North Carolina colleges and universities take hazing seriously. Particularly when Greek life, a common setting for hazing, is such a big part of southern college culture, there is no shortage of hazing-related incidents on campuses. When it comes to young adults, particularly when alcohol and climbing the social ladder are concerned, judgments can be off, and misunderstandings can happen that result in hazing allegations. Learning that your North Carolina college or university is bringing disciplinary action against you for hazing can be terrifying. At a minimum, an allegation of hazing can embarrass and damage your reputation on campus. Still, it can derail your academic and future professional career opportunities at its worst.
Whether allegations against you are genuine or there has been a miscommunication or case of mistaken identity, you need the best representation possible to protect your rights and future. When you're facing disciplinary action for hazing at your college or university, you need the Lento Law Firm Student Defense Team. While your school should treat both you and the alleged victim fairly, that is not how these cases always play out. Your school's top priority may be its reputation, and it may not be giving you the benefit of the doubt or treating you fairly when it looks better to take a harsh stance on hazing. The only way you know your best interests are being protected is by retaining the Lento Law Firm. We will always put your rights and future above all else. Contact us today by calling 888-535-3686 or contact us online.
North Carolina Hazing Laws
While your college or university will have its own hazing policies and definitions of hazing, it is important to remember that even as a college student, you are not exempt from the law. Your college or university will also likely rely on the North Carolina hazing law when developing its own hazing policies, so it is good to be aware of them even if you are not facing criminal hazing charges. North Carolina law defines hazing as actions that “subject another student to physical injury as part of an initiation, or as a prerequisite to membership into any organization, fraternity or sorority, or other similar group.”
North Carolina College and University Hazing Policies
Each North Carolina college and university will have a hazing policy. North Carolina colleges and universities often have a more comprehensive definition of hazing than the state law does. For example, the law refers only to physical injury, whereas the definition in the University of North Carolina anti-hazing policy defines hazing as “any action taken or situation created, intentionally or unintentionally, whether on or off [u]niversity premises, to produce mental or physical discomfort, embarrassment, harassment, or ridicule is considered hazing, regardless of the willingness of the participant.” University of North Carolina at Chapel Hill also provides a more comprehensive definition beyond the physical injury requirement, the scope of their hazing definition includes any action “that causes or permits an individual, with or without consent, to engage in activities that subject that individual or others to risks of physical injury, mental distress, or personal indignities of a highly offensive nature.”
There are numerous actions that North Carolina colleges and universities may interpret as hazing. Common acts that fall under the definition of hazing include:
- Physical abuse such as paddling, beating, branding, forced workouts, or extreme physical activity
- Excessive exposure to the elements
- Forcing a victim to watch or participate in sex acts
- Consumption of alcohol, drugs, food, or other substances that put the victim's health at risk
- Theft of the victim's property
- Any activity subjecting an individual to extreme mental or physical stress, including sleep deprivation or solitary confinement
- Conduct that could result in extreme embarrassment, for example, nudity
- Utilizing the victim for acts of servitude, including driving them around, cleaning rooms, or doing other tasks for those in the club or organization
- Stranding the victim, leaving them to find their way back to safety
- Abduction
- Forcing, requiring, or encouraging the victim to participate in any criminal activity or violation of college or university policies
College and University Hazing Disciplinary Action Process
North Carolina colleges and universities, as discussed below, each have different policies and procedures for addressing hazing allegations. While each will have different processes, particularly for whether they formally or informally try to resolve the case, and what each formal process looks like, generally, your case will follow this trajectory:
Complaint
Hazing disciplinary action proceedings begin when a complaint is filed; schools may use different wording to mean a complaint; for example, North Carolina State calls complaints referrals. Colleges and universities will each have their own policies for reporting misconduct. Generally, they have online reporting forms or the option for you to directly contact a specific office on campus. Usually, the office will be called the Office of Student Rights and Responsibilities or something similar.
Anyone seeking to file a complaint will usually fill out a complaint form. These forms have different names depending on the school. For example, at the University of North Carolina at Greensboro, the form is the "Concerning Behavior Form," and at the University of North Carolina at Chapel Hill, it's called the "Honor System Conduct Referral Form.”
Some schools may even have a hazing hotline that students can call while hazing is occurring. For example, the University of North Carolina has its own hazing hotline, which students can call at any time. Schools that do not have a hazing hotline may request that students call the university police if a hazing incident is actively occurring.
