For many students, their decision to join a fraternity or sorority defines their college experience. Students forge friendships, build community, and create a shared purpose within their chapter. In many cases, the traditions of Greek life are hallowed by generations of sisters and brothers across the nation. Rituals of initiation and membership can reflect the best of each individual involved and form the foundation of a life-long sisterhood or brotherhood.
For sorority or fraternity members, your college experience inescapably entwines with others in your chapter. For parents and grandparents, it can be exhilarating to watch your student thrive, particularly if they are continuing your legacy of involvement in a fraternity or sorority.
It can, therefore, be profoundly upsetting to learn that a fraternity or sorority and its pledging activities are being investigated for hazing. Any university student disciplinary investigation should be taken extremely seriously, particularly when navigating hazing accusations.
A student should not become a victim of the university's rush to judgment, preoccupation with its reputation, or misconception about the nature of pledging activities. Partner with the Lento Law Firm to protect yourself or your student from the adverse consequences of a hazing allegation. Contact our Student Defense Team at 888-535-3686 or complete a confidential consultation form to discuss your case.
What is Pledging?
When an individual accepts an invitation to join a sorority or fraternity, they become a “pledge.” As a pledge, individuals participate in activities and events to learn about the group and its members before formally joining. Within some sororities and fraternities, the process of pledging is now called associate or new membership education.
Tradition may inform many aspects of the pledge experience, which, at its best, allows for strong bonds to form among members. At its worst, pledging activities cross a line into hazing when there is a threat to the physical safety and mental well-being of expectant members.
What is Hazing?
Secretive initiation rituals have existed for centuries. Intended to foster friendship, create community, and strengthen the bonds of loyalty between individuals and toward the group, these rites can range from silly and innocuous to harmful and life-threatening.
Recent tragedies involving fatalities or severe injuries have focused considerable attention on the dangers of hazing and led to an increase in anti-hazing policies at colleges and universities. Media attention often focuses on hazing within the Greek life system, including allegations and investigations at the University of Maryland and the University of California, Davis.
In light of tragic hazing-related deaths and injuries, we recognize the power imbalance between current, established members of sororities and fraternities and pledges eager to join. An individual who believes their new membership in a sorority or fraternity is seemingly vulnerable or in jeopardy may be willing to take extreme risks, including putting themselves or others in danger, to maintain their position.
While hazing definitions may vary between the codes of conduct of different universities and between state-specific and local anti-hazing laws, there are key elements in most definitions, including:
- Team, Group, or Organization Dynamics: Hazing usually occurs in a group setting with more senior members directing the activities of new or not-yet-initiated members. Hazing can serve as a threshold experience that must be completed or endured to join or maintain membership in the organization. The hazing rituals of fraternities, sororities, and athletic teams often received the most attention; however, any organization or club could be implicated in hazing.
- Intimidation and Coercion: Members or potential members are often forced to participate in hazing activities under threat of losing out on the membership and belonging promised by the group. Facing ostracism or the loss of their invitation to join, individuals often experience implied or explicit pressure from more established and senior members of the fraternity or sorority to participate in a dangerous activity.
- Risk of Harm: The activities cause or have the potential to cause physical, emotional, or psychological harm.
In contrast, a pledging activity should not put potential members at risk or require dangerous or illegal conduct. Furthermore, pledges should not be pressured by senior members to risk hurting themselves or others. Pledging activities that focus on education, relationship building, and service are less likely to be misconstrued to include hazing. Importantly, misunderstandings about the nature of a pledge event can easily lead to a student discipline and hazing investigation.
Many state legislatures have defined hazing in statute. Under New Jersey's statute, a person is guilty of hazing if, as part of the initiation of individuals into a student organization, fraternity, or sorority, they knowingly or recklessly:
- Cause or coerce a person to commit an act that violates federal or State criminal law;
- Cause or coerce a person to consume any food, liquid, alcoholic liquid, drug, or other substance and, by doing so, put them in physical or emotional distress or other harm;
- Subject a person to physical abuse, mistreatment, or harassment, such as whipping, beating, branding, or exposure to the elements;
- Subject a person to mental or emotional abuse, mistreatment, harassment, or degradation, such as sleep deprivation, exclusion from social contact, or conduct that could result in extreme embarrassment;
- Subject a person to sexual abuse, mistreatment, harassment, or degradation; or
- Subject a person to any other activity that creates a reasonable likelihood of bodily injury to the person.
Under California's penal statute, hazing is defined as any method of initiation or preinitiation into a student organization or student body likely to cause serious bodily injury to any former, current, or prospective student of any school or other educational institution. Additionally, the student group or organization does not have to be officially recognized by the school for its harmful initiation-related activities to be considered hazing.
To avoid the threat of a hazing accusation, make sure your pledging activities focus on education, advice sharing, and relationship development. Instead of seeking to embarrass a potential member, senior members could develop a program for pledges that focus on service to the fraternity or sorority and the wider community and on understanding the impact of former, current, and future members on their friends, chapter, university, and world.
