You're facing a hazing charge at the University of Virginia. You want answers. Let's get right to them.
Yes, you can successfully defend yourself from this charge. While hazing is a particularly serious charge, the university must provide you with due process the same as it does with every student charged with any misconduct offense, from trespassing to weapons possession.
However...hazing cases are more complicated than the average misconduct defense. This isn't the sort of allegation you want to handle on your own. Just establishing the basic facts can be difficult. Add in the fact that there are usually multiple accusers, multiple defendants, lots of witnesses, and possibly several additional charges, and you're going to need all the help you can get.
The Lento Law Firm is the premier firm in the country when it comes to protecting student rights. Our Student Defense Team was founded to help students get the justice they deserve. We know how UVA's administrative and judicial procedures work, and we can show you how to use processes to your advantage.
We'll get into some of the basics of a hazing defense. Before we do that, though, we want to make sure you know how to contact us. Call 888-535-3686 today to find out how the Lento Law Firm can help with your case, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at the University of Virginia
What is the easiest way to avoid being found responsible for (guilty of) a hazing offense? Avoid a hazing charge in the first place. That's sometimes easier said than done. Hazing is a hot-button issue, and colleges and universities are often too quick to level accusations and overly zealous when it comes to conducting investigations. It helps, though, if you know exactly what counts as hazing at UVA. As an added bonus, this information can also help you begin mounting your defense. You cannot effectively argue your innocence if you don't understand in clear terms what you're accused of having done.
- Hazing tends to make headlines when it involves physical harm. It's important you recognize, though, that UVA's definition of hazing isn't limited to physical harm. You can also be charged for behavior that "humiliates, degrades, or risks emotional […] harm.” Simple verbal harassment can be enough to substantiate a charge.
- As the above quote suggests, hazing also isn't limited to actual harm. If your conduct "risks" harm, it qualifies under UVA's definition. In other words, even if nothing goes wrong during your initiation event, you may still find yourself in trouble simply for creating conditions that might have led to harm.
- Hazing isn't just something that happens in fraternities and sororities. In fact, UVA's definition doesn't mention Greek organizations at all. Any group on campus can be accused of hazing, from music clubs to honor societies.
- Hazing isn't just about initiation into an organization. It can also be used as a means of ensuring continued membership in a group.
- Finally, UVA's definition also makes the point that the "willingness" of participants is not a defense against hazing. Once membership in the organization is dependent on participation, participation can no longer be said to be "willing." Importantly, this means you can be charged with hazing even if initiates don't actually complain.
For all its strict attitude toward hazing, the University of Virginia doesn't threaten any particular sanctions. Like most schools, the university prefers to base punishments on the specifics of incidents. That said, the very public nature of hazing offenses means schools tend to issue harsh penalties like suspension and dismissal. No college or university wants to appear soft on student misconduct.
Keep in mind as well that hazing isn't just a matter of UVA policy. It's also prohibited under Virginia state law. That provides additional impetus for the university to take allegations seriously, to be zealous in investigations, and to impose severe penalties.
Defending Yourself from Hazing Allegations
The good news is that you are always entitled to due process any time you are charged with misconduct. That applies to hazing just as it does to any other misconduct allegations. You're entitled, for instance, to a presumption of innocence ("Not Responsible"). The university must have evidence to find you responsible for an offense, and you have the right to dispute that evidence at a formal hearing.
- Hazing offenses begin with a complaint. Anyone can lodge that complaint. It could be an initiate, but again, even if they are "willing" participants, you're not necessarily off the hook. Allegations can also come from organization members and advisors, other organizations, faculty, staff, administrators, and campus security.
- Typically, you know you've been charged because you receive notice of the charges. That notice is an important document because it provides a description of the allegations. Particularly if you're innocent, you'll need that information to mount your defense. It should also contain a complete list of your due process rights.
- Among your several rights, you're allowed to choose an advisor, someone to help you prepare your defense and to accompany you to meetings and other proceedings. That advisor can be an attorney, which means a Lento Law Firm attorney can be at your side from the moment you are charged.
- UVA cannot find you responsible for an offense without evidence. Thus, you can expect a full investigation. You have the right to give your side of the story to investigators, to submit evidence, and to suggest witnesses. You further have the right to review all evidence uncovered during the investigation.
- Once the investigation is complete, the university sets a time and date for a hearing before the University Judicial Committee (UJC).
- At the hearing, you may introduce evidence and call witnesses to testify. You may also raise questions about any evidence being used against you and cross-examine witnesses.
- The UJC employs the "preponderance of the evidence" legal standard in deciding all cases. In simple terms, you are responsible if they are more than fifty percent convinced you committed the offense.
- Your last right is the right to appeal the hearing outcome should you lose your case. This is not a chance to re-argue your innocence, though. You must have grounds for an appeal, such as procedural error, new evidence, or a disproportionate sanction.
While your Lento Law Firm attorney cannot "represent" you the way they would in a court of law, they can play an essential role in your case. They'll work with you, for instance, to uncover evidence and map out your best lines of argument. They'll prepare you for investigative interviews. They'll help you outline your defense presentation, and they'll be on hand at every point to offer advice. Most importantly, they'll keep a close eye on the process to ensure you're treated 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 that the University of Virginia 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.
