You've read the headlines about hazing. They stretch back more than two decades, and they make clear just how dangerous hazing can be. You shouldn't be surprised that the University of St. Louis prohibits the practice or that it sets serious penalties for those who participate.
Just because you've been charged with an offense, though, doesn't mean that you're guilty. Universities get things wrong all the time, and when it comes to headline-grabbing offenses, they can have especially itchy trigger fingers. For that matter, even if you are guilty of an offense, you probably don't deserve the sanction that the university is trying to impose on you. Again, if it's likely to show up in the news, schools want to make sure they've thrown the book at students, even if that's not what it's called for.
The good news is that you always have the right to defend yourself from charges. The better news is that the Lento Law Firm is here to help you do that. Our Student Defense Team is committed to protecting your due process rights and to getting you the best possible resolution to your case.
First, though, you have to contact us. Call 888-535-3686, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at Washington University in St. Louis
Missouri's anti-hazing law is among the strictest in the country. It mandates that all colleges and universities in the state—both public and private—must develop clear anti-hazing policies with clear penalties attached. In fact, WashU's policy quotes the entire Missouri statute.
Here are some of the more important elements of that policy.
- Hazing isn't just about placing others in physical danger. You can also be charged for endangering another person's “emotional or psychological well-being.”
- You don't have to actually cause someone harm to be charged. Any activity that is "potentially" harmful qualifies as hazing.
- While hazing is typically associated with Greek life, any university organization can be found guilty of hazing—athletic organizations, musical groups, and even honor societies.
- Hazing is also normally thought of as an initiation activity, but it can be involved in "retaining" membership in an organization as well.
- WashU makes no distinction between activities that happen on and off campus.
- Both school policy and state law make clear that even if an activity is “voluntary,” it can still constitute a hazing violation.
Finally, WashU notes that punishments for hazing offenses can apply both to organizations and individuals. Organizations have been barred from campus, for instance. Student sanctions can range from "educational interventions to suspension or expulsion.” Any violation on your record, though, can affect scholarships, internships, graduate school applications, and even job interviews. You must take every allegation seriously. That means mounting a strong defense and it means hiring the best help you can find.
No one knows more about defending students from misconduct charges like hazing than the attorneys at the Lento Law Firm.
Defending Yourself From Hazing Allegations
What is involved in a hazing defense? The good news is that WashU gives you the right to due process. As a starting point, you're entitled to a presumption of innocence (known on campus as “Not Responsible”). The university must conduct an investigation to uncover evidence. It must give you the opportunity to respond to this evidence at a hearing. And even if you should lose your hearing, you should have the opportunity to appeal that finding.
Here's what you can expect.
- Anyone at Washington University can accuse you of hazing—initiates, organization members, other organizations, organization advisors, faculty, administrators, staff, campus security.
- If the university charges you, you are entitled to notice of those charges. This notice should provide details about the allegations and include a list of all your due process rights.
- Among your several due process rights, you have the right to a support person and to choose an attorney to serve in this role. This means the Lento Law Firm can be on hand from the beginning of the investigation to help you answer questions and offer advice when you present your case at the hearing.
- Again, WashU must conduct an investigation. It cannot find you Responsible for hazing without clear evidence. Typically, investigators begin by meeting separately with the Complainant (your accuser or alleged victim) and the Respondent (the accused, you). In addition, they interview any relevant witnesses and collect any physical evidence. Hazing investigations can be long and complex because of how many people are usually involved.
- Once the investigation is complete, investigators submit a written report of their findings. Once the university receives this document, it sets a time and date for a hearing. In addition, WashU chooses an individual or a pane of decision-makers to preside over the case.
- At the hearing, you have the opportunity to offer arguments in defense of your innocence. You may introduce evidence, including witness testimony. In addition, you may respond to any evidence being used against you and cross-examine any hostile witnesses.
- The standard of guilt at WashU is “preponderance of the evidence.” This isn't as strict as the “beyond a reasonable doubt” standard. It requires decision-makers find you Responsible (guilty) if they are more than fifty percent convinced you committed the offense.
- The last of your due process rights is the right to appeal your case. However, you may only exercise this right if you can show some fundamental unfairness about the judicial process, such as a procedural error or an unfair sanction.
As you might expect, you don't want just any attorney when you're defending yourself from hazing charges. These cases can be complicated and difficult to navigate. In addition to a grasp of basic judicial procedures and the ability to argue the facts of the case, you may also need to make fine distinctions about campus policy, the structure of your organization, and the definition of terms like “harassment” and “consent.”
The truth is, even a local attorney won't do. You need someone who works specifically in the area of student rights; someone with experience representing student clients. You need an attorney from the Lento Law Firm.
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 Washington University 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.
