Hazing is one of the most serious charges any University of Wisconsin–Madison student can face. That's true in terms of the potential outcome. Students found responsible for (guilty of) hazing are routinely subject to suspension and even dismissal. It's also true in terms of complexity. These cases frequently involve multiple complainants (accusers), multiple respondents (accused students), and multiple witnesses. Establishing the basic facts can be difficult. And hazing charges are often accompanied by additional charges, such as underage drinking and Title IX sexual misconduct.
For both of these reasons, you don't want to undertake a hazing defense on your own. You need the very best help you can find.
No one knows more about defending university students than the Lento Law Firm. Our Student Defense Team was founded to protect student rights. We've helped hundreds of students respond to all types of misconduct charges, including hazing. We know the law, and we know how UW–Madison's judicial system operates. You can count on us to use every resource at our disposal to get you the best possible resolution to your case.
If you've been charged with hazing at UW-Madison, don't wait. You can be sure the university is already preparing its case. You need to be preparing your defense. Call 888-535-3686 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 Wisconsin – Madison
One of the first difficulties in sorting out a hazing charge is determining just what you've been accused of doing. The fact is that UW–Madison's definition of hazing is broad, and that means you can never be certain when you may find yourself facing an investigation. For example,
- Hazing doesn't just include actions that lead to physical harm. You can be charged for any activity that “humiliates, degrades, abuses, or endangers” another person. Keep in mind that your definition of “humiliates” might not match the university's. In its list of hazing examples, for instance, UW Madison includes taking an initiate's cell phone, requiring activities that cause “excessive fatigue,” and preventing a student from attending classes.
- Note the word “endanger” above. It means that you don't have to cause actual harm to commit an act of hazing. If your actions create the conditions in which harm might occur, that's enough.
- University policy makes no mention of Greek life. Hazing can be associated with any campus “group.” Likewise, it isn't limited to initiation activities. It is also used as a method of assuring continued membership in organizations, for instance, and for initiating members into leadership roles.
- The last phrase of UW–Madison's hazing definition notes that you can be charged "regardless of a person's willingness to participate." This means that even if no initiates complain about an activity and even if initiates are willing to testify, they weren't harmed—that may not prevent the university from issuing a charge.
Defending Yourself from Hazing Allegations
The University of Wisconsin–Madison gives every student charged with misconduct—including hazing—the right to due process. As a starting point, you are “innocent until proven guilty” (“Not Responsible” until proven “Responsible”). Hazing allegations get a lot of attention, and they can be incredibly stressful. That doesn't change the fundamental fact that you are not responsible for an offense until UW–Madison can prove it with a “preponderance of evidence.”
- Any member of campus can accuse you of hazing, from organization initiates, members, and advisors to faculty, staff, administrators, and campus security. However, the university must decide whether the accusations are credible and actionable before they proceed.
- Among your due process rights, you are entitled to notification of any charges filed against you. This notice should explain the allegations and contain a list of all your other rights.
- You also have the right to be an advisor and to choose an attorney to serve in this role. Your Lento Law Firm attorney cannot speak for you, but they can be at your side throughout the process to offer advice and help you answer questions.
- The university must have evidence to substantiate its charges. That means it must conduct an investigation. As part of this process, you have the right to give your side of the story, to submit evidence, and to suggest witnesses. Further, you have the right to review any evidence investigators uncover.
- In keeping with their complexity, hazing investigations sometimes take weeks or even months to complete. Once they are complete, however, investigators turn over their findings to the university. The university then sets a time and date for a hearing.
- Hearings take place before a single administrator or a hearing committee. In either event, both sides offer evidence, including witness testimony. Both sides also have the right to raise questions about any evidence used against them and to cross-examine witnesses.
- All cases at UW–Madison are decided using the “preponderance of evidence” standard rather than “beyond a reasonable doubt.” This means decision-makers must find you responsible (guilty) if they think it is “more likely than not” that you committed an offense.
- You can appeal a responsible finding to the Chancellor. You must have grounds, however, such as new evidence to present, an allegation that the university didn't follow its own procedures, or an accusation that the sanction applied is disproportionate to your offense.
Again, your Lento Law Firm attorney cannot "represent" you the way they might at a criminal trial. However, they can make an enormous difference to the strength of your defense, from helping you uncover evidence and map out your strategy to coaching you in how to answer investigators' questions and working with you to develop your hearing presentation. It's their job to make sure you're treated fairly, and that justice is done in your case.
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 Wisconsin-Madison 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.
