Hazing allegations at the University of Alabama can be extremely complicated. Cases aren't just about you and whatever mistake you might or might not have made. They're about organizations and your role in it. Typically, there are multiple complainants (accusers), multiple respondents (accused), and potentially dozens of witnesses. Hazing itself is an offense, but you'll likely also be charged for whatever the hazing activity was—you might be charged with underage drinking, for instance, disorderly conduct or even sexual misconduct. Most of the time, allegations wind up made public. Very public. Your-picture-on-the-nightly-news public.
You should never try to take on one of these cases by yourself. You're going to need all the help you can get.
No one protects students better than the attorneys at the Lento Law Firm. Our Student Defense Team was put together to ensure students are treated fairly. We've handled every conceivable type of student misconduct allegation, including hazing. We know what to expect from a university investigation and hearing. We're always on your side, no matter what your particular situation might be.
It's important you contact us quickly, though. You can be sure UA is already building its case against you. You should be building 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 Alabama
Many of our clients show up at our offices confused about what they did wrong. The thing is anti-hazing policies are complicated, written in hard to understand language. The definition of "hazing" is usually so broad as to cover almost anything connected to organization initiations. It's easy to get confused.
With that in mind, let's start by reviewing the University of Alabama's anti-hazing policy and the elements that tend to confuse students the most.
- First, hazing isn't limited to the physical harm that might result from your organization's activities. UA's definition of hazing also includes any "emotional or psychological pressure" you place on other students. Simple verbal harassment can earn you a charge, for instance, and in recent years, college organizations have been charged simply for preventing pledges from having enough time to study.
- Hazing isn't about the results of your actions. It's about the actions themselves. You don't have to have injured anyone to be charged with an offense. "Hazing includes any act that threatens or inflicts" harm. Even if nothing goes wrong during your initiation activities, you're still guilty of an offense simply for creating the possibility that harm might occur.
- Hazing is usually associated with fraternities and sororities, and UA policy does mention these. However, it also mentions “any formal […] association, corporation, order, society, corps, student organization, cooperative, club, service group, social group, band, spirit group, athletic, or similar group.”
- Hazing isn't just about initiation activities. It can also be part of continued affiliation with the organization or even induction of leadership.
- You cannot avoid a hazing charge by having participants sign waivers. Participants are hoping to gain something from participation--membership in the organization. Therefore, participation is always defined as "coerced."
The University of Alabama doesn't operate in a vacuum. In fact, the state of Alabama maintains an anti-hazing law, and penalties include the loss of scholarship money. However, UA is not limited by state law. In fact, school policy is more strict than state law. Even if state prosecutors decide you are innocent of hazing, that will not prevent UA from conducting its own investigation and potentially finding you responsible (guilty).
UA sanctions for hazing usually include at least suspension. Dismissal is also common. You cannot afford to risk those outcomes. The Lento Law Firm attorneys are experienced, and they'll help prepare you for everything you have to face.
Defending Yourself From Hazing Allegations
UA allegations—even hazing allegations—are just allegations. They are serious, but the university can't simply dismiss you without evidence. You're "innocent until proven guilty ("not responsible until proven responsible"), and the university cannot proceed without some evidence to substantiate its allegations. Further, you're entitled to respond to any evidence UA uncovers and to offer affirmative evidence in defense of your innocence.
Here's how the UA judicial process typically works.
- Anyone may lodge a complaint against you with the Office of Student Conduct (OSC), including initiates, organization members, other organizations, other students, organization advisors, faculty, staff, administration, and security personnel.
- If you are under investigation, the OSC will issue notice of the charges. This notice should explain the accusations and provide you with a complete list of your due process rights, the rights designed to protect you throughout the investigation and hearing.
- One of your most important due process rights is the right to an advisor of your choice. This means the Lento Law Firm attorney can accompany you to all investigative interviews and help you respond to any questions.
- You always have the right to give investigators your side of the story. In addition, throughout the investigation, you have a right to review any evidence investigators uncover.
- Because they are so complex, hazing investigations can be lengthy, sometimes lasting weeks or even months. Once they are completed, the OSC then sets a time and date for a hearing before a Conduct Body.
- The hearing is your best chance to make the full case for your innocence or to otherwise explain your actions. You may offer any evidence in your defense, including witness testimony. The other side will make their case as well, but you also have the right to raise questions about any evidence they present.
- UA uses a legal standard known as “preponderance of the evidence” to decide all misconduct cases. According to this standard, you are responsible (guilty) if the Conduct Board believes it is “more likely than not” that you committed the offense.
- Should you lose your case, you have yet one more right: the right to appeal. There are limits on appeals, though. You must have grounds, such as a procedural error, new evidence to present, or an argument about the severity of your sanction.
The Lento Law Firm isn't just someone who accompanies you in the proceedings. They'll help you with all aspects of your case, from collecting evidence and coming up with questions for witnesses to outlining your hearing presentation and giving you practice in making your arguments. We're not just here to offer advice. We cannot speak to UA for you, but you can count on us for absolutely everything else.
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 Alabama 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.