College life comes with certain behaviors that are probably very familiar to anyone who has spent time in college or around colleges, and the problems that arise in those environments are very specific to the ways students relate to each other in learning institutions. The Washington Metropolitan Area, from the historic campuses of Georgetown University and Howard University in the District to the sprawling University of Maryland in College Park and George Mason University in Fairfax, faces the same kinds of issues college students have to deal with in other parts of the country, and hazing is a big one of those problems.
Whether you're a student at a large university, a smaller liberal arts college in the suburbs of Northern Virginia, or a prestigious medical school like George Washington University School of Medicine and Health Sciences, understanding your rights and options is crucial. Schools have been known to react strongly to even allegations of hazing, which doesn't leave any space for misunderstandings or 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 know when you are facing hazing allegations is what constitutes hazing. In general, the word refers to conduct related to initiation activities surrounding certain social groups—particularly activities that occur when students are joining said groups. The most common examples are fraternities, sororities, sports teams, or clubs.
Legal definitions vary from state to state, but all colleges and universities in the Washington Metropolitan Area have clear anti-hazing policies, as required by law, in their student codes. In fact, the schools in the area, from Northern Virginia Community College to Montgomery College, lean on the state's definition of hazing in their own code of conduct, which is why it's important to always start from the legal definition of the word. The basis of the conduct, in that regard, will always consider conduct that involves participants engaging in degrading, humiliating, or even dangerous tasks, activities, or behavior, in many instances under coercion.
The law also takes into account what it considers to be the core elements of hazing, as follows:
- Types of Hazing: Hazing can either be physical or psychological, with the law considering both types of hazing as serious and listing activities that can cause physical harm or discomfort as well as activities that can cause emotional distress and mental anguish as hazing indistinctly. Some examples of physical hazing can be forced consumption of alcohol, physical exertion, or exposure to extreme weather conditions. Examples of psychological hazing can include verbal abuse, intimidation, or being subjected to degrading or humiliating tasks.
- Lack of Consent: Hazing implies the individual is being forced to perform an action against their will. This applies even if the individual originally gave their consent. In cases of hazing, the law typically considers that the circumstances don't allow true consent to be given.
- Coerced Participation: Hazing usually involves actions relating to a form of initiation or a membership requirement for a club or organization that puts the person at risk of harm.
In Maryland, for example, hazing is regulated under Article § 3-607 of the Maryland Criminal Law Code. The code states that: “A person may not recklessly or intentionally do an act or create a situation that subjects a student to the risk of serious bodily injury for the purpose of an initiation into a student organization of a school, college, or university.”
It also specifies that whoever engages in these behaviors is “guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both,” furthermore explaining that the “implied or express consent of a student to hazing is not a defense under this section.”
Furthermore, it's important to note that under the Clery Act, colleges and universities in the U.S. are required to report all instances of hazing that occur on their campuses as soon as they are made aware of them. This is something to take into account because, in many states, hazing isn't just something that will be punished within the confines of the university, as the conduct is also classified as a criminal offense, with potential penalties ranging from fines to imprisonment.
To make matters worse, you are facing the possibility of a criminal charge, and at the same time, you have to face the fact that colleges and universities have their own codes of conduct and disciplinary procedures that typically have a much lower standard of evidence and a different process than the criminal justice system.
In practice, that means that a student facing allegations of hazing at a school like George Mason University might face suspension or expulsion even if criminal charges never end up being filed or are ultimately dropped. But if you or someone you know is facing a hazing investigation, you don't have to do it alone. The Lento Law Firm Student Defense Team can help. We'll be there with you every step of the process so you can focus on your studies while we focus on your case.
Hazing Defense in the Washington Metropolitan Area
Colleges and universities in the Washington Metropolitan Area, including institutions like Marymount University, have their own specialized processes when it comes to investigating and handing out disciplinary actions in cases of student misconduct, including hazing. These processes are typically very different from criminal or civil procedures and require specialized attention and knowledge.
For example, disciplinary procedures in colleges or universities have a much lower burden of proof, and the windows to present evidence in order to defend yourself are much smaller. Also, the process is very different than a criminal or civil process, which means the strategy required is drastically different.
