You should never try to conduct a disciplinary misconduct defense on your own. Southern Methodist University's judicial procedures can be complex and difficult to navigate, and you're always going to be better off with someone on your side who understands campus justice.
When it comes to hazing allegations, though, it isn't just the procedures that can be complex. Typically, these cases involve dozens of students and multiple allegations. It can be difficult just deciding what happened, let alone sorting out who did what.
The Lento Law Firm's Student Defense Team was specifically founded to protect student rights. We're defense attorneys, but our focus is on helping students deal with university misconduct charges. To that end, we know exactly how SMU's judicial system works. We also have the experience of having represented hundreds of students in the past. No matter what your particular situation, we're on your side and ready to help.
It's important you contact us quickly, though. You can be sure SMU 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 Southern Methodist University
The best way to avoid a hazing charge at SMU? Avoid committing hazing at SMU. How do you do that? Well, first, you need to know the rules. Hazing is a complex offense that is broadly defined. Often, our clients don't even realize they've violated policy until they're facing a charge. Here are just a few of the more important aspects of SMU's policy that you need to remember.
- Hazing isn't just about keeping pledges safe from physical injury. In addition, SMU's policy makes the infliction of “mental harm” an offense. This means you can be charged for intimidation, embarrassment, and even simple harassment.
- Likewise, hazing isn't just about the harm you do. It's about the potential for harm you create. Even if nothing goes wrong and no one complains, you could still be charged with an offense for creating the circumstances in which harm might have occurred.
- Hazing is often associated with fraternities and sororities, but any campus group can be charged with an offense.
- Even off-campus activities are subject to SMU's anti-hazing policy.
- Hazing isn't always about inducting new members into an organization. It is also sometimes used to ensure continued membership in an organization or to induct existing members into leadership positions.
- By policy, no one can “willingly” submit to hazing. Even if you get initiates to sign waivers, the university will assume that they were “coerced” into participation.
Texas state law prohibits hazing, and that gives added weight to SMU's policy. In fact, SMU actually just quotes the law as its policy. However, the university also goes to the trouble of explaining that SMU's policy is separate and distinct from state law. You can be charged with a university offense even if the state declines to prosecute. Further, even if a judge and jury should find you innocent of charges, the university can still find you "responsible for" (guilty of) an offense and punish you according to its own policies.
The most common sanctions in these cases are suspension and dismissal. This is one reason why it's so important you have the Lento Law Firm attorney on your side. There's simply too much at risk to trust your case to anyone else.
Defending Yourself From Hazing Allegations
Any time you're accused of disciplinary misconduct at SMU, including hazing, you have the right to due process. In other words, the university can't simply accuse you and dismiss you or impose any other sanction. As a starting point, you're innocent until proven guilty (“not responsible until proven responsible”), and SMU needs concrete evidence to overcome that presumption.
- The Office of Student Conduct and Community Standards handles all hazing allegations. Anyone may make such an allegation, but the Office must determine the allegations are credible before it proceeds.
- If the Office of Student Conduct decides to charge you, you'll receive notice of those charges. This notice will explain the complaint and your due process rights.
- You can expect the university to undertake some type of investigation. It cannot substantiate charges against you without evidence. As part of the process, you should have the opportunity to give your side of the story, submit evidence, and suggest witnesses. You also have the right to review all evidence investigators uncover.
- Your investigation could take weeks or even months to complete. Hazing cases are especially complex. Once investigators submit their findings, though, the case is forwarded either to a Conduct Officer or a Conduct Board.
- Conduct Officers handle minor allegations at SMU. Usually, hazing is treated as a more serious offense and is heard by a full Conduct Board. In either case, you should have the chance to introduce evidence and call witnesses to testify. You may also raise questions about any evidence being used against you, including witness testimony.
- Decision-makers then employ the “preponderance of the evidence” legal standard to determine your level of responsibility (guilt). According to this standard, you are guilty if it seems “more likely than not” that you committed the offense.
- You have one more due process right—the right to appeal the hearing outcome. You must have clear grounds to do so, though--some issue related to the fairness of the process. This might include a procedural error, a new piece of evidence, or a disproportionate sanction.
Unfortunately, SMU does not allow you to bring an attorney with you to official meetings and other proceedings. Don't let this dissuade you from consulting with the Lento Law Firm attorney. We can provide you with crucial services even if we never step one foot on campus. We can, for example,
- Work with you to find evidence
- Coach you in responding to investigators
- Determine your strongest arguments
- Draft your hearing presentation
- Suggest questions for witnesses
- Give you practice in making your arguments
- Develop grounds for an appeal
Beyond these and other services, you can count on us to monitor everything that happens to ensure that SMU respects your rights and gives you a fair and just resolution.
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 Southern Methodist 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.
