Hazing is a serious offense. It's among the most serious offenses you can commit as a University of Pennsylvania college student. University policy is based on Pennsylvania state law. Investigations are vigorous, and penalties can be severe.
As with any other offense, though, not everyone who is accused is guilty. Misunderstandings happen. Sometimes, false allegations happen. And even if you did find yourself caught up in hazing activities, you likely don't deserve the penalty UPenn is proposing.
The LLF Law Firm's Student Defense Team was founded to protect student rights, and we take that job seriously. We know universities can be overly zealous in charging students and that they can sometimes go too far in assigning sanctions, and we're determined to make sure they don't mistreat you. We're familiar with UPenn policies and judicial procedures, and we can show you how to use them to your benefit so you get the justice you deserve.
We can't help you defend yourself, though, until you contact us. Call 888-535-3686 today, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at the University of Pennsylvania
Pennsylvania has passed some of the most meaningful anti-hazing legislation in the country. Named for a Penn State student who died as a result of a hazing incident, the Timothy J. Piazza Anti-hazing Law contains a broad definition of hazing, a list of examples, and a mandate that all state education institutions—public and private—put in place prevention and enforcement programs.
When a state legislature passes a law like this, it creates a clear obligation for universities like UPenn, and not just in terms of what the law itself has to say. Fines are one thing, but once a law like this one exists, schools can be held civilly liable any time a student is harmed. Civil litigation can cost universities millions in compensation and legal fees, and no school is willing to risk that.
It should come as no surprise, then, that UPenn's anti-hazing policy is every bit as strict as the law, if not more so. The heart of that policy is the definition of hazing since it makes clear just what can trigger hazing charges.
- The definition begins with the phrase “recklessly or intentionally endangers.” This makes clear that accidental harm can constitute hazing if those involved don't think through the consequences of their actions.
- The word "endanger" is important here as well since it suggests that you don't have to do actual harm to another person in order to be guilty of hazing. Simply putting a person in danger is enough.
- Next up, the policy defines “harm” as applying to both the “mental or physical safety of a student.” That is, endangering a person's emotional or psychological well-being is just as egregious as causing bodily harm. Later, UPenn's policy uses the phrase “mental stress” and includes examples like sleep deprivation, forced conduct that could lead to embarrassment and social exclusion.
- In terms of context, hazing is described as “for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, an organization.” In other words, hazing can apply to current members of an organization in addition to pledges.
- Note, too, that “organization” is undefined. Fraternities and sororities qualify, of course, but the policy covers other types of organizations as well, from honor societies to musical groups.
- Finally, UPenn's hazing definition includes a reminder that all hazing activities are “forced” activities. As a result, no organization or individual can argue that an initiate “consented” to hazing.
Again, UPenn's policy goes further than Pennsylvania state law, especially in terms of circumscribing initiation events. Pledging activities are prohibited between 8:00 am Sunday and 11:59 pm Thursday. They are further limited to a six-week period set by the Office of Fraternity and Sorority Life. Pledges may not travel as part of initiations, and certain activities such as "treasure" and "scavenger" hunts are explicitly banned.
Finally, UPenn's anti-hazing policy contains a list of potential penalties. This list is wide-ranging and starts with basic warnings. However, the more common sanctions in hazing cases include disciplinary probation, loss of privileges, term suspension, indefinite suspension, and expulsion.
Defending Yourself From Hazing Allegations
Now that you know what can lead to hazing charges, what do you do to defend yourself if you should find yourself accused?
The good news is that UPenn affords you due process. The university must conduct an investigation and hold a formal hearing into hazing allegations. This gives you a chance to defend yourself. The bad news is that these processes can be complex and difficult to navigate.
- Hazing complaints can come from almost anyone—initiates, organization members, other organizations, advisors, faculty, staff, administration, and security personnel.
- UPenn must provide you with notice of the charges. That notice should contain useful information for building your defense, including a complete description of the allegations. It's not always easy to know how to use this information effectively, though.
- The university then conducts an investigation. This is your first opportunity to give your side of the story. You may also offer evidence and suggest witnesses. You should expect tough questions, though, and interviews can be stressful.
- Once they've completed their work, investigators submit a written report of their findings to the Office of Student Conduct. You have the right to review this report, but again, it's not always easy to make sense of this material on your own.
- Hearings take place before a Disciplinary Hearing Panel made up of five members, both faculty and students. Both sides have the opportunity to present arguments. You back these arguments with physical evidence and witness testimony. Both sides also get to raise questions about counter-evidence and cross-examine witnesses.
- The legal standard for Responsibility (guilt) at UPenn is “preponderance of the evidence.” Most students aren't familiar with this standard. It requires decision-makers to find you Responsible if they believe it is “more likely than not” that you committed a hazing offense.
- Finally, you can appeal the hearing outcome should you lose your case, but grounds for appeal are strictly limited to issues of fairness, such as a procedural error, questions as to whether the outcome is supported by adequate evidence, and the discovery of new evidence.
Only in rare cases does UPenn allow students to bring attorneys with them to investigative meetings and hearings. The LLF Law Firm regards this as a violation of your due process rights.
However, you should know that your LLF Law Firm attorney doesn't need to accompany you to proceedings in order to provide you with crucial support. In fact, you can count on your attorney to outline your entire defense, from uncovering evidence to determining the strongest lines of arguments and coming up with questions for witnesses. They can help you prepare for investigative meetings, draft documents on your behalf, and coach you on how to present your case at the hearing.
Most importantly, your LLF Law Firm monitors all phases of the case to ensure you're treated fairly and that you get the best possible 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 LLF Law Firm's Student Defense Team can make sure you're fully prepared to defend yourself. They can insist the University of Pennsylvania 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 LLF 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.
