College life often comes with intricacies that are only understood to those who are living them, and often problems that are very specific to the ways students relate to each other in learning institutions. The Greater New York City Area, which encompasses the campuses of Columbia University and NYU in Manhattan to Rutgers University in New Brunswick, without forgetting the prestigious medical schools like Albert Einstein College of Medicine in the Bronx, isn't exempt from some of the same issues that college students face everywhere else in the country—or to the ways schools react when faced with those issues. Hazing is one of those big issues.
Whether you're a student at a large university like Fordham or a smaller college in the suburbs of Westchester County or Long Island, if you find yourself facing allegations of hazing, understanding your rights and options is crucial. Schools often react harshly to even the suggestion of hazing, which can leave very little space for misunderstandings or for mistakes. Call the Lento Law Firm today at 888-535-3686 or fill out our online form to schedule a consultation with our team and get the right legal representation.
Understanding Hazing Allegations
The first thing you have to understand when facing hazing allegations is what, exactly, constitutes hazing. The word generally refers to an initiation activity expected of someone joining or participating in certain social groups. In college, those types of social groups can be fraternities, sororities, sports teams or clubs, but the practice also applies in workplace environments and even in the military.
Legal definitions of the term can vary from state to state, but it is important to note that all colleges and universities in the Greater New York City area maintain clear anti-hazing policies, as required by law. In fact, the schools in the area, from Cornell University to Juilliard, lean on the state's definition of hazing in their own code of conduct, which is why it's important to note what exactly the law says. In that regard, the activities that constitute hazing typically involve participants engaging in degrading, humiliating, or even dangerous tasks, activities, and/or behavior, often under coercion. Some of the core elements about hazing are:
- Physical Or Psychological Hazing: This refers to either activities that can cause physical harm or discomfort, or that can cause emotional distress and mental anguish. Hazing isn't restricted to one or the other, it can refer to both or either. Examples of physical hazing are forced consumption of alcohol or food, physical exertion beyond one's capacity, or exposure to extreme weather conditions. Meanwhile, examples of psychological hazing include verbal abuse, intimidation, threats, or being subjected to degrading or humiliating tasks.
- Forced Activities: Hazing implies the individual is being forced to perform an action against their will, even if they originally gave their consent. In most cases, the law considers that in cases of hazing true consent isn't possible, so it assumes participants are not acting of their own free will.
- Coerced Participation: The actions involved in hazing usually have to do with a form of initiation or a membership requirement for a club or organization, with either of those putting the person at risk of harm.
In New York, for example, hazing is regulated under Article 120 of NY Penal Law Part 3, Title H, 120.16, and 120.7 and is divided in two categories:
- Hazing in the first degree: a person is considered guilty of hazing in the first degree when “in the course of another person's initiation into or affiliation with any organization, he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury.” Hazing in the first degree is a class A misdemeanor.
- Hazing in the second-degree: a person is guilty of hazing in the second degree when, “in the course of another person's initiation or affiliation with any organization, he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person.” Hazing in the second degree is a violation.
Under the Clery Act, colleges and universities in the U.S. are required to report instances of hazing that occur on their campuses, and in many states hazing is classified as a criminal offense, with potential penalties ranging from fines to imprisonment. But the possibility of a criminal charge isn't the only thing to fear. Colleges and universities have their own codes of conduct and disciplinary procedures, which often operate under a much lower standard of evidence and due process than the criminal justice system.
That means that a student facing accusations of hazing at a school like SUNY Stony Brook or Princeton University might face suspension or expulsion even if criminal charges are never filed or are ultimately dropped. However, if you or someone you know is facing allegations of hazing, the Lento Law Firm Student Defense Team can help.
Hazing Defense in the Greater New York City Area
Colleges and universities in the Greater New York City area, including institutions like the United States Military Academy at West Point, have their own processes for investigating and punishing accusations of student misconduct, including hazing. These processes are typically very different from the criminal or civil procedures. For one, the burden of proof is significantly lower, the windows to present evidence to defend yourself is smaller and the process looks substantially different, which means a different strategy is required.
Not understanding the process can leave students vulnerable to penalties that can have a devastating impact not just on a student's academic future, but also on their career prospects. That's where the Lento Law Firm Student Defense Team can help. We know how to handle disciplinary cases, and we can make sure to come up with a strategy that works not just for any possible civil or criminal case, but one that guarantees the best outcome possible for your disciplinary case as well.
In general, a disciplinary process for hazing in the Greater New York area should go as follows:
- A complaint will be filed against you, either by the victim, another student, or an adult.
