“Hazing” has become a hot-button issue on college campuses all over Metro Atlanta. It's not uncommon to see hazing incidents that caused severe harm featured on the local television news or in the newspaper. The desire to prevent these incidents led Georgia's legislature to pass a strict anti-hazing law that applies to every college and university in the state.
Are you an Metro Atlanta student being investigated for hazing? Although hazing may have historically been viewed as a harmless rite of passage, this is no longer the case. Hazing is now illegal under Georgia law, but you can still face severe punishment including expulsion for hazing incidents where no charges are filed. Don't take chances with your future. Call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online today.
Georgia's anti-hazing law, also known as the Max Gruver Act, makes hazing a misdemeanor offense of a “high and aggravated nature.” That means it's no longer acceptable for any school or university in Georgia to take a “hands-off” approach to hazing. In addition to making hazing illegal, the Max Gruver Act requires every Georgia school or university to do the following:
- Create a formal anti-hazing policy
- Institute a means for students to report hazing incidents
- Investigate reports of hazing
- Formulate a system of “due process” whereby the school adjudicates alleged violations
- Make all records of hazing investigations (including the resolution) public
Another important thing to understand about the Max Gruver Act is that it applies to every student or student group in the Metro Atlanta, not just universities. Whereas most people may associate hazing with fraternity or sororities, they are far from the only environment where hazing takes place. This is why the law applies to any student activity, such as sports teams, bands, or even student government organizations.
On its face, Georgia's prohibition against hazing is a positive development because no student should suffer harm as a condition of joining an extra-curricular group or becoming part of a peer group. However, the law also requires every school to create an extra-judicial process for investigating and adjudicating hazing allegations. Yes, this process should be neutral and respect the rights of the accused, but that doesn't always happen.
Hazing investigations don't take place in a vacuum. That's especially when they revolve around an incident that resulted in a student suffering severe injury. Incidents like that can attract a great deal of publicity, which places tremendous pressure on school administrators to find and punish the guilty party (or parties). This highly pressurized environment can lead to your due process rights being trampled in a rush to judgment.
There can be significant variation in how different schools and universities in Metro Atlanta handle hazing investigations, but they all include the presumption of innocence. More importantly, they allow you to choose your legal representation. This underscores the importance of having the kind of high-quality, client-focused legal representation the Lento Law Firm Student Defense Team can provide.
We are not a “one size fits all” law firm. Our staff has successfully defended students in hazing cases all over the country. That's a critical distinction between us and many other law firms. Every school has a different process for handling hazing investigations, which means your rights will be better protected by a firm with applied experience fighting and winning cases like yours.
Remember, the potential penalties in a school investigation will become part of your academic record. That means it will follow you wherever you go and become an issue anywhere you pursue an opportunity that requires you to provide your academic transcripts. You work for a lifetime to build your academic record, and it reflects on your reputation. You deserve to be represented by a firm with decades of experience successfully defending people in your situation.
What is Hazing?
Georgia law defines hazing as subjecting a student to “an activity which endangers or is likely to endanger the physical health of a student or coerces the student through the use of social or physical pressure to consume any food, liquid, alcohol, drug, or other substance which subjects the student to a likely risk of vomiting, intoxication, or unconsciousness regardless of a student's willingness to participate in such activity.
One of the key components of this law is that the activity does not have to result in the alleged victim suffering any harm. The phrase “likely to endanger” means that any behavior that conceivably poses a danger to the alleged victim is prohibited. The prohibition also applies to cases where the alleged victim agrees to take part in the potentially harmful activity.
Some common examples of hazing include:
- Paddling or subjecting students to other forms of corporal punishment
- Forced imbibing of massive quantities of liquids (both alcoholic and non-alcoholic)
- Staging fights of any kind between members or prospective members of an organization
- Forced marches through the woods or other potentially dangerous areas while victims are blindfolded or lack adequate protective gear
- Exposing students to extreme conditions (e.g., frozen water, hot tubs, or saunas heated to unsafe temperatures)
- Making students eat any quantity of things unfit for human consumption (e.g., pet food, rotting food)
It's also important to remember Georgia's hazing prohibition doesn't just apply to initiation rituals. Although many hazing activities have traditionally involved an element of making prospective members show how badly they “want” to be part of a particular organization, Georgia's anti-hazing laws are not limited to incidents that occur in that situation.
Potential Consequences of Hazing
Georgia's anti-hazing law classifies it as a “misdemeanor of a high and aggravated nature.” That means you could face up to 12 months in jail and/or a fine of $5,000 if convicted in criminal court. However, you must understand this is not the only potential punishment you face in a hazing investigation because the alleged victim can also file a complaint with your college or university.
