Very few offenses can get you into as much trouble at USC as hazing and with good reason. Recent years have seen a rash of hazing incidents in which students were injured and even killed during such activities. Universities are tasked with protecting the students who attend them, and that means barring unsafe behaviors.
That doesn't mean, however, that students who are accused of hazing are always guilty. As with any misconduct offense, the university does make mistakes. Rules get misinterpreted, misunderstandings happen, and sometimes, other students make false allegations.
If you've been unfairly charged with hazing, or you participated but you're facing a sanction that's just too severe for the nature of your offense, the Lento Law Firm can help. Our Student Defense Team was founded to protect student rights, and no one in the country knows more about how campus judicial procedures work. We'll make sure you're treated fairly and that you get the best possible resolution to your case.
What can we do for you? Call 888-535-3686 to find out, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at the University of Southern California
USC's anti-hazing policy is based on California state law, so much so that it actually quotes from the law verbatim in its own definition of hazing. Under California statute, hazing is an initiation activity conducted by an organization that is "likely to cause serious bodily injury."
Note here that you need not have actually caused bodily injury to be charged with an offense. Participating in an activity that is “likely to cause” injury is sufficient.
In addition, the law makes clear that it does not matter where an offense takes place, on campus or off. The law applies equally to public and private educational institutions. It also applies to all types of organizations, whether or not they are officially recognized by the university.
Due to these strictures, the USC policy adds a number of conditions. Perhaps the most important of these is the designation of emotional and psychological damage as a qualifying component of hazing. In its list of specific hazing offenses, for example, the university lists
- Forced creation of content likely to cause “ridicule or embarrassment”
- Depriving students of sleep or the means to communicate with others
- “any act or peer pressure” likely to “compromise the dignity of any student” or to make the student an “object of malicious amusement or emotional strain.”
Under such a definition, allowing a pledge to drink too much at a function can be considered an offense. So can making an offensive joke or simply making an unkind comment about an initiate. USC policy further makes clear that any encouragement to violate laws or campus policy constitutes hazing as well. This means a scavenger hunt could get you into trouble depending on the nature of the items on the list. In short, virtually any sort of initiation process can raise red flags.
If the definition of hazing is strict, though, the punishments are stricter. USC doesn't tie specific offenses to specific penalties, but organizations have been banned from campus over hazing allegations, and punishments for individuals can include suspension and dismissal. The university can even revoke your degree long after you've graduated if it should discover you were involved in a serious hazing incident. In addition, keep in mind that you can be charged simply for having knowledge of hazing activities and failing to report it. Organizational leaders can be found responsible even if they don't know about the activities.
Defending Yourself From Hazing Allegations
Obviously, your first responsibility is to avoid hazing in the first place. That may not be enough to keep you from being accused, though. False or mistaken allegations can happen for a wide variety of reasons, and you need to know what to do if you should find yourself charged.
- Anyone at USC can accuse you of hazing, from other students to faculty, administration, staff, and security personnel.
- You will know you've been accused when you receive an official Notice of the Charges. This notice should outline the basics of the allegation and provide you with a complete list of your due process rights.
- You have several due process rights, such as the right to a presumption of innocence and the right to review all evidence in the case. Among these, you also have the right to an advisor who may be an attorney. This means the Lento Law Firm attorney can accompany you to investigative meetings and other official proceedings and help you answer questions.
- USC must conduct an investigation. It cannot determine whether or not you are Responsible for (guilty of) hazing without evidence. As part of this process, you have the right to give your side of the story, to submit evidence of your innocence, and to suggest witnesses.
- Investigators compile their findings into a written report. Once USC receives this report, administrators schedule a time and date for a hearing and appoint decision-makers to preside over this hearing.
- The next stage in the process is the hearing. You are allowed to make your full case. You can introduce evidence, call witnesses to testify, and cross-examine the other side's witnesses.
- At the conclusion of the hearing, decision-makers determine whether or not you are Responsible for a hazing offense. To do this, they use a legal standard known as “preponderance of the evidence.” By law, they must find you guilty if they are more than fifty percent convinced you committed the offense.
- You can appeal hearing outcomes at USC, but you must have grounds to do so. These usually include issues of fairness, such as whether or not the university followed its own procedures appropriately. You can also file an appeal should you discover any new and significant evidence.
While USC allows you to retain legal counsel, the Lento Law Firm attorney cannot speak for you. This is typical of most university judicial procedures. What we can do is help you to develop your defensive strategy. We'll work with you to come up with arguments, assist you in uncovering evidence, suggest witness questions, prep you to answer questions yourself, draft documents, and even coach you in presenting your case. By far, our most important job, though, is to protect your rights. We'll monitor your case from start to finish and ensure you're treated fairly every step of the way.
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 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.