- The school will notify you of the allegations against you before starting their investigation. This notice will go over the allegations against you and explain the process to follow.
- The investigation will start. As the school cannot punish you without evidence, it will proceed to try to get to the bottom of what happened, and gather evidence against you if it exists. This part of the process should allow you to get your side of the story out there, submit evidence, and even suggest witnesses the school should interview. Hazing investigations can sometimes take weeks or months to complete.
- If the school believes it has enough evidence, it proceeds to a full hearing. This is where you can present evidence in your defense and explain your actions. You also have a right to raise questions about any evidence being used against you, including witness testimony.
- The standards for a disciplinary case are way lower than for a criminal one, with the rule being "preponderance of the evidence," instead of “beyond reasonable doubt.” "Preponderance of evidence” means decisionmakers must be more than fifty percent convinced that you committed an offense before finding you responsible, or in layman terms, if it's more likely than not that hazing occurred, a student can be found responsible.
- If you are found responsible, all schools have an appeals process that allows students to object to the findings if you believe you were denied a fair chance to defend yourself.
From the moment you are notified of allegations against you, the most important thing you can do is secure the right legal representation. The investigation phase involves gathering evidence, interviewing witnesses, and reviewing documentation, and making sure you can get your side of the story reflected is crucial. The Lento Law Firm Student Defense Team can provide invaluable assistance by helping you questioning, ensuring that your rights are not violated, and advising you on how navigate the complex procedures involved.
We can also assist in determining the exculpatory evidence and collecting it, as well as challenging any evidence that is improperly obtained or used against you.
The Lento Law Firm Student Defense Team can also fight for your right to confidentiality during a process such as this one, making sure the school makes significant efforts to maintain the confidentiality of all individuals involved. This commitment to confidentiality is crucial for preventing any potential retaliation, protecting the privacy of all those involved, and ensuring that the investigation is conducted in a fair, unbiased, and respectful manner.
Even with strict confidentiality safeguards put in place, students might still face damage to their reputations or emotional distress just from the allegations. However, the Lento Law Firm can ensure your interests are safeguarded, any breach of confidentiality is addressed, and all interactions with the school are handled in a manner that minimizes potential harm. Hazing allegations can be scary, but you don't have to face them alone. The Lento Law Firm Student Defense Team is here for you.
How the Lento Law Firm Can Help
If you are facing allegations of hazing, it's important to understand the charges against you and the process to come—both the criminal one, if it exists, and the disciplinary one. Often the importance of the disciplinary aspect is underscored when looking at hazing accusation, because the accusation can also involve a criminal or civil aspect.
The Lento Law Firm Student Defense Team can help you handle not just the criminal or civil repercussions, but also the disciplinary ones. School investigations operate under administrative rules and educational laws, which are quite different from the criminal legal system, requiring a distinct approach. That means it's crucial that you have a team supporting you that understands the specific nuances, procedures, and lower standards of evidence that educational institutions typically employ.
The Lento Law Firm Student Defense Team can help you navigate the complexities of school investigations and disciplinary hearings. We will fight to ensure your rights are protected and that you receive fair treatment throughout the process, giving you the best chance for a favorable outcome.
Hazing allegations can result in severe consequences, including suspension or expulsion of individuals, disbandment of sororities, fraternities or athletic clubs, or loss of housing privileges. And since the burden of proof is lower than it would be in a criminal court, decisions can be made without the rigorous standards of evidence found in a court of law. This can result in life-altering outcomes for those accused of being involved, even if there isn't that much evidence that they were involved in the conduct in the first place.
The Lento Law Firm Student Defense Team offers guidance, representation, and advocacy throughout the investigation and adjudication process, ensuring that your side of the story is heard and that the proper evidence to support your version of events is presented. We can help you navigate the complexities of school regulations, prepare a strong defense, and work to achieve the best possible outcome in these challenging situations.
The outcome of hazing cases can have long-term consequences on your academic record, career opportunities, and reputation that could follow you even after college. But you don't have to face these allegations alone, and you don't have to rely on representation that would treat school disciplinary procedures as secondary while they only focus on the criminal or civil side of hazing.
Whether you are facing criminal charges, disciplinary action at school or both at the same time, it's important to have someone why your side that understands the consequences not just for your life and liberty, but for your college career and therefore your future as a professional as well. Call the Lento Law Firm today at 888-535-3686 or fill out our online form to schedule a consultation with our team and get the right legal representation that will put you first.