When a complaint is received, the school will generally have a set period to decide whether to formally charge a student with hazing. For example, for North Carolina State, the period is 30 days. The school will notify you in writing, likely through your school email address. The notification will include:
- The charges against you
- A description of the alleged hazing event
- Evidence supporting the charges
- The potential consequences you can face if found guilty
- A description of the disciplinary process
- A request that you respond to the allegations
- Your right to attorney representation
As soon as you receive a notice of charges, call the Lento Law Firm. Your academic career is on the line, and you should not respond to the allegations without your Lento Law Firm attorney.
Investigation
Your school's Office of Student Conduct will proceed with an investigation. Part of this investigation is your response and providing evidence and your witnesses. Your Lento Law Firm attorney will handle providing a written response to the Office of Student Conduct and providing the school with all evidence in your defense. Generally, in your response, you will either deny or accept the charges against you. There can be serious consequences to each, and your Lento Law Firm attorney will discuss these with you. Under no circumstance should you be directly speaking with the investigative staff. If you are going to be interviewed, you will be coached by your Lento Law Firm attorney, and your attorney may be present during the interview.
Conferences, Informal Resolutions, and Hearings
North Carolina colleges and universities differ greatly in their disciplinary action policies following misconduct investigations. North Carolina State's procedures, for example, differ greatly from those of the University of North Carolina at Greensboro and Wake Forest University. The options you are offered will depend on the nature and severity of your case. For example, if you are accused of hazing when the other student didn't suffer any harm, less formal resolution options may be available. If your case resulted in a student facing serious injury, such as hospitalization or severe emotional distress, you may be immediately set for a formal hearing.
Some colleges and universities will set disciplinary conferences or mediation-type meetings. These conferences are meant to be non-adversarial, where you and the school's code of conduct office discuss appropriate punishment without the case being formally presented before a panel.
You may be offered the option to sign a mutual agreement to admit to the hazing conduct, accept responsibility, and agree to the proposed punishment. When you sign this agreement, you are waiving your right to a formal hearing process and the right to be later found innocent. You should never enter a mutual agreement without consulting your Lento Law Firm attorney. Your attorney can assist in negotiating a lower punishment and walk you through the pros and cons of accepting a mutual agreement in your specific case.
In serious cases, a hearing will be held. It is often up to the discretion of the college or university whether a hearing is appropriate, but when your hazing case involves harm to another student, a hearing is a likely outcome. In cases where suspension or expulsion are potential punishments, a hearing will definitely be required.
Hearings are not typically open to the public. The only people who should be at hearings are the complainant and you, the respondent. In most cases, you will get to bring one person as support and your attorney. Witnesses may also be called but may only stay during their time to give testimony.
Hearings are different from court because the school has full discretion over what evidence is permitted, whether witness testimony is made in good faith, and whether there is a rule against hearsay. However, there are some similarities with court cases, such as the requirement that parties provide witness lists in advance.
Because each school's disciplinary action differs so much, no two cases of hazing misconduct will look the same. Fortunately, the Student Defense Team is well-versed in all disciplinary action processes throughout North Carolina colleges and universities. Your attorney will be familiar with your school's process and walk you through the process step-by-step in greater detail.
Determination
In making their determination, schools typically use the preponderance of the evidence standard. This means the school will decide whether you are innocent or guilty based on whether the evidence supports that it is "more likely than not" that you hazed another student. If you are found guilty of hazing, the school can impose the following sanctions:
- Disciplinary expulsion
- Permanent suspension
- Disciplinary suspension
- Deferred disciplinary suspension
- Disciplinary probation
- Disciplinary warning
- Removal from university housing
- Administrative room change
- Restriction of school privileges
- Parental notification
- Community service
- Prevent issuance of a degree
- Issuing a no-contact order
- Restitution for damages incurred as a result of the incident
Appeals
Once a decision has been made in your case, you will be notified in writing; that notification will include information on how and when to appeal your case if you so choose. Appeals are appropriate only in a few situations:
- There has been a violation of procedural standards
- There has been a violation of substantive standards
- New evidence that was not available at the time of the determinations has come to light that could have impacted the outcome of the case
Areas We Serve in North Carolina
The Lento Law Firm has vigorously fought for countless college students throughout North Carolina. Whether you're out in the sticks or attending school in Raleigh, our Student Defense Team can help. Our college student clients have come from the biggest and smallest schools in the state, both public and private, including North Carolina State University, University of North Carolina Chapel at Chapel Hill, Duke University, Appalachian State University, and Davidson College.
Retain the Lento Law Firm Today
If your future is on the line because of a hazing allegation at your North Carolina college or university, you need the Lento Law Firm Student Defense Team on your case. You should never have your life ruined over a dumb mistake or misunderstanding. At the Lento Law Firm, we know how important it is to finish your college education to become the best version of yourself and move on to a successful career never hindered by your past. Let us help you by calling 888-535-3686 or contacting us online.
