San Jose State University has a zero-tolerance stance towards hazing. If you should find yourself accused of this offense, you cannot afford to try and handle the situation on your own.
Hazing has become a matter of public importance. Even the California legislature has felt the pressure in recent years, passing meaningful anti-hazing legislation in 2024 that sets criminal penalties for anyone involved in hazing activities. In that kind of atmosphere, no school wants to be seen taking student misconduct lightly.
You need someone in your corner, someone looking out for your interests. You need an attorney from the Lento Law Firm. Our Student Defense Team was founded to protect student rights, and we take that responsibility seriously. We've helped hundreds of students defend themselves from charges, including hazing. We know SJSU's judicial system and how to use it to your advantage. Most importantly, we're always on your side, whatever your situation, and ready to use every resource at our disposal to make sure you're treated fairly.
We can help with hazing charges, but you need to contact us quickly. You can be sure SJSU is already building its case against you. You should be building your defense. 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 Jose State University
No college or university is going to ignore the law. San Jose State's anti-hazing policy actually defines hazing by referencing California law. If you want to avoid a charge, it's important you understand that definition. It's equally important if you've already been charged and are preparing to defend yourself. You can't possibly argue your innocence unless you fully understand what you've been accused of doing.
- SJSU's definition of hazing focuses on the physical harm it can do to students. The policy explicitly mentions “bodily danger.” However, you can also be charged for acts likely to cause “mental harm.” Intimidation, harassment, and embarrassment are all offenses. In fact, in recent years, college students have been charged for things like keeping pledges up too late.
- You don't have to actually cause harm to be charged with hazing at SJSU. The anti-hazing policy refers not to "actual" harm but to acts "likely" to cause harm. This is important since it means that even if nothing goes wrong during your hazing activities, you can still face allegations.
- Hazing is frequently thought of as a Greek problem. However, SJSU policy refers broadly to “organizations” and “bodies,” and further notes that all groups are subject to the hazing policy, whether or not they are officially recognized by the university. Music groups can be charged, as can honor societies, and even religious organizations.
- You don't have to be an active participant in hazing activities to be charged. According to SJSU policy, apathy to hazing is a punishable offense.
- The “willingness” of participants is not a defense to hazing charges. All participants in hazing activities are assumed to be “coerced.”
While SJSU's policy closely mirrors California state law, it's important to recognize that the university is not bound by limitations in the law. That is, even if California decides you are entirely innocent of criminal hazing charges, you can still be charged by the university. SJSU can investigate you, hold hearings, find you responsible, and apply penalties as they see fit. The minimum sanction in these cases is usually suspension. The more likely penalty is dismissal.
Defending Yourself From Hazing Allegations
The good news is that SJSU can't expel you, or suspend you, or apply any other penalty just because you've been accused of a hazing offense. You are entitled to due process. That starts with a presumption of "not responsible" (innocent). Only a "preponderance of evidence" can demonstrate your guilt, and you always have the right to refute any evidence the university uncovers.
- Anyone can accuse you of hazing—pledges, organization members, other organizations, advisors, faculty, staff, administrators, and security personnel. Only the university's designated Student Conduct Administrator, though, can file official charges against you.
- You are entitled to formal notice of any charges against you. This notice must include a description of the accusation and a complete list of your due process rights.
- Among your rights, you are entitled to an advisor and to select an attorney to fill this role. This means that a Lento Law Firm attorney can help you respond to investigative questions and be on hand throughout the case to offer advice.
- The university must conduct an investigation in order to uncover the facts of the case. You have the right to give your version of events to investigators. You further have the right to review any evidence investigators uncover.
- Hazing cases are frequently complex, involving dozens of students. As a result, they sometimes take weeks or even months to complete. When they are complete, investigators turn their findings over to the university, which then sets a time and date for a formal hearing.
- Hazing cases are serious enough that they are typically heard by a panel of decision-makers. You are allowed to make your full case to these decision-makers, to offer physical evidence, and to call witnesses to testify. In addition, you may raise questions for anyone testifying against you.
- All SJSU cases are decided based on the legal standard “preponderance of the evidence.” If decision-makers believe it is “more likely than not” that you committed an offense, they are obligated under this standard to find you responsible (guilty).
- If you should be found responsible, you can appeal that decision. In order to do so, though, you must have sufficient “grounds” for an appeal. This usually means a procedural error, the discovery of new evidence, or a disproportionate sanction.
Your Lento Law Firm attorney cannot speak for you. However, they can prepare you to speak for yourself. You can count on your attorney to work with you to track down evidence, coach you in how to respond to investigators, draft documents on your behalf, suggest questions for witnesses, outline your hearing presentation, and even give you practice in presenting that presentation.
Most importantly, though, you can count on your Lento Law Firm attorney to protect your rights throughout the process. You deserve fair treatment, and we'll make sure you get it.
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 that San Jose 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.
