Not all university offenses are created equal. Hazing isn't your typical offense. Hazing is included in SUNY, Stony Brook's Code of Student Responsibility, right beside prohibitions against underage drinking and "misuse of computer resources." Having a beer on Friday night isn't going to get you on the front page of the paper, though. Hazing absolutely can.
Hazing defenses can also be particularly complex. Beyond establishing the facts of the case, you may need to raise questions about school policy and debate definitions of words like “consent,” “organization,” and “officer.” You may be only one of several Respondents (defendants). If there are any sexual elements to the case, you may be dealing with Title IX rules and regulations.
In short, you never want to take on hazing charges alone. Even most attorneys don't have the background and experience to handle these cases. The Lento Law Firm, though, was founded to protect student rights. Our Student Defense Team is well-versed in your due process rights, and we know exactly how SUNY, Stony Brook judicial procedures work. Most importantly, we're always on your side, no matter the charges, no matter the situation.
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 the SUNY, Stony Brook
Defending yourself from hazing allegations starts with understanding how SUNY, Stony Brook defines hazing. Obviously, this will help you avoid charges in the first place. Just as importantly, it gives you an advantage in responding to the charges. You can't hope to defend yourself if you don't understand what you're accused of having done.
SUNY, Stony Brook's definition is especially broad, which means almost anything connected to initiate rites might be considered hazing. Here are some of the more important features of that definition.
- Hazing involves actions that risk physical injury, but the term also applies to actions that risk participants' “psychological” and “emotional” health. Carefully consider what this means. Any type of verbal harassment would qualify as hazing. Encouraging pledges to drink would count. Even preventing an initiate from concentrating on their studies could lead to a charge.
- Hazing isn't just about actual injuries. Simply creating the “risk” of injury counts. This means that even if absolutely nothing goes wrong during your hazing rites, you could still face charges.
- SUNY, Stony Brook's definition makes no mention of a Greek organization. Certainly, fraternities and sororities can be charged with hazing, but so can less obvious campus organizations like music clubs and honor societies.
- The definition also includes the phrase “regardless of the person's willingness to participate.” In short, it doesn't matter if pledges agree to hazing activities. Hazing is hazing. Likewise, you can be charged even if no one lodges an actual complaint against you.
Finally, you need to know that sanctions for hazing can be severe. The university doesn't prescribe any particular punishments. However, this is a very public offense, the kind of offense that can get your picture in the paper. No school wants to seem soft on misconduct, and you can expect yours to impose the harshest possible penalties it can get away with. That usually means at least suspension and, more likely, dismissal.
When your future is at stake, you cannot afford to take any chances. You must seek the best possible help. That means contacting the Lento Law Firm.
Defending Yourself from Hazing Allegations
The good news is that you do have rights. SUNY, Stony Brook can't simply accuse you and dismiss you. Any time you're charged with a misconduct offense, including hazing, you're entitled to a presumption of innocence (“Not Responsible”). The university cannot proceed against you without concrete evidence, and it must allow you to respond to that evidence.
- Hazing complaints can arise from anywhere, including pledges, organization members, other organizations, and campus administration. However, the university must decide whether the complaints are credible before issuing a formal charge.
- You'll receive formal notice of any charges. That notice should provide enough details of the allegations to begin building your defense. In addition, it should outline all of your due process rights.
- SUNY, Stony Brook gives you the right to an advisor of your choice. This means a Lento Law Firm attorney can accompany you to all meetings and proceedings.
- Again, the university needs concrete evidence to proceed against you. You can expect a thorough investigation. You have the right to give your side of the story, though, and to submit evidence and suggest potential witnesses.
- Hazing investigations are often complicated and can take several weeks or even months to complete. You should have access to all evidence, though, and you can use this evidence to build your case further.
- Once the investigation is complete, a hearing takes place, usually before a Hearing Board made up of students, faculty, and staff. Both sides get to offer arguments and back those arguments with evidence, including witness testimony.
- The Board doesn't have to find you guilty “beyond a reasonable doubt.” Instead, members employ a standard known as “preponderance of the evidence” to decide whether it is “more likely than not” that you committed an offense.
- Due process entitles you to a fair investigation and hearing. If you feel you've been mistreated in any way, you can appeal the hearing outcome. Grounds for appeal typically include new evidence, a procedural error, or a disproportionate sanction.
Your Lento Law Firm attorney can help you answer questions and present your case. They'll do far more than that, though. They'll work with you to uncover evidence and outline your entire defense. They'll suggest questions for witnesses and map out your hearing strategy. They'll draft documents and coach you in presenting your case.
Their most important job, though, is to 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 SUNY, Stony Brook 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.
