Hazing isn't your average disciplinary misconduct offense. Hazing incidents have a nasty habit of showing up on the nightly news, and universities avoid negative publicity like the plague. This means schools like the University of Texas–Dallas almost always overreact when anyone lobs a hazing allegation at an organization or an individual student. It's not unusual for perfectly innocent students to wind up accused. Investigations can be overly-zealous. Sanctions can be overly severe.
You never want to take on a disciplinary misconduct charge on your own, but that's doubly true if you're facing a hazing charge.
The good news is that you don't have to. The Lento Law Firm is on your side, no matter what your individual situation might be. Our Student Defense Team exists to protect student rights. We know UT – Dallas policy, and we know how the university's judicial procedures work. You can always count on us to use every resource at our disposal to get you the best possible outcome.
It's important you contact us quickly, though. You can be sure UT-Dallas 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 Texas - Dallas
Hazing is broadly defined under the UT - Dallas anti-hazing policy. That's problematic in that it turns virtually any initiation process into a potential policy violation. The first step to avoiding a charge then is to gain a complete grasp of just what this definition entails. For example,
- Hazing incidents that lead to physical injury and death are the ones that get noticed, but under UT–Dallas policy, hazing isn't just about physical harm. You can also be charged for causing harm to another student's “mental health.”
- In fact, you don't even have to actually cause harm to another student. It is enough to “endanger” another student's physical or mental health. In other words, even if nothing goes wrong at your initiation activity, you could still face charges for hazing.
- Hazing is often thought of as a Greek activity. UT – Dallas's definition doesn't mention fraternities or sororities, though. Instead, it uses the more general term "organizations." Any campus organization and any member can commit a hazing offense.
- Hazing is hazing, whether it occurs on campus or off campus. Relocating your activities to some site away from UT – -Dallas will not shield you from a charge.
- You can be charged with a hazing offense even if you aren't directly involved in an incident. Failing to report knowledge of hazing, for instance, is also an offense.
- The “willingness” of participants is irrelevant to the matter of your guilt or innocence. If membership in the organization is at stake, all participants are, by definition, “coerced” into participation.
UT – Dallas's anti-hazing policy is actually mandated under Texas law. In fact, the policy repeats Texas law word for word. Note, however, that UT–Dallas has the right to conduct its own investigations, decide for itself whether students are guilty of hazing, and assign sanctions as it sees fit. It doesn't matter if a prosecutor decides not to prefer charges against you in Texas court. You can still wind up facing a serious sanction like suspension or dismissal from UT–Dallas.
Defending Yourself From Hazing Allegations
The good news is that UT–Dallas is required to provide you with due process. You don't have all the rights you would have in a Texas courtroom, but you are, for instance, entitled to a presumption of innocence (“not responsible”).
Here's what you can expect from UT – Dallas judicial processes.
- The Dean of Students has jurisdiction over matters of student conduct, including hazing. Anyone at the university can accuse you of hazing, but only the Dean can issue a formal charge against you.
- If the Dean does issue a charge, they must provide you with notice of those charges. This notice should describe the allegations and include a list of your due process rights.
- UT – Dallas doesn't allow student "representation" by attorneys. You must speak on your own behalf. However, you are entitled to an advisor of your choice. This means you can bring your Lento Law Firm attorney with you to all meetings and proceedings.
- The Dean appoints an official investigator. This investigator conducts interviews and collects physical evidence tied to the case. You always have the right to give your side of the story as part of the process.
- A hazing case can take weeks or even months. They are typically complex investigations involving dozens of students. Only once they are complete does the case move into its next phase – a hearing.
- Most hazing cases are serious enough to be heard before a hearing panel made up of members of the university's Discipline Committee. At the hearing, you offer evidence in defense of your innocence and raise questions about any evidence being used against you. As part of the hearing, you are entitled to call witnesses and to ask questions of any witness testifying against you.
- Once both sides have presented their cases, the hearing panel employs a legal standard known as “preponderance of the evidence” to determine whether or not you are “responsible for” (guilty of) the offense. According to this standard, you are guilty if it seems “more likely than not” you committed the offense.
- You can appeal a hearing outcome should you lose. However, you must have grounds for such an appeal, such as new evidence to present, a disproportionate sanction, or a procedural error.
Your Lento Law Firm attorney will take care of most aspects of your defense, from uncovering evidence to coaching you on how to respond to investigative questions. While they cannot speak for you, they can outline your entire hearing presentation and give you practice in presenting it. Most importantly, they'll pay careful attention to how the case unfolds and ensure you're treated fairly from start to finish.
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 Texas–Dallas 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.