If Santa Clara University has charged you with hazing, you can't afford to try and handle the situation on your own. Sanctions are serious, and the judicial process in these cases can be difficult to navigate. Often, hazing allegations involve dozens of students. Just sorting out who did what can be a nightmare, and that's before you get into complex issues like what defines “consent” and what counts as “harm.”
In constructing and delivering your defense, you want the very best help you can find. That means hiring someone from the Lento Law Firm.
The Lento Law Firm's Student Defense Team was founded to protect student rights. We're attorneys, but we focus on student defense. As a result, we understand how campus judicial processes and procedures work. We know Santa Clara University's rules and regulations. Most importantly, we're on your side no matter what and ready to fight to get you a fair resolution.
It's important you contact us quickly, though. You can be sure Santa Clara University 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 Santa Clara University
Most students think they know what hazing is. The fact is, though, that SCU's definition of hazing (Student Handbook 18) is so broad that it includes almost any sort of initiation activity. As a result, students frequently wind up accused of offenses without ever realizing they made a mistake. For example,
- You can be charged with hazing even if no one is physically injured. SCU's anti-hazing policy isn't just concerned with "physical" harm but also the "mental" and "emotional" harm activities might cause participants. Verbal harassment can trigger an investigation, and in recent years, college students have even been accused of waking pledges up in the middle of the night.
- In fact, you don't actually have to “cause” harm to wind up accused. Hazing is defined as any activity that recklessly, intentionally, or knowingly causes or endangers” another person.
- Hazing isn't just something that happens in fraternities and sororities. In fact, SCU's policy never mentions Greek life at all. Instead, it uses broad terms like "group," "organization," and "body." Honor societies and their members are not immune to charges.
- SCU's policy also makes “complicity” in hazing an offense. You can be charged for “Failing to prevent, discourage, and/or report hazing.”
- The “willingness” of participants is not a defense to hazing. In fact, you can be charged even if no one complains. The university regards all participation as “coerced.” The bottom line is that your actions define hazing even if nothing goes wrong.
Universities don't operate in a vacuum. Even private universities like Santa Clara University are subject to state law, and California's recently passed Matt's Law not only outlaws hazing but imposes stiff penalties on anyone found guilty of such an offense.
However, SCU's policy is stricter than state law, and SCU is fully entitled to pursue charges against students even when the state declines to do so. California may decide you're entirely innocent of hazing, but SCU can still find you responsible for (guilty of) an offense and impose serious penalties up to and including suspension and dismissal.
Defending Yourself From Hazing Allegations
Any time you're accused of disciplinary misconduct at Santa Clara University, including hazing, you're entitled to due process. In simple terms, the university cannot simply accuse you and impose a sanction. It must have evidence to substantiate any charges against you, and it must provide you the opportunity to dispute that.
Here's what the process looks like.
- Anyone at SCU may accuse you of hazing, from pledges to administrators. However, the university must determine whether any accusations are credible before they proceed.
- You are entitled to notice of any charges against you. That notice must include a description of the complaint and a list of your due process rights.
- The university appoints a conduct officer or board to investigate the incident. You should be invited to give your side of the story and to submit any evidence you might have. In addition, investigators interview complainants and other witnesses and collect physical evidence.
- Hazing investigations often take weeks or even months to complete. Ultimately, though, investigators turn their findings over to the university, which then sets a time and date for a hearing before a separate conduct officer or board.
- The hearing gives both sides the chance to make their cases. You are entitled to submit evidence and to call witnesses to testify. You may also raise questions for any witness testifying against you.
- Decision-makers in the case determine your level of responsibility based on a legal standard referred to as “preponderance of the evidence.” This standard requires them to find you guilty if they are more than fifty percent convinced you committed the offense.
- You can appeal a negative hearing outcome. However, to do so, you must be able to prove that you were prevented from fairly presenting your case. “Grounds” for an appeal typically include things like the discovery of new evidence, the revelation of a procedural error in the case, or a disproportionate sanction.
Note that the Lento Law Firm attorney cannot “represent” you the way they would in a criminal trial. In fact, SCU bars attorneys from attending disciplinary misconduct proceedings. Do not let that dissuade you from hiring the Lento Law Firm attorney.
The thing is, your attorney can do far more for you than simply sit beside you during investigative meetings and hearings. They can map out your entire defense, from what kinds of questions you should ask witnesses to evidentiary exhibits. In addition, it's their job to monitor the case and ensure you're treated fairly. You can count on them to do this even if they're not allowed to step one foot on campus.
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 Santa Clara 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.