Not understanding the process can leave students vulnerable to devastating penalties that can impact not just their academic future but their reputation, their lives, and their career prospects. But the Lento Law Firm Student Defense Team can help.
We know how to handle disciplinary cases, and we can make sure to walk you through the process, compile the evidence you need to prove all the facts in your case, and prepare the best strategy not just for any possible civil or criminal case but for your disciplinary case as well.
In general, a disciplinary process for hazing in the Washington Metropolitan area should go as follows:
- The process begins when a complaint is filed against you, either by the victim, another student, or a witness.
- The school will then proceed to notify you of the allegations against you before starting their investigation. The notification will explain the allegations and the process to follow.
- The investigation will start. This is the part of the process where the school attempts to gather any evidence against you, as they cannot punish you without it. In this instance, we can submit evidence and suggest witnesses to be interviewed by the school. Hazing investigations can sometimes take weeks or months to complete.
- If, after completing the investigation, the school believes it has enough evidence against you, it will proceed to a full hearing. Despite the fact that you were allowed to submit evidence and suggest witnesses during the investigation, this is really the avenue to present not just the evidence but your case in a compelling way and explain your actions. You can also use this moment to raise questions about the evidence compiled during the investigation, including any witness testimony.
- It's crucial to understand that the standards for disciplinary cases are way lower than criminal ones, with the rule being "preponderance of the evidence" instead of “beyond reasonable doubt.” "Preponderance of evidence” means whoever is making the decision must be more than fifty percent convinced that you committed an offense before finding you responsible, or basically must consider if it's more likely than not that hazing occurred.
- In the event you are found responsible, all schools have an appeals process that allows students to object to the findings.
Having the right team by your side is crucial from the moment you are notified of any allegations against you. The investigation phase involves gathering evidence, interviewing witnesses, reviewing documentation, and making sure you understand what's going on every step of the way and that you can effectively get your side of the story out there from the beginning, which is very important. That's where the Lento Law Firm Student Defense Team comes in. We can provide invaluable assistance by ensuring that you know what's going on at every point and advising you on how to navigate the complex procedures involved.
We can also assist in determining what evidence you need to collect and in identifying what evidence that is being used against you may have been improperly obtained. Above all that, the Lento Law Firm Student Defense Team can be a tireless ally in fighting for your right to confidentiality.
Often, schools will treat these types of processes without proper care, not understanding that if any information leaks, it could affect students' lives, reputations, and possible career prospects. We can fight to make sure the school makes significant efforts to maintain the confidentiality of all individuals involved. This commitment to confidentiality is important when it comes to not just preventing any potential retaliation but also 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 reputational damage or emotional distress just from the allegations. However, the Lento Law Firm can make sure that your interests are safeguarded, breaches of confidentiality are addressed, and interactions with the school are handled in a way 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, understanding the process is the first step. Very often, the possibility of a criminal or civil process means the disciplinary process will be overlooked, but it should not be so. The Lento Law Firm Student Defense Team can help you handle all possible repercussions, whether they be criminal, civil, or disciplinary.
School investigations operate under administrative rules and educational laws, which differ greatly from the criminal legal system, meaning they require a very different approach. That's where we come in. We understand the specific nuances, procedures, and standards of evidence.
The Lento Law Firm Student Defense Team can help you navigate the complexities of school investigations and disciplinary hearings. We can fight to ensure your rights are protected in a disciplinary procedure and make sure you get fair treatment throughout the process, which will get you the best chance at a favorable outcome.
Hazing allegations can have very serious consequences, which can range from suspension and expulsion to the disbandment of sororities, fraternities, or athletic clubs. The outcome, if negative, could affect your academic record, career opportunities, and reputation in a way 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 consider school disciplinary procedures as less important and focus only on the criminal or civil side of hazing.
The Lento Law Firm Student Defense Team is here to help. We offer guidance, representation, and advocacy at every point of the process, from the investigation and adjudication process, where we will ensure that your side of the story is heard and that the proper evidence to support your version of events is presented, to the hearing and if necessary, appeals. We can help you navigate the complexities of school regulations, prepare the strongest defense possible, and work to achieve the best outcome in these challenging situations.
Whether you are facing criminal charges, disciplinary action, or both, it's important to have someone by your side that understands the consequences not just for your life but for your college career and, therefore, your future as a professional. 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.
