Although largely frowned upon, some members of fraternities, sororities, clubs, and other organizations in some Tennessee colleges or universities still carry out hazing activities. They put new students, “applicants”, or intending members through some kind of “rite of passage” just so they can qualify to be a member of the organization, team, club, or group.
These days, most of the hazing is done in secret. However, when word gets out because one of the participants suffered injuries or harm, the students who were involved in the hazing may face disciplinary actions – some of which may even lead to expulsion.
If you have been accused of participating in a hazing incident, your future may be at risk. You need to ensure that your rights are protected during the disciplinary hearings.
At the Lento Law Firm, our Student Defense Team is experienced and has extensive experience in dealing with cases involving hazing accusations. We can help ensure that you have the right legal support and guidance during this difficult process.
Call us at 888-535-3686 or fill out this contact form to discuss your case.
College Hazing - What's it?
If you're unsure about your participation in a hazing incident, it's important to understand it, as that will serve as the basis for any disciplinary hearing or action. Hazing is the process of giving newcomers or students who want to join an organization, club, or group a hard time through a series of “tests” or “punishments.”
These often harmful or dangerous activities are usually meant to see how the intending member or “probie” “performs or reacts under pressure” or while they're being abused. Hazing originally wasn't meant to cause harm. It was designed to create a fun bonding experience both for the newbies who want to be a part of the organization and the current members.
Unfortunately, gentle hazing isn't the norm anymore. These activities have gotten so dangerous that they cause severe injuries and even death in participants.
For instance, hazing can be:
- Forcing participants to engage in binge-drinking alcoholic beverages
- Forced water consumption exercises bordering on “waterboarding” in extreme cases
- Prolonged physical and mental activity forced upon the participants
- Sleep deprivation activities lead to impaired cognitive function and other health issues
- Forced participation in risky activities, such as jumping off a cliff into water bodies
- Paddling or forcing the participant to engage in illicit or questionable activities contrary to their beliefs or morals.
- Physical and verbal abuse, often involving beatings and verbal insults
These are just a few examples. You may have noticed the recurrence of the word “force.” That's because, in many instances, hazing victims are often pressured to follow through or endure those activities to the very end – a situation that may lead to negative outcomes for some candidates.
Grounds for a Hazing Allegation
On what basis can someone file a complaint against you for hazing with the school disciplinary board? The underlying theme in every hazing allegation is abuse. If hazing allegations have been leveled against you, but you're not quite sure if you were a willing or unwilling party, the following questions should serve as a guide:
- Would you be comfortable or happy if you were on the receiving end of the actions you willingly or unintentionally encouraged?
- Would your family and loved ones be happy if they were to discover or witness your actions?
- Would the school authorities support your actions?
- Did my actions or the activities I participated in cause discomfort, pain, or distress to the candidates?
If there's a “yes” to just one of these questions, that may be grounds for a hazing complaint against you. If the disciplinary board finds, through their investigations, that you were a party to those actions, you could be suspended or expelled from the school.
This is why you need the help of the Student Defense Team at the Lento Law Firm to navigate these uncharted waters and protect your rights.
Call us at 888-535-3686 or fill out this contact form to discuss your case.
Can You Get in Trouble for Hazing in College?
Absolutely. Hazing is prohibited in Tennessee. In fact, it is in the same category as bullying, and every college has a zero-hazing policy. This includes hazing activities carried out outside campus or college grounds.
Tennesse's anti-bullying policy includes hazing as a key aspect. Students who are found culpable in a hazing allegation can, among other things, have a criminal offense as it's now considered a criminal violation. This means that if the party decides to file a criminal case, you could spend time in prison.
However, it's important to understand what the state's Higher Education Commission specifically considers hazing: harmful activities that are carried out as part of a body's initiation process. This means that sports-related activities or competitions are excluded from that definition.
Therefore, if someone files a hazing complaint against you because of an action during sporting events, it doesn't count.
Does Hazing Consent Matter in Tennessee?
