Hazing cases can be extraordinarily complex. Typically, there are multiple complainants (accusers) and multiple respondents (accused students), and it's no easy task to separate out who allegedly did what and to whom. Often, there are additional charges, like underage drinking, drug usage, or Title IX sexual misconduct. With so many factors at play, just sorting out the facts can be an enormous undertaking. Couple all this with the fact that sanctions can be severe—usually suspension and dismissal—and this is not the sort of trouble you want to take on alone.
The Lento Law Firm's Student Defense Team was founded to protect students from misconduct charges, including hazing allegations. We know the law; we know how the University of Maryland – College Park operates, and we've represented hundreds of students just like you. We're committed to ensuring your rights and to getting you the best possible resolution to your case.
Put the best student defense law firm in the country to work for you. Call 888-535-3686, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at the University of Maryland – College Park
As it happens, UMD–College Park's anti-hazing policy is supported by Maryland state law. That gives the university extra incentive to investigate complaints since failure to do so can lead directly to expensive lawsuits.
As it also happens, though, UMD – College Park's own policy actually goes further than state law. For example, while the law defines hazing as actions that risk “serious bodily injury,” the university includes “emotional distress” in its definition, as well as “harm from unreasonable requirements which interfere with a student's ability to function as a student, including financial requirements outside of membership dues.” Under this expanded definition, simple verbal harassment, required dues, and even keeping an initiate from being able to study are all versions of hazing.
Here's what else you need to know about UMD – College Park's policy.
- Hazing isn't just about causing actual harm to another person. University policy uses the word “risk.” That is, if your actions create a risk of physical or emotional harm, they can be classified as hazing.
- You don't have to be a direct participant in an event to be charged with hazing. The university's definition also includes the word "enabling." Even planning an event could be enough to result in a charge. Elsewhere, the university makes clear that failure to act to prevent hazing or report hazing also constitutes an offense.
- Often, we associate hazing with fraternities and sororities. UMD – College Park doesn't make this distinction, referring instead to “group or organization.” Even an honor society can be charged with hazing.
- Hazing isn't always about initiation. It can also be used to gain “continued association” with a group.
- UMD – College Park's policy makes clear that incidents that occur off campus still qualify as university hazing offenses.
- The "willingness" of participants is not a valid defense to hazing. Once membership is dependent on participation, that fact in itself undermines any claims of "consent."
Most colleges and universities avoid tying specific misconduct offenses to specific penalties, and generally speaking, UMD–College Park is no exception. However, the university does take the unusual step of noting that “Aggravated violations of this policy […] normally result in suspension or expulsion.”
What the policy doesn't tell you is that suspension and expulsion both include a transcript notation describing the nature of your offense. A notation like that will usually keep you from transferring to another school and can even be a problem at job interviews. When that much is at stake, you can't afford to take the situation lightly. You need the very best help you can get. You need a Lento Law Firm attorney.
Defending Yourself from Hazing Allegations
UMD – College Park's anti-hazing policy is strict, and sanctions are harsh. There is some good news, though. The university can't simply accuse you and dismiss you. You are always entitled to due process—a presumption of innocence and a chance to dispute any evidence used against you.
- Virtually anyone on campus can accuse you of hazing. That includes initiates, other organization members, organization advisors, other organizations, faculty, staff, administrators, and security personnel.
- If you've been officially charged with an offense, though, the university must supply you with notice of those charges. This notice should include an explanation of the allegations and a complete list of your due process rights.
- One of your most important rights is your right to an attorney. This isn't like a court of law. Your attorney cannot “represent” you. However, your Lento Law Firm attorney can be on hand at every step of the way to help you respond to questions and present your defense.
- No one wants to go through an investigation. Ultimately, though, an investigation protects you. If the university can't uncover any solid evidence, then it must drop the charges. In addition, you have the right to give your side of the story, to offer your own evidence, and to suggest witnesses.
- Hazing investigations can take weeks or even months to complete. Once they are complete, though, the Office of Student Conduct sets a time and date for a full hearing.
- In most cases, you face a Student Conduct Board. The hearing affords you the opportunity to argue for your innocence and support your arguments with evidence and witness testimony. You may also raise questions about any evidence being used against you and cross-examine witnesses.
- Student Conduct Board members are looking for a “preponderance of evidence.” In simple terms, they must find you responsible (guilty) if they are more than fifty percent convinced of your guilt.
- Even if you should be found responsible, you can always appeal the hearing outcome. However, you must have grounds to do so, such as a procedural error, a new piece of evidence, or a disproportionate sanction.
If you have a Lento Law Firm attorney on your side, they'll make sure you're prepared for whatever you have to face. They'll work with you to uncover evidence and map out your defense strategy. They'll prepare you to answer investigative questions. They'll coach you on how to present your case, and they'll always be at your side to offer advice.
Most important of all, you can count on your attorney 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 of Maryland – College Park 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.
