Very few student misconduct charges are quite as public as hazing charges. For one thing, there are usually too many people involved to keep incidents quiet. For another, hazing has become one of the university activities that both the Indiana legislature and Indiana communities pay the most attention to.
Given just how public the allegations are, you have to expect Notre Dame to conduct zealous investigations. The university will do everything it can to find you Responsible (guilty) of an offense, and it will impose the harshest sanctions it can get away with, up to and including suspension and dismissal. No school wants to be seen as soft on student misbehavior, and this often drives them to treat students unfairly.
You should never try to handle a university misconduct charge alone, but hazing charges come with more complexities than most. You need the best help you can possibly get to defend yourself. You need someone from the Lento Law Firm. Our Student Defense Team was founded specifically to protect student rights. We know the law, and we know how the University of Notre Dame's judicial processes and procedures operate.
Don't wait to contact us, though. UND is building its case. You should be, too. 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 Notre Dame
It is worth remembering that you aren't just a student at Notre Dame; you are also a citizen of Indiana. Indiana state law actually bars hazing activities, and you can be charged with a felony in some situations. UND's policy goes further than state law, however. Hazing is broadly defined under this policy, so almost any type of initiation activity is a violation.
For instance, state law bars actions that create “a substantial risk of bodily injury to another person.” UND, however, actually goes so far as to prohibit any action that is “unwelcoming.” What does that mean in practical terms? Consider some of the examples the university offers.
- Any activity that might “embarrass or adversely affect the dignity” of another student;
- Any act that might “induce pain or illness”;
- “Compelling participation in physical activities”;
- “Compelling consumption of any food, liquid, or substance.”
Some additional aspects of UND's anti-hazing policy you should know:
- You don't have to actually cause harm to be accused of hazing. State law notes that creating the "risk" of harm is enough. UND policy speaks generally of "jeopardizing" the health and well-being of other students.
- You also don't have to be directly involved in hazing to be charged. The university includes “planning” and “sponsoring” hazing activities as offenses.
- Likewise, you can be charged simply for failing to report hazing, even if you took no part.
- It doesn't matter whether activities take place on or off campus. You can be charged in either case.
- You cannot use the “willingness” of participants as a defense. Once membership in an organization is on the line, initiates cannot be said to “consent” to any activity.
Finally, the University of Notre Dame makes no bones about what kind of penalties students can face when charged with hazing. While the university doesn't come right out and say students will be dismissed, it does note that students found responsible "may be dismissed from the University.”
You cannot afford to take the threat of dismissal lightly. Dismissal always comes with a transcript notation, and that will likely keep you from transferring to another school. You could very well be heading out onto the job market with no degree at all.
The Lento Law Firm is on your side in every instance, though, and we'll do everything in our power to protect you and to ensure you get the very best possible resolution to your case.
Defending Yourself From Hazing Allegations
Let's talk a little about just what a hazing defense looks like. Any time you're accused of a university offense, you have the right to due process. As a starting point, you are innocent until proven guilty (“not responsible” until proven “responsible”). In addition, you are entitled to a number of further due process rights designed to ensure you're given a fair investigation and a fair hearing.
- Hazing allegations can originate with virtually anyone on campus. However, the Office of Community Standards (OCS) must believe the allegations are credible before issuing a formal charge.
- The OCS must provide you with official notice of the charges before proceeding. This notice should explain the allegations and include a list of all your due process rights, such as the right to review any evidence in the case.
- The next step is an investigation. The university cannot find you responsible without a “preponderance” of evidence. During the investigation, you have the right to give your side of the story, to submit evidence, and to suggest witnesses.
- Hazing investigations sometimes take weeks or even months to complete. Remember, though, that you are entitled to review any evidence the university uncovers.
- Following the investigation, the university initiates a hearing before a panel of at least two OCS staff members. These decision-makers should be trained, and they should be unbiased. You have the right to challenge any panel member's credentials.
- At the hearing, you may offer any argument in support of your innocence. You support arguments with evidence, including witness testimony. Both sides also have the right to cross-examine any witnesses against them.
- “Preponderance of evidence” means decision-makers must be more than fifty percent convinced that you committed an offense before finding you responsible.
- If you should lose your hearing, you can appeal. However, grounds for appeal at UND are strictly limited. Only a procedural error or new evidence are valid reasons for seeking an appeal.
Unfortunately, the University of Notre Dame does not allow attorneys to participate or even observe investigative and hearing procedures. The Lento Law Firm regards this as a serious infringement on your due process rights.
However, your Lento Law Firm attorney can still play a crucial role in your defense. In fact, given the university's threat to your due process rights, you absolutely need us on your side to ensure you're treated fairly.
You can expect your attorney to help you prepare to answer investigative questions. We'll also work with you to uncover evidence and identify your strongest arguments. We'll suggest questions for witnesses, draft necessary documents, and even prep you to present your case at the hearing. We can do all of this without ever stepping one foot on campus.
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 Notre Dame 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.