While there's no clear consent clause in Tennessee's anti-hazing laws, the law's verbiage indicates that there's simply no room for hazing in the state's local educational agencies and institutions. So, it doesn't matter if there was consent or not. The law simply prohibits hazing activities.
For instance, Vanderbilt University clearly states that a student's willingness to voluntarily participate in a hazing activity doesn't "absolve the person or organization engaging in hazing from responsibility". It goes on to say that anyone found in connection with these activities may face the law. This strongly worded policy statement shows that the University doesn't condone any form of hazing.
Most tertiary institutions in Tennessee have a similar stance, which is why they have anti-hazing seminars or workshops on college campuses every year, in addition to publishing and distributing their respective policies to members of the student body.
In states without the no-consent clause, defendants can use the victim's consent as their defense – he/she agreed to it, so I am not liable. However, in Tennessee, that argument doesn't apply.
So, what does this mean for you as a college student? It means that if your school receives a report that you're involved in a hazing incident, whether as an active participant or a bystander, you may be subject to disciplinary actions. And if you don't have the right representation or guidance, the outcome of the hearing can adversely affect your future.
How Tennessee Colleges Handle Hazing Allegations
Hazing is prohibited in Tennessee higher institutions. So, if there are hazing complaints, the school's disciplinary board swings into action. They'll investigate the complaint, determine the veracity of the claim, contact you if you've been named as complicit in the case, and send you a notice to appear before the school's disciplinary board.
The problem with some hazing complaints is that innocent bystanders or non-participants can be named, which means that you may have to appear before the board for something you don't know about.
Steps to Take if You've Been Accused of Hazing in a Tennessee College or University
You may assume that you can easily tell your story in front of the board. But that's rarely the case. There have been instances in the past where disciplinary board members were already biased. That may be your case, particularly if there have been multiple complaints in the past against the group you're affiliated with.
Therefore, you may not even have a chance to convince the board of your innocence. And even if you did it, you may not be able to tell your story in a manner that'll convince them to either let you go with a warning or completely free. So, what's the best thing to do after you've been given a notice of appearance before your institution's disciplinary board?
Consult an experienced hazing defense attorney in Tennessee to discuss your situation. At the Lento Law Firm, our Student Defense Team is committed to helping you prepare for the hearing and providing the necessary legal support to help you weather this ordeal.
First, we'll take a look at your school's hazing policies. This is to ensure that the hearing follows due process and you are fairly treated during the entire process. Then, we'll start gathering evidence to help your case with the disciplinary board.
We'll also guide you on how you can provide a level-headed response to every question the board asks you. Note that once the disciplinary board has notified you of a complaint, it is imperative not to discuss the case with anyone in the faculty, students, and faculty members included.
This is because the board can call anyone as a witness, and they would be compelled to repeat the details of your conversation to the board.
What if The Board Takes Disciplinary Action Against You
The good thing is that the Tennessee Board of Regents allows students recourse in the form of an appeal. So, you may be able to appeal the disciplinary board's decision. This is even more so when you're at risk of getting suspended or expelled. The board is mandated to provide a means of appeal.
Depending on your circumstances, you may file an appeal with the University's Review Committee on Suspension and Readmission. Part of your appeals process would be to state the extenuating circumstances surrounding or leading to your punishment. The committee will then review your case.
Contact a Tennessee Hazing Defense Attorney
A hazing allegation is no joke. It can cost you everything, including your future. In fact, some colleges have been known to disseminate the names of students who were suspended or expelled because of hazing to other universities.
This “blacklisting” process is simply meant to inform those schools that you're a high-risk candidate. This may affect your ability to apply to and get into other schools just because of one mistake.
Worse, hazing can be on your record for a long time, affecting your chances of accessing opportunities in the future. That shouldn't happen. With our Student Defense Team, the Lento Law Firm will fight to protect your rights and ensure you get a fair hearing throughout the disciplinary process. We have helped students like you go through similar situations.
We believe one mistake shouldn't ruin an entire life or destroy a young person's future. Let our attorneys help you. We'll identify where you can dispute the allegations and tell a compelling story in front of the board.
Call us at 888-535-3686 or fill out this contact form to discuss your case.