If Your Pledge Activity is Perceived as Hazing
If a sorority or fraternity has been accused of hazing a pledge or pledge class, your school and local or state law enforcement agencies may investigate.
Because of the harm that hazing causes its victims, many states, including New Jersey and California, as mentioned above, prohibit hazing. Additionally, those accused of hazing could be arrested and prosecuted for additional criminal charges, such as sexual assault or battery, depending on the details of the pledging activity.
Constitutional due process and well-developed evidentiary standards mean that criminal proceedings are often pursued more carefully than a university's misconduct hearing. In some cases, a criminal charge of hazing may be pled down to a less serious crime or dropped entirely.
Although the resolution of a criminal charge may be a huge relief, it does not mean that the school will be as accommodating. A student without any legal culpability in the criminal context could still face harsh discipline if their university believes they hazed a pledge or pledge class.
Even the perception that a pledge event involved hazing could lead to a university investigation. The student disciplinary process can lead to severe and long-term consequences. Any student investigated for violating a school's anti-hazing policies should be prepared to defend themselves and demonstrate that their pledge event did not involve hazing. The Lento Law Firm and our experienced student defense attorneys can help you or your student navigate any university's process, regardless of the alleged violation.
When Does Pledging Become Hazing?
Although the line between acceptable pledge activity and hazing is not always clear, it is wise to avoid the extreme activities that are likely to be considered hazing. Pledge events should avoid activities likely to cause physical or mental distress, such as physical endurance tests, isolation, or exposure to extreme heat or cold temperatures without proper protection. Furthermore, pledges should not be deprived of sleep or food, nor should they be forced to consume extreme amounts of alcohol, food, or other substances. Sororities and fraternities should not plan elaborate mock kidnappings, psychological games, loyalty tests, or dangerous stunts. These rituals are likely to induce stress or fear and run a higher risk of violating school policies and state and local anti-hazing laws.
The initiation rites in which pledges participate are intended to build solidarity. When pledge activities cross the line into forced, harmful, and dangerous conduct, the pledge's loyalty to a sorority or fraternity may become undermined.
Instead, sororities and fraternities can foster community and avoid hazing accusations through a pledge program focused on relationship building, service, and education.
What Happens if a Pledge Event is Investigated for Hazing?
If a sorority or fraternity member has been accused of hazing a pledge, you can expect an investigation. Each college or university will have a code of conduct that likely includes anti-hazing provisions and information about possible sanctions for any violations. For any accused of hazing a pledge, it is critical that every effort be made to demonstrate that the activities in question were appropriate, legal, and safe for a pledge class and did not involve force or coercion.
For students found to have been involved in a hazing incident involving a pledge, possible sanctions may range from a reprimand to suspension, dismissal, or expulsion. Even relatively minor sanctions are often added to a student's transcript and can impact graduate school acceptance, eligibility for professional licenses, and future employment opportunities. Any sorority or fraternity member erroneously implicated in hazing a pledge or pledge class should be aggressive in defending themselves throughout the disciplinary process.
In some circumstances, the university may target the fraternity or sorority for a sanction. This type of collective punishment may involve suspending or removing the targeted fraternity or sorority from campus.
It can be heartbreaking to witness a once esteemed Greek life organization dismantled after a pledge-related hazing incident. That said, individual members are often at greater risk of sanction. The Lento Law Firm guides parents and students through the disciplinary processes at colleges and universities across the country. We know that a comprehensive strategy is the best defense to refute hazing accusations related to a pledge event.
What is the Student Disciplinary Process if You Are Accused of Hazing a Pledge?
If you are involved with a pledge activity that has been misinterpreted as hazing, your school will likely administer the investigation and hearing. Unfortunately, there is no guarantee that your school will seek out the truth of your pledge event. Schools often rush to judgment, focusing on a preconception that your pledge event devolved into hazing.
Every college or university establishes its protocols for investigating and adjudicating misconduct allegations, including accusations of hazing a pledge or pledge class. Generally, a student accused of participating in hazing can expect the process to include the following:
- Complaint: The student disciplinary process begins when a student, faculty member, school employee, or other involved individual submits a complaint accusing someone of hazing, including targeting a pledge or a pledge class.
- Notice: After the complaint is verified, the university then notifies the accused student of the complaint and the student disciplinary process.
- Investigation: Next, the school investigates the allegations, including collecting evidence and interviewing witnesses.
- Hearing: The school convenes a formal hearing before its disciplinary board or committee. At the hearing, you should be prepared to defend yourself and demonstrate that hazing was not part of your pledge activity. You cannot rely on the school to uncover the truth.
- Determination and Penalties: The university's disciplinary board or committee reviews the information and decides if a violation has occurred. If the accused has violated the code of conduct, the board determines what penalty will be imposed. Then, the accused student is notified of the decision and penalty, if appropriate.
- Appeal: A student facing an adverse determination usually has a chance to appeal.
Ideally, the student disciplinary process would be an objective search for the truth. In reality, the investigatory and adjudicatory processes are very subjective and vulnerable to human error. Perceptions about pledging and pledge activities may make it easier for investigators to believe a more benign activity was part of a hazing incident. No investigator is perfect, and even the most well-intended investigators make mistakes or misinterpret information.
