Syracuse University takes hazing extremely seriously. Its anti-hazing policy talks about the practice in terms of "human dignity" and "substantial risks to the safety and well-being of individual students." Fair enough. All colleges and universities have the right to set disciplinary conduct policies for their students and to enforce those policies within the judicial constraints of due process.
The thing is, hazing is a very public offense. Incidents and allegations often garner enormous scrutiny from the media and the New York state legislature. That kind of scrutiny sometimes leads schools to take an overly zealous approach to enforcement. Perfectly innocent students get caught up in investigations. Accused students may find their rights threatened. And even if you did make some sort of mistake, you could very well find yourself facing a sanction that far outweighs the nature of your offense.
As a result, you cannot afford to try and defend yourself from a hazing charge. You need a professional in your corner, someone who knows the SU judicial system and who has experience representing student clients. You need someone from the Lento Law Firm's Student Defense Team.
If you've been charged with hazing at SU, don't wait. You can be sure the university is already preparing its case. You need to be preparing your defense. Call 888-535-3686 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 Syracuse University
One of the difficulties with defending yourself from a hazing allegation at Syracuse is that the university defines hazing so broadly. If you're going to avoid a charge, it's important you know exactly what constitutes an offense. If you've already been charged, this same information is crucial in developing your defense.
- As a starting point, you need to know that hazing isn't just about physical harm. The SU definition of hazing includes “mental” harm as well. Incidents involving physical injury and death are the ones that make the news, but simple verbal harassment can be enough to get you into serious trouble.
- Hazing isn't just about actual injury. The precise wording of SU's policy defines hazing as “any action that intentionally or recklessly causes or poses a substantial risk of harm." Note that this means you can be charged even if nothing goes wrong during your initiation event just for creating the conditions in which harm could occur. Likewise, you can be charged, even if you didn't intend harm, simply for making "reckless" decisions.
- Hazing is often associated with Greek life. However, SU's policy does not mention fraternities and sororities. In fact, any “group or organization” can wind up accused, from athletic clubs to honor societies.
- Again, hazing is associated with initiation rites. However, it can also be used for other purposes, such as continued membership in an organization or as a method of installing group leaders.
- Finally, Syracuse's policy makes clear that the “willingness” of participants is not a defense to hazing. In simple terms, this means you can be charged even if initiates don't complain. In fact, you can be charged even if they testify that they experienced no harm.
Syracuse promises to refer students to prosecution under New York state's anti-hazing law, which can result in a misdemeanor charge. It's important you recognize, though, that Syracuse is not bound by state law in terms of investigating and punishing hazing offenses. The university's policy is more strict than state law, and you can be charged whether or not the state decides to prosecute and whether or not you are found innocent in a state court of law.
Defending Yourself from Hazing Allegations
The Syracuse policy on hazing is “no tolerance.” However, the university cannot simply accuse you and dismiss you or accuse you and suspend you. You are entitled to due process protections. That starts with a right to a presumption of “Not Responsible” (innocence). Further, the university must conduct an investigation, and it must give you an opportunity to challenge any evidence at a hearing.
- Anyone on campus can file a hazing complaint against you with the Office of Community Standards. However, this office must decide whether the complaint is credible and actionable before it issues a formal charge.
- The Office of Community Standards will provide you with notice of any charges against you. This notice should explain the allegations and contain a list of all your additional due process rights.
- Next, the university undertakes a thorough investigation of the complaint. As part of this process, you'll have the opportunity to give your side of the story. Investigators also talk with any complainants (alleged victims) and potential witnesses and collect physical evidence associated with the case.
- Hazing cases sometimes take weeks or even months to complete. However, when they are complete, the university sets a hearing time and date.
- Your hearing may take place before a single administrator or a full Conduct Board. In either case, you have the right to present arguments for your innocence and evidence to support those arguments. You may call witnesses to testify, and you may raise questions for anyone testifying against you.
- Ultimately, decision-makers employ a legal standard known as "preponderance of the evidence" to determine your level of responsibility (guilt). This standard requires they find you guilty if they are more than fifty percent convinced you committed the offense.
- You also have the right to appeal a responsible outcome. However, you must have grounds to do so. Grounds at SU are strictly limited to
- Procedural error;
- New evidence;
- A “grossly inappropriate” sanction
Unfortunately, Syracuse does not allow students accused of misconduct—including hazing—to bring an attorney with them to meetings and other proceedings. Do not let this dissuade you from contacting the Lento Law Firm. The university cannot prevent you from seeking legal advice about your case.
In fact, your Lento Law Firm attorney can play a crucial role in your defense. They can prepare you for investigative interviews, work with you to uncover evidence, and help you develop your strongest lines of defense. They can suggest questions for witnesses, draft documents, and coach you in presenting your case. From start to finish, they'll protect your rights and advise you on how to use the SU judicial system to your best advantage.
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 Syracuse 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.
