Hazing isn't like other sorts of misconduct allegations. Typically, these cases involve dozens of students, all telling different stories about what happened. Often, they involve multiple charges in addition to hazing, such as underage drinking charges, disorderly conduct charges, and even Title IX sexual misconduct charges. Just sorting out the basic facts of a case can be a nightmare. Oh, and these are the sorts of conduct violations that can get accused students featured on the local nightly news.
If you've been charged with hazing at The Ohio State University, you need help defending yourself. We're here to provide that help. The Lento Law Firm's Student Defense Team was founded to protect student rights. We've worked with hundreds of student clients, defending them from all types of misconduct allegations, including hazing. We can do the same for you.
We can help you respond to allegations and salvage your academic future. You need to act quickly, though. You can be sure the university is preparing its case against you. You need to be preparing 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 The Ohio State University
It's not easy to avoid a hazing charge at The Ohio State University. If you're a member of any campus group, you're a target. Why? Because the university's hazing policy is so broad, virtually any sort of initiation event could potentially meet the definition of hazing.
- As a starting point, hazing isn't just about the physical harm you might cause to a pledge. “Mental harm” and “humiliation” can also lead to a charge. In recent years, universities have undertaken investigations over simple verbal harassment and even instances when students were prevented from attending class.
- You don't have to cause actual harm to wind up investigated for hazing. Under university policy, hazing includes actions that create a “risk” of harm. This means that you can face charges even if absolutely nothing about your initiation event goes wrong.
- Hazing is frequently associated with fraternities and sororities. OSU's policy does not mention fraternities and sororities, though. Instead, it refers to “any group.” Intramural sports teams, music groups, and even honor societies can be accused of hazing.
- You don't have to be an active participant in hazing to be charged. If you're a part of the membership that planned an activity, that could be enough. In fact, simply failing to report your knowledge of hazing can lead to a charge.
- The “willingness” of initiates will not save you from a hazing allegation. Once membership in the organization requires participation, participation can no longer be said to be “willing.” Even if no one involved complains, you could still be charged with an offense.
The Ohio State University hazing policy is based on the state of Ohio's anti-hazing legislation, known as Collin's Law. In fact, university policy goes to the trouble of quoting the law word for word. You need to know, though, that university investigations are not dependent in any way on criminal investigations and prosecutions. Even if Ohio refuses to investigate you, and even if the state does investigate you and finds you innocent, OSU can still charge you and hold you accountable. The minimum sanction in these cases is usually suspension, and dismissal is always a possibility.
Defending Yourself from Hazing Allegations
OSU's anti-hazing policy is extraordinarily strict. That's the bad news. Let's talk about the good news. Accused students at the university have a number of important due process rights designed to protect them and to ensure they don't become victims of the judicial system. For instance, you're entitled to a presumption of innocence (“Not Responsible”). Ohio State must have evidence to substantiate any charges, and it must afford you the right to respond to that evidence.
- Cases begin with a complaint. Anyone at the university can lodge such a complaint against you, from organization pledges to organization advisors to other organizations. However, the Office of Student Conduct must believe the charges are credible before filing a formal charge against you.
- You are entitled to notice of any charges you're facing. This notice should explain the allegations, and it should contain a complete list of your due process rights.
- Among your due process rights, you're entitled to an advisor, someone to counsel you during investigative meetings and other proceedings. This advisor can be an attorney, which means someone from the Lento Law Firm can be on hand throughout the process.
- The Office of Student Conduct conducts a thorough investigation. This can sometimes take weeks or even months to complete. As part of the investigation, you should be invited to give your side of the story. In addition, you have the right to review any evidence investigators uncover.
- If the investigation produces enough evidence, the case then moves to a hearing phase. Once the Office of Student Conduct receives the investigators' report, it sets a time and date for this hearing.
- The hearing is an opportunity for both sides to make their cases. You can introduce evidence and call witnesses to testify. You may also raise questions for anyone testifying against you.
- One or more decision-makers then determine your level of responsibility using a legal standard known as "preponderance of the evidence." This standard requires they find you responsible (guilty) if they believe it is "more likely than not" that you committed an offense.
- Finally, you also have the right to appeal a hearing outcome that goes against you. However, you must have grounds for such an appeal, something like new evidence, an allegation of a procedural error, or a complaint about the severity of the sanction.
As even this basic outline suggests, hazing cases can be complex and difficult to navigate. However, you can count on your Lento Law Firm attorney to guide you through all processes and procedures. We'll work with you to find evidence of your innocence and map out your entire defensive strategy. We'll suggest questions for witnesses and coach you on how to present your case at the hearing. Along the way, we'll be beside you to offer advice and to ensure 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 Ohio State 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.
