As a student, you should never try to handle a misconduct allegation alone. Any misconduct allegation. Trying to handle a hazing allegation on your own, though, is just plain foolhardy. Hazing cases typically involve multiple complainants (alleged victims) and multiple respondents (accused students). Just sorting these out can be mind-bogglingly difficult. Often, hazing cases involve additional charges, like underage drinking or Title IX sexual misconduct, which makes the situation exponentially more complex. You can actually be accused of hazing even if you weren't present at an incident. Wrap your head around that one. And forget trying to establish the facts when there are so many factors in play. Even the average attorney isn't qualified to take on that level of defense.
You need someone from the Lento Law Firm's Student Defense Team.
We're defense attorneys, but we're not just defense attorneys. We're specifically focused on protecting student rights. We know the University at Buffalo – SUNY's hazing policy and how the school's judicial process works. More important than anything else? Whatever the charges, we're always on your side and committed to getting you the best possible resolution to your case.
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 University at Buffalo - SUNY
As it happens, hazing isn't just a matter of university policy at the University at Buffalo – SUNY. It's a matter of New York state law. What difference does that make? It puts a special sort of responsibility on the university's shoulders to both respond to hazing complaints and institute harsh penalties for those found to be responsible. The law creates liability for colleges and universities, and it creates public pressure on schools to respond to every allegation.
Here's the thing, though: the University at Buffalo – SUNY policy actually goes further than state law. State law, for example, focuses on “physical injury.” University at Buffalo – SUNY policy uses the language “mental and physical health.” That makes humiliation, intimidation, and even simple verbal harassment chargeable offenses.
What else do you need to know about the school's policy if you're going to avoid getting into trouble?
- You don't have to cause actual harm to find yourself accused of hazing. School policy—and state law—uses the word "endangers." Even if everything about your hazing activity goes smoothly, you can still face charges for creating a risk of harm.
- Hazing doesn't just apply to Greek organizations. As the University at Buffalo – SUNY policy spells out, “Hazing occurs in sports teams, clubs and organizations, fraternities and sororities, honor societies, and more.”
- Hazing isn't just about initiation into an organization. It can also be used to ensure “continued membership” in a group or organization.
- Even if you did not actively participate in hazing, you can still be charged as a “passive participant” simply for being present and failing to report the activity.
- Finally, “willingness to participate” is not a defense to hazing. Once membership in the organization depends on participation, that participation can no longer be said to be "willing."
The University at Buffalo – SUNY makes no mention of specific penalties tied to hazing. Like most colleges and universities, it prefers to base sanctions on the context of events. That said, the very public nature of most hazing investigations ensures schools utilize severe penalties. The University at Buffalo – SUNY doesn't want to be accused of taking hazing offenses too lightly, and it will sometimes go to extremes to prevent that from happening. The bottom line is that suspension is typically the minimum sanction, and dismissal is always a possibility.
When your academic future is on the line, you cannot afford to try and handle the situation on your own. The attorneys at the Lento Law Firm are knowledgeable and experienced, and they give you your very best chance of surviving a hazing charge.
Defending Yourself from Hazing Allegations
The only good news about a hazing charge is that the University at Buffalo – SUNY is required under its own policies to provide you with due process. That starts with a presumption of innocence (“Not Responsible”). Here's what else you can expect.
- Anyone at the university can accuse you of hazing, including initiates, organization members, other organizations, organization advisors, faculty, staff, administration, and security personnel. The university must believe the accusations are credible, however, before issuing formal charges.
- The university cannot investigate you in secret. If you have been charged, the university must issue a formal written notice of those charges. This notice should contain details about the allegations and a list of your several due process rights.
- One of your most important rights is the right to an advisor and the right to select an attorney to fill this role. Your Lento Law Firm attorney cannot speak for you, but they can be on hand from the beginning to help you answer questions and present your case.
- The university needs evidence to substantiate any charges. As a result, you can expect a full investigation. As part of that investigation, you have the right to give your side of the story, submit evidence, and suggest witnesses for investigators to interview.
- Because they are so complex, hazing investigations often take weeks or even months to complete. Once their work is finished, though, investigators submit a written report of their findings back to the university. The university then sets a time and date for a hearing.
- Hearings take place before two university administrators trained as hearing officers. Both sides in the case get to present evidence and call witnesses to testify. Both also get to raise questions for any witnesses testifying against them.
- Ultimately, the hearing officers employ a legal standard known as “preponderance of the evidence” to decide the case. According to this standard, you are responsible (guilty) if it seems “more likely than not” that you committed the offense.
- The University at Buffalo – SUNY also provides students the right to appeal a responsible verdict. However, you must have reasonable grounds to do so. Grounds at the school are strictly limited to
- A disproportionate sanction
- An error in procedures
- The discovery of new evidence not available during the original hearing.
While your Lento Law Firm cannot “represent” you the way an attorney does in an actual court case, they can play a key role in developing and executing your defense. They'll work with you to uncover evidence and map out your strategy. They'll coach you in talking to investigators. They'll suggest questions for witnesses and recommend how to go about introducing evidence. They'll draft documents on your behalf.
Most importantly, they'll monitor every aspect of the case to ensure you're treated fairly and that you get a 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 the University at Buffalo – SUNY 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.
