The first thing you need to know if you've been charged with hazing at the University of South Carolina-Columbia is that this isn't the sort of situation you can handle on your own. Hazing is a very serious offense, and students found responsible (guilty) face serious punishments. Just as importantly, it can be a complicated offense, often involving dozens of students. That can make sorting out the facts especially difficult.
The good news is there's help available. The Lento Law Firm's Student Defense Team was founded to protect student rights. We've defended hundreds of students from all types of disciplinary misconduct charges, including hazing. We know USC-Columbia's rules and regulations, and we know how the university's judicial processes and procedures work. You can count on us to use every resource at our disposal to get you the best possible resolution to your case.
It's important you contact us quickly, though. You can be sure USC-Columbia 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 South Carolina-Columbia
The problem of defending yourself from a charge of hazing at USC-Columbia is made more difficult by the fact that the university's definition of hazing is so broad. The anti-hazing policy is written to prohibit virtually any kind of initiation activity, and that means you can wind up accused of hazing without even realizing you did anything wrong. For example,
- As you would expect, USC-Columbia prohibits any initiation activity that inflicts physical harm on a person. In addition, though, the policy bars activity that could cause a person “mental distress” as well. Mental distress is further defined to include “anxiety,” “embarrassment,” and “panic.” In fact, the university goes so far as to ban “interference with a student's academic progress or academic performance.” Under those conditions, even keeping a pledge up too late at night could constitute an offense.
- You don't actually have to cause harm to wind up accused of hazing. If you know or should know that your actions might cause harm, that's enough to garner a charge. Even if your hazing activity goes off without a hitch, just holding it might be enough to trigger an investigation.
- USC-Columbia's policy never mentions fraternities or sororities. While hazing is often associated with Greek life, the policy applies to all campus organizations, from honor societies to religious groups.
- The university's policy is clear: you can be charged whether your activities take place on campus or off campus.
- You cannot avoid a hazing charge by obtaining initiates' “consent.” Membership in the organization is at stake. Therefore, all participation is by definition “coerced.”
As it happens, the state of South Carolina maintains its own anti-hazing statutes. Hazing is a misdemeanor offense and punishable with fines and jail time. However, USC-Columbia's policy is actually stricter than state law. It is possible to face charges from both the state and the university at the same time. Further, what happens in criminal court has no effect on what happens at the university. Even if the state should clear you of all hazing charges, that doesn't mean you won't face serious sanctions from the university.
The minimum sanction in hazing cases is usually suspension. Dismissal is more likely. When such serious punishments are at stake, you need the best help you can possibly get. You need someone from the Lento Law Firm.
Defending Yourself From Hazing Allegations
There is some good news. It's fairly easy to wind up charged with a hazing offense. Once you've been charged, though, you have a number of important due process rights designed to protect you and ensure justice is done. USC-Columbia must treat you as "innocent," for instance, until you are proven guilty ("not responsible until proven responsible"). The university needs concrete evidence to prove your guilt, and as part of the process, you have the right to challenge any evidence it uncovers.
- Cases usually begin when someone lodges a complaint against you with the Office of Student Conduct and Academic Integrity.
- If it decides to formally charge you with an offense, this office must provide you with notice of the charges. Notice should include a description of the allegations and a complete list of your due process rights.
- One of your most important rights is the right to an advisor of your choice. This means that the Lento Law Firm attorney can accompany you to investigative meetings to offer advice and help you answer questions.
- Investigators must give you the opportunity to give your side of the story. In addition, you have the right to submit evidence and suggest witnesses.
- Again, hazing cases can be complex, and as a result, they often take weeks or even months to conclude. In the end, investigators submit their findings back to the Office of Student Conduct, which sets a time and date for a hearing.
- Minor allegations at USC-Columbia are usually handled through an administrative conference. Most hazing cases, though, appear before a Judicial Council Hearing. In either case, you should have an opportunity to argue for your innocence. You may introduce evidence and call witnesses to testify. You may also raise questions about any evidence being used against you, including witness testimony.
- Judicial Council members employ a legal standard known as “preponderance of the evidence” when deciding a case. According to this standard, you are responsible (guilty) if it seems “more likely than not” that you committed an offense.
- The best outcome, of course, is an not responsible verdict. If you should be found responsible, though, you can appeal if you can show that you were mistreated in some way by the judicial process. Grounds for appeal include issues like new evidence, a procedural error, and disproportionate sanctions.
To be clear, the Lento Law Firm cannot “represent” you. USC-Columbia requires students to speak for themselves during judicial proceedings. Your attorney can be with you, though, to help you make your case.
More importantly, your attorney will make sure that you're ready to present your own case. They'll help you uncover evidence and map out your defense. They'll draft your hearing presentation and suggest questions for witnesses. And from start to finish, they'll make sure the university respects your rights and treats you fairly.
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 USC-Columbia 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.
