event, you can still be charged simply for creating circumstances in which harm might have occurred.
- Hazing is traditionally associated with fraternities and sororities, but any university organization can be charged with this offense, from music groups to honor societies.
- You cannot avoid a hazing charge by having pledges sign waivers. Any time membership in the organization is at stake, participants cannot "consent" to a hazing activity. Even if none of your initiates choose to press charges, the university can still accuse you of hazing.
Finally, keep in mind that while California now has a state anti-hazing law, that law is separate and distinct from SDSU's policy. For starters, university policy is stricter than the law. That means even if the state clears you of a hazing offense, it will have no impact on SDSU's decision to investigate you, prosecute you, and punish you.
What kind of punishments are we talking about? Technically, SDSU can apply any penalty to a hazing offense, from warnings to dismissal. These are very public offenses, though, and schools are under tremendous pressure these days to issue harsh sanctions. Suspension is usually the minimum penalty in these cases, and dismissal is always a possibility.
Given these stakes, you cannot afford to go it alone in mounting your defense. A Lento Law Firm attorney provides you with the very best possibility of successfully salvaging your academic future.
Defending Yourself From Hazing Allegations
There is some good news when it comes to hazing at SDSU. The university cannot simply accuse you and punish you. As with any misconduct offense, you are entitled to due process protections, including the right to a presumption of innocence, the right to review all evidence against you, and the right to respond to evidence at a formal hearing.
- While anyone can lodge a hazing complaint against you, the university must believe the complaint is credible before it proceeds to a formal charge.
- You are further entitled to notice of any charges against you. This notice must describe the nature of the complaint and provide you with a complete list of your due process rights.
- Further, you are entitled to an advisor and to select an attorney to fill this role. This means your Lento Law Firm attorney can help you from the moment you are charged until your last appeal is exhausted.
- SDSU cannot find you responsible for a hazing offense without evidence. This means the university must undertake a thorough investigation. You always have the right to give your side of the story to investigators.
- Once the investigation has concluded, investigators submit their findings to the university. SDSU then selects a time and date for a hearing and appoints decision-makers to preside over this hearing.
- The hearing is your opportunity to make your full case. You may offer up any arguments in defense of your innocence, as well as physical evidence and witness testimony. In addition, you may challenge any evidence being used against you, including witness testimony.
- Decision-makers then employ a legal standard known as “preponderance of the evidence” to determine whether or not you committed an offense. According to this standard, you are responsible (guilty) if they are more than fifty percent convinced of your guilt.
- You can appeal the hearing outcome should you lose. However, you must be able to provide clear "grounds" for your appeal, such as a procedural error, new evidence, or a disproportionate sanction.
Again, your Lento Law Firm attorney can be at your side throughout the investigation and hearing. This is only a small part of their job, though. They'll help you put together your entire case, from uncovering evidence and mapping out your strategy to suggesting questions for witnesses and giving you practice in presenting your arguments. Most importantly, they'll keep an eye on everything that happens and 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 San Diego State University 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.
