Vanderbilt is a school with a long and storied history. For much of that history, hazing was an important part of university life. These days, it can get you suspended or even dismissed outright. There've simply been too many incidents over the years where students were injured or even killed participating in these activities. Vanderbilt now takes this offense extremely seriously. Fair enough. The university wants to protect its students.
Here's the thing—when universities take offenses seriously, they sometimes have a tendency to go overboard. They wind up accusing innocent students. They don't always conduct investigations and hearings fairly. They impose sanctions that are far beyond the nature of the offense.
Students who find themselves caught up in hazing cases always need someone on their side to watch out for their interests, someone to help guide them through the process and ensure their rights are protected. No one does that better than the attorneys who make up the Lento Law Firm's Student Defense Team. We know what the law has to say about hazing and about students' educational rights. We know how Vanderbilt operates, including how to navigate the university's judicial processes. We're ready to use what we know to make sure you get the very best possible resolution to your case.
If you've been charged with hazing, you can't afford to wait and see what happens. These cases are complex, and Vanderbilt may already be investigating you. Call 888-535-3686 to find out what we can do, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at Vanderbilt University
Vanderbilt's anti-hazing policy is based on Tennessee's anti-hazing legislation. The first sentence of the university's policy reads, “State policy requires each college and university in Tennessee to adopt a policy prohibiting hazing.” The law does not set criminal penalties for participation in hazing activities, but it does demand that all schools—public and private—develop their own policies and set their own sanctions for students who violate policy.
If you're going to avoid a hazing charge or you need to respond to a hazing charge that's already been made, you need to understand school policy, beginning with the definition of hazing. State law defines hazing as an intentional or reckless act that endangers a student's physical or mental health or that coerces a student to endanger their own physical or mental health.
- To this definition, Vanderbilt adds that the act may also produce "physical discomfort, embarrassment, harassment, or ridicule.” In this context, waking a student up in the middle of the night could qualify as hazing. An offensive joke told at a party could qualify. An offhand comment about what someone is wearing might qualify.
- Note that Vanderbilt policy doesn't just apply to actual harm. You can be charged for “endangering” a person's safety or simply for creating an atmosphere conducive to harassment.
- Vanderbilt isn't just focused on hazing at fraternities and sororities. Any campus organization can commit this offense, from music groups to honor societies.
- The policy goes on to note that hazing isn't just about initiation activities. It can occur in relationship to retaining members, for example, or for inducting new officers.
- The university also takes the trouble to note that hazing can occur both on and off campus.
- Finally, you should know that the consent of the initiate is not an acceptable defense to hazing. Because membership is at stake, no participants can be said to “consent” to hazing activities.
Sanctions for low-level hazing offenses can vary widely, from simple warnings to probation and loss of privileges. Vanderbilt policy is clear, though, that serious offenses are always published with “suspension or expulsion,” even if this is the first time you've been charged.
With so much on the line, you cannot afford to try and handle a hazing accusation yourself. You need the very best help you can get. You need a Lento Law Firm attorney.
Defending Yourself From Hazing Allegations
Despite the strictness of Vanderbilt's hazing policy, the university cannot punish you without clear evidence of your guilt. You are entitled to a presumption of "Not Responsible" and to defend yourself at a hearing. You have a number of additional due process rights as well.
- Hazing cases begin with complaints, and virtually anyone on campus can make such a complaint. However, Student Accountability must decide whether the allegations are credible and actionable before making a formal charge.
- Student Accountability must provide you with notice of the charge any time you are under investigation. This notice should describe the allegations against you and explain your several due process rights.
- Vanderbilt cannot find you Responsible for an offense without concrete evidence. You can expect the university to conduct an investigation, but it must give you the chance to give your side of the story, provide evidence, and suggest witnesses for investigators to interview.
- Hazing investigations are often complex, involving multiple respondents and multiple witnesses. As a result, they can take several weeks or even months to complete. In the end, investigators submit a written report of their findings back to Student Accountability. You have the right to review this document, though, and any other evidence in the case.
- You'll then have the opportunity to respond to this evidence at a formal hearing. You may call witnesses to testify, and you may cross-examine any witnesses against you. Of course, the university will do the same.
- At the end of the hearing, decision-makers determine whether or not you are Responsible for the offense. They use a legal standard known as “preponderance of the evidence.” Basically, they must find you guilty if they are more than fifty percent convinced of your guilt.
- You can appeal the hearing outcome should you lose, but you must have sufficient grounds for doing so. This usually means some unfair element about the process, such as a procedural error or the discovery of new evidence that wasn't previously available.
One right Vanderbilt doesn't afford you is the right to bring an attorney with you to investigative meetings and hearings. As the university itself points out, though, you always have the right to consult an attorney. The attorneys at the Lento Law Firm can help you build your entire defense—from searching for evidence to suggesting questions for witnesses to drafting documents to coaching you in presenting your arguments. We can even prepare you for any investigative questions you might have to answer. Most importantly, we'll keep a close eye on the proceedings and make sure Vanderbilt respects all of your rights. We're on your side, and we'll use every resource at our disposal to get you a fair and just resolution.
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 Vanderbilt 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.