Importantly, the investigator is unlikely to be a truly impartial third party. The investigator works for the university, not the sorority or fraternity, and certainly not for you or your student. The same holds for the decision-makers at any student disciplinary hearing. Protecting the university can easily become a priority for anyone involved in the disciplinary process. Participants may not be particularly interested in proving your pledge activities were harmless if they have already decided that hazing occurred.
It is stressful and overwhelming to navigate the student discipline process if you have been accused of hazing a pledge. You may want to end the disciplinary process through whatever means necessary to escape the uncertainty of waiting. For a student, it can be dangerous to make quick decisions without a complete understanding of the consequences.
Because of the potential for a long-term adverse impact, every effort should be made to challenge the school's version of events and argue that pledge activities did not involve coercion, harm, or dangerous activities.
The Lento Law Firm can collaborate with you to fight for a fair investigatory and adjudication process. Our Student Defense Team can help you understand the short- and long-term implications of the university's proceedings so that you can make well-informed decisions.
The Lento Law Firm Can Help Protect You During a Disciplinary Investigation
A student accused of hazing a pledge cannot depend on their college or university to prioritize their welfare or the truth during an investigation. Whatever the circumstance, you want the Lento Law Firm in your corner, fighting for a fair adjudication and a reasonable decision.
In higher education, all investigations for misconduct, including for hazing-related incidents, are complex. Federal law requires schools to be accountable for policing, punishing, and reporting campus crime, and failure to do so can jeopardize federal funding. State law may require that universities address hazing accusations in a specific manner or timeline.
Additionally, colleges and universities frequently prioritize public relations after a hazing incident. The university may want to demonstrate that it has zero tolerance for any pledge activity that involves hazing. In this case, it could be easy for a school to mischaracterize a legitimate pledge activity as hazing and take hasty and well-publicized actions against unwitting students.
A university's commitment to compliance and public relations fails its students who are erroneously implicated in a hazing investigation. Students must be willing to fight for their own future without assistance from their school. Any sorority or fraternity members accused of hazing a pledge or pledge class should be prepared to defend themselves.
The Lento Law Firm can help. If you've been involved with a pledge event that is being mischaracterized as hazing, it is essential that supporting evidence and witnesses be identified and integrated into your student defense.
During a hazing investigation of pledge activities, the Lento Law Firm's Student Defense Team attorneys can help you by:
- Performing our own investigation, including identifying witnesses and collecting evidence.
- Evaluating the school's written notice of the disciplinary charges and other correspondence and developing a comprehensive defense strategy to meet the student's needs.
- Negotiating, managing, and complying with your student's timelines, deadlines, and required submissions in response to their school's investigation or hearing.
- Reviewing and analyzing the school's evidence against your student.
- Attending informal and formal conferences and hearings, advocating for dismissal of charges against a student, and presenting mitigating witnesses and evidence.
- Appealing adverse decisions.
During an investigation or hearing on hazing a pledge, there are opportunities for the Lento Law Firm Student Defense Team to play a critical role in defending you or your student. We can help collect evidence that the alleged misconduct was not part of an initiation rite, prove there was no coercion, or demonstrate that the alleged victim suffered no mental or physical harm. We can identify and present witnesses to help exonerate you or your student from responsibility for the alleged hazing event.
The Lento Law Firm will fight on your behalf through the entire school disciplinary process, actively seeking the evidence and building the case that hazing was not involved in your pledge activities.
Conflicts of Interest Abound in Investigations and Hearings on Pledging and Hazing
The student disciplinary process at universities and colleges is adversarial. You may be surprised at how quickly the institution that emphatically recruited you may distance itself when a hazing investigation begins. Public relations and a commitment to protecting the university's reputation can drive a disciplinary hearing or decision. In these cases, the needs of students are often forgotten. This is certainly the case if the school is trying to mischaracterize a pledge activity as hazing. A student accused of hazing a pledge must be prepared to defend themselves.
Additionally, all members of the sorority or fraternity may not share the same degree of responsibility for the alleged hazing incident or the same objectives in the student disciplinary process. It can be stressful to realize your interests no longer align with other students and friends. You should not be held responsible for another student's inappropriate actions with a pledge.
By retaining the Lento Law Firm, you ensure there is an experienced attorney dedicated solely to defending your rights. You deserve an advocate committed to you and no one else. Our experienced Student Defense Team will be single-minded in our representation.
Let the Lento Law Firm Help
It can be scary to learn that a pledge event has been characterized as hazing. It is reasonable to be overwhelmed when navigating a new, high-stakes, and adversarial situation, particularly because student discipline investigations involving the hazing of pledges can move quickly.
You do not have to face a hazing investigation or adjudication alone. Let us fight for fairness and due process. It is never too late to create a dedicated team to help navigate the process and protect the future. Our Student Defense Team can help. Call our experienced attorneys at 888-535-3686 or submit an online consultation form to partner with the Lento Law Firm.
