You never want to take on a student misconduct defense alone. Even if you're simply accused of plagiarizing a paper, dealing with a campus judicial system can be mind-bogglingly complex. This general rule of thumb goes double, or even triple, for hazing allegations.
For one thing, hazing cases typically involve lots of people. You may be facing several complainants (accusers). You may have to distinguish yourself from several respondents (accused, defendants). And, often, there are dozens of witnesses to deal with. Hazing cases are typically complicated by other sorts of charges, such as Title IX sexual misconduct allegations or civil rights violations. And oh, by the way, hazing cases are usually very, very public.
You certainly aren't equipped to handle all of this alone. Even local attorneys aren't adequately prepared for a serious campus defense of this magnitude. You need someone on your side who works specifically in the area of student rights, someone with experience taking on faculty and administrators. You need someone from the Lento Law Firm.
The Lento Law Firm's Student Defense Team knows the University of Miami system and how to use that system to your advantage. We've represented hundreds of students just like you. We're always on your side, no matter the situation.
If you've been charged with hazing at the University of Miami, don't wait. 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 Miami
Let's start with the basics. How does the University of Miami define hazing? In the first place, the best way to avoid a hazing charge is to avoid participating in hazing. That's sometimes easier said than done. UM's policy is very restrictive, and almost anything connected to organization initiation counts.
Another thing is that if you've been charged, untangling those charges is often the hardest part of a defense.
So, what do you need to know about the UM anti-hazing policy?
- Hazing isn't just about physical harm. The university's definition mentions "mental […] health" as well. Simple verbal harassment can lead to charges. Even interfering with a student's ability to focus on their studies can count as hazing. This is why it is so difficult to conduct initiation activities without violating policy.
- Hazing also isn't just about actual harm. UM's definition includes any action that "harms, damages or endangers” students. This suggests that even if nothing goes wrong during a hazing event, you can still be charged simply for holding the event in the first place.
- UM's policy makes no mention of fraternities or sororities. While Greek organizations are frequently associated with hazing, "any organization operating within the University of Miami" is subject to the anti-hazing policy, from intramural sports teams to music clubs.
- Relocating initiation activities off-campus will not shield you from a charge. The university's hazing definition applies to any “action or situation created on or off campus.”
Finally, it is worth remembering that participants' willingness to take part in activities is not a valid defense to hazing charges. Because participants have something to gain by participating—organization membership—they can't truly be said to be acting of their own free will.
You should also know that sanctions in hazing cases can be harsh. Schools never want to be seen as soft on student misconduct. The Florida state legislature and the general public pay a great deal of attention to hazing allegations, so schools like the University of Miami frequently impose penalties that are far beyond the nature of the offense. Suspension and even dismissal are always possibilities.
Given that your entire academic career could be at stake, you want to do everything possible to protect yourself. No one gives you a better chance of success when you're facing a misconduct charge than the attorneys at the Lento Law Firm.
Defending Yourself From Hazing Allegations
Let's talk a little about what a hazing defense actually looks like. The good news is that you are entitled to a presumption of innocence (“Not Responsible”) and a number of additional due process rights. The bad news is that, again, these cases can be complex, and it's not always easy to know how to use the system to your benefit.
- First, hazing allegations can come from almost anywhere—initiates, organization members, other organizations, organizational advisors, faculty, staff, administration, and security personnel.
- The Dean of Students has responsibility for all hazing offenses. They must issue you notice of the charges any time you are under investigation. This notice should describe the allegations and include a list of your due process rights.
- Next, the case moves to an investigation. Investigators typically begin by meeting separately with any respondents and complainants. In addition, they collect any physical evidence and interview witnesses.
- Because of their complexity, hazing investigations sometimes take weeks or even months to complete. Only once they are complete will the university set a time and date for a hearing into the incident.
- The hearing gives both sides the opportunity to make their cases. You may argue for your innocence by introducing evidence and calling witnesses to testify. Additionally, you may raise questions about evidence being used against you and cross-examine witnesses testifying against you.
- University of Miami cases, including hazing cases, are decided based on the legal standard "preponderance of the evidence." According to this standard, you are guilty if decision-makers are more than fifty percent convinced of your guilt.
- Should you lose your case, you have the right to appeal. However, you must have grounds for appeal. Grounds at UM include
- A procedural error
- A sanction more severe than the offense deserves
The University of Miami does not allow students to bring attorneys with them to investigative meetings or hearings. Do not let this dissuade you from consulting with a Lento Law Firm attorney.
Your attorney can do far more for you than simply sit beside you during interviews. It is their job to make sure you are fully prepared to defend yourself. That includes uncovering evidence, outlining your arguments, suggesting questions for witnesses, prepping you to answer questions, drafting documents, and coaching you on how to present your case. More important than anything else, they monitor everything that happens and make sure you're treated fairly. That's especially important any time a university seems to be restricting your rights, such as denying you 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 Miami 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.
