Hazing allegations carry profound disciplinary implications for students. With the authority to levy emergency protective measures, carry out intrusive investigations, and block students from continuing their education, campus authorities are often too much for students to handle. Unfortunately, discipline can quickly lead to a separation from studies, putting students on the wrong track for post-graduate goals.
Because even an unsubstantiated hazing allegation can jeopardize a student’s education and future, University of Massachusetts (UMass) Boston students must retain professional help. The LLF National Law Firm Student Defense Team stands prepared to protect students’ right to fair disciplinary procedures. We will exhaust all avenues of remedy and redress to ensure students can remain aligned with their academic goals. Call us at 888-535-3686 now or visit our confidential consultation form.
How Does UMass Boston Define Hazing?
The UMass Boston Student Code of Conduct explains that acts that “willfully or recklessly endanger the physical or mental health or safety of any student or other person” constitute hazing. Yet, the acts or conduct in question must involve a “method of initiation, admission into, or as a condition of membership” of any group or student organization.
Examples of such behavior include but are not limited to:
- Sexual or gender humiliation
- Brutal treatment
- Forced physical activity
- Extended deprivation of sleep or rest
- Extended isolation
- Forced violation of the law or university policy
- Acts that adversely affect the physical health of anyone
- Conduct subjecting anyone to extreme mental stress
Students cannot consent to hazing activities. Therefore, consent is not a viable defense. The university does not tolerate retaliation against anyone reporting hazing allegations. Students who retaliate directly or indirectly against a victim, witness, reporter, or charged party are subject to discipline, up to and including expulsion.
UMass Boston “strongly encourages” anyone who witnesses instances of alleged hazing to report them. Faculty and staff with information are required to report immediately. Yet state law asserts that anyone who “knows that another person is the victim of hazing” and is “at the scene” must report to law enforcement “as soon as reasonably practicable.”
UMass Boston Informal Resolutions
Typically, UMass Boston’s jurisdiction is limited to conduct that occurs on or about its campus or in connection with university-sponsored, supervised, or affiliated programs and activities. For instance, off-campus internships, study abroad programs, and virtual classrooms. However, the school reserves the right to apply its code of conduct to students whose misconduct has a direct and distinct adverse impact on the university community, regardless of where it occurs. Moreover, while groups, fraternities, and other student associations are often implicated in hazing activities, UMass Boston’s jurisdiction extends to unrecognized student organizations.
When the school receives hazing allegations, it schedules an Administrative Conference between the accused (respondent) and a Conduct Officer within five business days. They will discuss whether the situation may be resolved with an Administrative Conference Agreement (an informal resolution) or through a full investigation and Administrative Review.
Students who agree to resolve the matter informally waive their right to appeal. Those who refuse or fail to show up at the Administrative Conference are referred to an Administrative Review.
Investigations and Formal Reviews
Conduct Officers manage university investigations. During the formal grievance process, respondents, alleged victims, and accusers (complainants) each have the right to:
- Be notified of all alleged violations
- Review any written complaints submitted in support of the violations
- Be informed about the Student Conduct Process
- Submit a written account or present a personal statement regarding the incident
- Be accompanied by one advisor during any conduct meeting
- Receive a copy of the Conduct Officer’s investigative report
- Present a personal or community impact statement regarding potential sanctioning to the Administrative Review Officer
After the investigation, the Conduct Officer will meet with the respondent to review the findings. It includes factual findings based on a preponderance of evidence, a determination of responsibility, and relevant communications and meeting notes.
If there is a finding of “responsible,” the Conduct Officer will also review the recommended sanctions. The student will then have five business days to respond to the findings and be encouraged to submit a “community impact statement.” Within ten business days, the Administrative Review Committee (ARC) evaluates the report and the parties’ responses to its findings (minus recommended discipline) and issues a determination of responsibility.
In cases where sanctions may include suspension or expulsion, ARC holds a hearing. During the hearing, it may ask questions of both parties and witnesses. Additionally, the complainant and respondent may submit questions to ARC for it to ask of the other party.
ARC Sanctions and Appeals Process
Respondents are notified of the findings and discipline is imposed in an emailed letter within three business days. Individuals found responsible are assigned sanctions that take into account their academic transcript, disciplinary history, community impact statements, and recommended sanctions.
While ARC levies discipline on a case-by-case basis, UMass Boston asserts the following are used to address first-time hazing violations:
- Suspension with a 32-week disciplinary probation upon return
- Permanent expulsion from the university
Students may file an appeal within five business days. Requests are limited to a review of the investigation report and review findings. Only new evidence and significant procedural errors are grounds for appeal review. If upheld by the appellate body, the matter is referred to the ARC for reconsideration, or the appellate body will determine changes. Afterward, the matter is considered final and binding.
UMass Boston Students Need the LLF National Law Firm Student Defense Team
Being accused of hazing can significantly disrupt student life and threaten future endeavors. When UMass Boston students are building their defense, they need an experienced team of professionals to mitigate severe consequences. Fortunately, the LLF National Law Firm Student Defense Team stands prepared to serve as a trusted advisor.
Our team will ensure that UMass Boston students have their rights protected throughout the university grievance process and that they can exhaust all avenues of redress against allegations and appeals. We coach students on how to respond to ARC’s procedures and will boost your chances of getting back to your academic goals. Call the LLF National Law Firm Student Defense Team at 888-535-3686 now or visit our confidential online consultation form, and we will contact you.