There are few offenses Stanford University takes more seriously than hazing and with good reason. The past two decades have seen one tragedy after another across the country caused by students taking organization initiations too far. What seems like honest fun can turn deadly in an instant.
Unfortunately, as with many hot-button social issues, schools like Stanford tend to overreact to news stories, public pressure, and political scrutiny. They wind up accusing innocent students. They conduct overly-zealous investigations. They issue sanctions that are far more severe than offenses actually deserve.
If you've been caught up in a hazing situation, you need to know that the Lento Law Firm is on your side. It doesn't matter whether you're entirely innocent or you've made a mistake; you deserve fair treatment from Stanford. Our Student Defense Team wants to make sure that you get it. That's not just idealistic talk. We know the law, we know Stanford policy, and we know how to use campus judicial procedures to protect you.
What can we do for you? Call 888-535-3686 to find out, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at Stanford
Stanford's anti-hazing policy is actually driven by California state law. The penal code outlaws hazing at all educational institutions in the state, whether public or private, including all colleges and universities and it sets clear penalties for any person participating in hazing activities. The law's existence creates a mandate for Stanford to develop its own policies and to strictly enforce them.
It works like this: once California passes such a law, colleges and universities then become liable any time they fail to prevent campus community members from violating it. In order to avoid civil suits, Stanford must do absolutely everything in its power to eliminate hazing.
No surprise, then, that Stanford's policy is strict or that the university takes pains to make sure that every student is aware of it. You'll find information about the policy on the Student Conduct and Rights page, for instance, in the Student Bulletin, and mentioned over and over again in all fraternity and sorority materials.
What does the policy have to say? Here are the key points.
- California state law specifically associates “hazing” with “initiation or pre-initiation” into an organization. Stanford, however, more broadly outlaws “any activity” likely to “cause bodily danger” or “personal degradation or humiliation.”
- As the above definition suggests, physical harm need not actually occur to qualify as hazing. If the activity is “likely” to cause harm, it constitutes a policy violation.
- In addition, it is important to note that hazing is not just about “bodily harm.” Any act likely to cause another person psychological or emotional damage counts.
- The policy goes on to say that you need not be present during a specific act to be accused of hazing. Helping to plan hazing activities makes you just as guilty.
- Hazing isn't just barred to “official” campus organizations. Nor is it just prohibited as part of Greek life. Any organization, including athletic teams and honor societies, can be charged with hazing, whether they are registered with Stanford or not.
- Finally, the “consent” of the individual involved is not a defense to a hazing charge. Stanford assumes that placing hazing conditions on membership in an organization by definition makes hazing activities “non-consensual.”
Like most colleges and universities, Stanford does not tie any specific sanctions to hazing. However, the policy does state that penalties can include expulsion and the loss of organizational status.
Defending Yourself From Hazing Allegations
Stanford's policy is strict enough that even the hint that an activity might be related to hazing is enough to result in charges. It's crucial you protect yourself by not only avoiding direct participation in such activities but also remaining vigilant as to any events your organization might be planning.
Should you find yourself caught up in a hazing allegation, however, you should know that you do have rights under Stanford policy. You are entitled, for example, to be treated as “Not Responsible” (innocent) until proven “Responsible” (guilty). The university cannot simply accuse you and assign a sanction. It must conduct an investigation and give you an opportunity to defend yourself at a formal hearing.
- You should be aware that a hazing allegation can come from anyone—other organizations, students, including members of your own organization, organization advisors, faculty, staff, administrators, and anyone else connected to the campus community. However, Stanford must believe the allegations are credible before it can establish formal charges.
- · You are entitled to written notice of the charges against you. This notice should explain the allegations and include a full list of your due process rights.
- The burden of proving the allegations rests with Stanford, so you can expect the university to conduct an investigation. As part of that investigation, though, you have the right to give your side of the story, to offer evidence proving your innocence, and to suggest a witness to be interviewed.
- Once the investigation is complete, investigators submit a summary of their findings. You have the right to review this document and all evidence in the case.
- Next, you'll have the opportunity to make your case at a hearing. You can introduce evidence and call witnesses to testify. You can also raise questions about evidence against you. This includes the right to cross-examine witnesses.
- Decision-makers employ a legal standard known as “preponderance of the evidence” in determining whether or not you are Responsible for the offense. This standard requires them to find you guilty if they are more than fifty percent convinced you committed the offense.
- You can appeal a Responsible finding, but only under certain conditions such as a procedural error, the discovery of new evidence, or a disproportionate sanction.
Unfortunately, Stanford does not allow you to bring an attorney with you to investigative meetings and hearings. The Lento Law Firm regards this as a violation of your due process rights and an obstacle to campus justice.
However, this prohibition does not prevent you from consulting with the Lento Law Firm attorney, and the bulk of what we do doesn't involve accompanying you to proceedings. We can help you develop your entire defense, from working with you to uncover evidence to drafting documents, suggesting questions for witnesses, prepping you to respond to questions, and coaching you on how to present your arguments at the hearing. Most of all, we'll keep an eye on the entire process and make sure 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 Stanford affords 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.