Once the complaint is filed, your college or university is bound by law to investigate the allegation. The results of the university investigation are not in any way tied to the conclusion reached by law enforcement. In other words, the fact that the police or prosecutor declined to pursue charges in your case does not mean you're out of potential jeopardy. It's just the opposite.
Your university or college administration can look at the same facts the prosecutor had and decide you are guilty of hazing. They are free to impose their own punishment sanctions, which could include one or more of the following:
- Formal reprimand
- Stripping you of your ability to participate in extra-curricular activities or organizations (e.g., fraternity, sorority, sports team, student government)
- Placing you on probation
- Suspension
- Expulsion
The presence of these sanctions on your academic record will likely complicate or hinder your efforts to further your education and pursue your career goals. Admission to any graduate program is highly competitive, and whatever school you apply to will certainly request full copies of your transcripts. The existence of disciplinary sanctions for hazing could put you at a competitive disadvantage against otherwise equally qualified students with no such history.
Colleges and Universities Must Make Discipline Public
There is another component of Georgia's anti-hazing law to consider. Colleges and universities are required to publicly post the results of any adjudication of hazing on their website for a minimum of five years after the case has been decided. This public information must include:
- The name of the group or organization you belonged to
- The date the violation(s) occurred
- A full description of the violation(s) and the disciplinary measures imposed
All Atlanta Metropolitan Area Must Comply
Georgia's anti-hazing law applies to every college or university in Metro Atlanta. A partial list of these universities include:
- Georgia Institute of Technology
- Emory University
- Clark Atlanta University
- Spelman College
- Morehouse College
- Georgia State University
- University of Georgia-Terry College of Business
Why Using Criminal Defense Lawyers for Student Defense Isn't a Good Idea
Considering that you can be disciplined for hazing by both the criminal justice and university discipline systems, you might be inclined to think it's prudent to be represented by a criminal defense lawyer on both cases. This would be a potential mistake for several reasons. First, criminal defense lawyers are accustomed to operating inside the criminal justice system, which is uniform in any Atlanta metropolitan area courthouse.
However, every Metro Atlanta college and university area has individual procedures for handling hazing investigations. These procedures may be similar in some ways to the criminal justice process, but they can differ significantly in key areas. The biggest variance between the two investigative processes is the standard for guilt and innocence. In the criminal justice system, you must be proven guilty beyond a reasonable doubt.
By contrast, most college and university investigations have a lower standard of guilt. Many only require a preponderance of the evidence uncovered during the investigation to find you guilty of hazing. The Lento Law Firm Student Defense Team has decades of experience defending students against this lower legal standard, and that's critical when your future hangs in the balance.
There is also a difference between dealing with university administrators and county prosecutors. Many hazing investigations can be settled through direct negotiations with school administrators. However, reaching an ideal settlement in your case requires experience and understanding of what motivates university administrators. Their primary concern is the university's reputation and protecting the student body.
That may give us an opportunity to settle your case. The reality is that rushing to judgment or handing down overly harsh discipline in a hazing investigation can be as injurious to the university's reputation as the allegations that led to the investigation. These are the types of nuances criminal defense attorneys may miss, but the Lento Law Firm Student Defense Team understands.
Don't Delay in Seeking Student Defense
It's not uncommon for students to be caught completely off-guard by a hazing investigation. Remember, the alleged victim doesn't have to suffer harm to file a complaint. That means you could walk away from the incident without thinking something has gone wrong until the university gives you notice that you're under investigation. They may even ask you to make a written response to the allegations.
We strongly recommend you contact our Student Defense Team before you make any formal statements or responses to the charges against you. Resist the temptation to try and handle this yourself because the potential consequences of an adverse outcome are too severe. Sadly, we've seen many cases where students basically convict themselves or unknowingly admit to additional infractions in their written response to university administrators.
We can help you avoid this mistake by working together on your response to the allegations. The sooner you put our team on the case, the more time we'll have to examine the evidence against you and build a strong defense. Our team has the resources necessary to identify and refute weak evidence that may come from unreliable sources or biased witnesses. But we can't do that until you put us on the case.
It's also important to remember that there are other ways to fight hazing allegations, even if your college or university finds you guilty. We may be able to appeal your case to a higher authority at the university, and if that doesn't work, we can continue fighting for you in the public courts. The main thing for you to understand is that we will be with you from start to finish in this process.
Experience Matters in Hazing Cases
Facing hazing allegations is one of the most serious threats you can face while attending college or university in Metro Atlanta. With that said, you must remember that you have the right to defend yourself. In situations like this, the quality and experience of your legal representation can make all the difference in the world.
One bad night or a misunderstanding does not have to ruin your college career. You wouldn't try to perform surgery on yourself if you had a serious medical situation, and you probably shouldn't try to fight a hazing case by yourself for the same reason. Call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online immediately after discovering that you're under investigation for hazing.
