Let's start with the basics. If the University of Massachusetts–Amherst has charged you with hazing, you can successfully defend yourself. In fact, the university gives you a number of important due process rights with which to do that. You're going to need help, though. This isn't the sort of misconduct offense you can handle on your own. For starters, suspension—maybe even dismissal—is likely on the line. In addition, these cases can be extraordinarily complex and difficult to navigate.
You need an attorney in your corner and not just any attorney. You need someone with experience representing student clients and someone familiar with the University of Massachusetts–Amherst's judicial system. The Lento Law Firm's Student Defense Team was founded to protect student rights, and we've helped hundreds of students defend themselves from all types of charges, including hazing. We fight hard for our clients, using every resource at our disposal. No one gives you a better chance of success. No one.
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 University of Massachusetts - Amherst
The first problem you'll face if you've been charged with hazing is simply interpreting the university's policy. The University of Massachusetts–Amherst's definition of hazing isn't necessarily intuitive. That's one reason so many students find themselves accused of offenses they didn't realize they committed. It also makes building a defense particularly tricky.
Here's what you need to know.
- Everyone understands that hazing applies to any activity that could cause physical harm to another student or someone else in the campus community. Students aren't always aware that "hazing" also applies to activities that could cause "mental" and "emotional" harm. Forced calisthenics, pressure to consume alcohol, sleep deprivation, and even simple verbal harassment can result in charges.
- Even if nothing goes wrong at an initiation event, you could still find yourself facing hazing allegations. That's because hazing isn't just about the actual harm you cause others. It's about “endangering” others. Nor do you have to willfully cause harm. If you're “reckless,” that counts.
- Hazing can happen in relation to “any group.” You don't need to be in a fraternity or sorority to be charged. Honor society members are just as vulnerable to allegations.
- Hazing also isn't just about initiation into an organization. It is sometimes used as a means of gaining continued membership or for inducting new officers.
- The “consent” of participants is not a defense to hazing, and you cannot protect yourself simply by having pledges sign waivers. If membership depends on participation in hazing activities, that participation is, by definition, “non-consensual.”
UMass – Amherst's policy is underpinned by Massachusetts state law. That gives the university an added incentive to act in response to hazing accusations. The existence of state law makes the school civilly liable for incidents, and no school is willing to risk its economic bottom line.
Nevertheless, the university's policy is separate from state law, and the university will pursue cases even when the state doesn't. Massachusetts could decide not to investigate or prosecute, or it could prosecute and decide in a court of law that you are innocent of the charges. That doesn't matter to UMass – Amherst. You can still be investigated, adjudicated, and punished under school policy.
Defending Yourself from Hazing Allegations
The University of Massachusetts isn't bound by state or federal laws when it comes to investigating students for violations of its policies. However, those very policies do provide you with some important protections, like the right to a presumption of innocence ("Not Responsible"). The process itself can help you avoid a responsible (guilty) finding if you know how to use it properly.
- Anyone at UMass–Amherst can accuse you of hazing. However, the university cannot proceed unless it believes those accusations are both credible and actionable.
- Any time you are charged with an offense, the university must provide you with notice of those charges. That notice must describe the allegations and list all of your due process rights.
- If you've been charged, the Student Conduct and Community Standards Office initiates an investigation. You can expect this to be thorough. The university must substantiate any charges with concrete evidence. However, you always have the right to give your side of the story, to submit evidence, and to suggest witnesses for investigators to interview.
- Hazing investigations can be complex and sometimes take weeks or even months to complete. When they're complete, SCCS sets a time and date for a hearing before a University Hearing Board.
- The hearing affords both sides the opportunity to make their cases, just like in a criminal court case. You may introduce evidence and call witnesses to testify in support of your innocence. You may also raise questions about the other side's evidence.
- Keep in mind, though, that a campus hearing isn't a criminal court case. One key example is that the Conduct Board is required to 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.
- You can appeal a responsible finding if you can prove you were denied a fair opportunity to defend yourself. Grounds for appeal typically include issues like the discovery of new evidence, a procedural error, and a disproportionate sanction.
One of your most important rights as a respondent (accused student) is the right to an advisor. In fact, this advisor can be an attorney. That means a Lento Law Firm attorney can help you map out your entire defense, from uncovering evidence to identifying your strongest arguments. They'll even coach you in presenting your case at the hearing. Along the way, they'll also be on hand during investigative meetings and at the hearing to offer advice and counsel.
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 of Massachusetts-Amherst 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.
