Arizona is home to some of the largest and most well-known universities in the United States, such as Arizona State University. With large student populations, there are ample opportunities for students to take part in a variety of on-campus organizations and extracurricular. For example, at the University of Arizona, there are more than 50 Greek-letter student groups and 18 varsity athletic programs. Then there are the less-prominent student clubs and organizations that play an important part in many students' social, academic, and professional development.
Many of these organizations have special initiation rituals and processes that individuals must complete for acceptance into the group. In some cases, these activities may inflict emotional, psychological, or physical harm on those trying to gain entry or enhance their current standing in the organization. This is known as hazing and is not only illegal in Arizona but against practically all student codes of conduct at Arizona colleges and universities.
If you're accused of hazing, it could make it more difficult for you to earn a degree or get a dream after graduation. The moment you learn you're accused of hazing, contact the Student Defense Team at the Lento Law Firm. You can schedule a consultation online or by calling 888-535-3686.
How Arizona Defines Hazing
Hazing is illegal in Arizona under what is known as “Jack's Law.” This Arizona statute is, in some ways, one of the more expansive anti-hazing laws because it has a broad definition of hazing and provides a comprehensive list of illegal activities, including:
- Any form of sexual penetration, brutality, or humiliation (including forced nudity).
- Anything that would result in physical injury or severe mental distress of the person being hazed or cause them to harm others.
- Consuming any food, drink, or substance that poses a significant risk of causing physical or psychological harm.
- Anything that would pose a significant risk of death or physical injury, including excessive exercise or exposure to the elements.
This isn't an exhaustive list of illegal hazing activities, but it reflects the comprehensive nature of Arizona's anti-hazing law in terms of how it defines hazing. One of the more notable things about this law is that, in addition to physical harm, it defines hazing as activities that would cause emotional or psychological harm to the person being hazed.
The reason why Arizona's state-law definition of hazing is important for college students is that many Arizona schools rely on that definition to create their own hazing policies. However, universities and colleges in Arizona are free to create a broader definition of hazing, as is the case at Arizona State University, which also includes late working sessions that interfere with academics as a form of hazing.
A broader state-law definition of hazing makes it more likely schools in Arizona will create anti-hazing rules that apply to more types of behavior. This means there's a greater chance of students getting into trouble.
It should be noted that nothing in the statute itself applies the anti-hazing provisions to private colleges or universities. Despite this, most (if not all) private Arizona colleges and universities will likely have their own rules and codes prohibiting hazing among their students. But why would a private school prohibit hazing if they don't have to? For the same reasons, any public college or university in Arizona will do so - they want to maintain student safety and protect the school from legal liability and bad publicity.
AZ Colleges and Universities Can Severely Punish Hazing
When hazing occurs, schools want to show the world that they don't condone this behavior and are doing everything in their power to stop it. Getting in the news for hazing can lead to fewer students applying to the school and less money donated by boosters and alumni. One way a school can protect its image after a hazing incident is to harshly punish students accused of hazing and to work as quickly as possible to find students to take the blame. A school could do this even if it means compromising the students' due process rights, as well as their post-graduate future.
This could mean ignoring established discipline procedures at the school. For instance, at the University of Arizona, at least five days before a formal hearing, the accused student will receive information from the school about witnesses it expects to call, what those witnesses will testify to, and documents that may be used as evidence. A school might provide this information a day late or provide incomplete information about a prospective witness' expected testimony in the hopes the student doesn't notice these deficiencies.
This is why Arizina's state law about hazing isn't always the biggest worry for college students. Schools have wide latitude about how they choose to discipline those involved in hazing internally, and they often use that discretion to “send a message” to other students about hazing.
An Overview of the Disciplinary Process for Hazing in AZ
Every school will handle hazing incidents differently, although there will be many similarities in how students accused of hazing will be disciplined. The following is a general outline of how a student accused of hazing at the University of Arizona could progress through a formal disciplinary process.
The process begins with a referral to the Dean of Students or the Dean of Students beginning the disciplinary process on its own initiate after learning of the incident from the media or internal sources. At this time, the Dean of Students has the discretion to take interim action against the student if it feels such action is necessary because a student's continued presence can create a significant disruption to school operations or a threat to others.
This interim action can include restricting the student from certain parts of campus or suspending them temporarily until the Dean of Students decides to end the interim action or the disciplinary process is complete. If the Dean of Students imposes an interim action, the student must have the ability to defend themselves against the allegations within five days of the start of the interim action.
After initiating the disciplinary process and imposing any interim actions, the Dean of Students then decides if additional information is required to determine whether the student violated the student code of conduct. If more information is needed, the investigation begins and may involve interviewing individuals and reviewing documents. If the Dean of Students decides to conduct an investigation, it will notify the student in writing that a violation of the code of conduct may have occurred and that an investigation will commence.
If the Dean of Students decides to charge the student with a code of conduct violation, they will notify the student with a summary of the information gathered, an explanation of the disciplinary process, and how the student may respond to the charges.
The student accused of hazing can then meet with the Dean of Students and respond to the allegations. During this meeting, the student can decide to accept responsibility for the allegations and forego any other steps in the disciplinary process.
After this meeting, the Dean of Students will issue a decision that confirms the charges against the student, the Dean of Students's judgment of the charges, and the sanctions imposed, if any. This decision is final unless the student asks for a hearing to review the Dean of Students' decision. This right to appeal only exists if the sanction results in the student's suspension, expulsion, or revocation of their degree.
A student choosing to have a hearing to review the Dean of Students' decision must request it within 20 days of being informed of this right. This hearing will occur before a hearing board, which will make a recommendation to the university provost. It's the provost that makes the final decision, but the hearing board gives the provost their recommendation on whether a student code violation has occurred and, if so, if the sanctions imposed by the Dean of Students are appropriate.
Once a hearing is scheduled, the student receives written notice, which includes the time, date, and location of the hearing, a list of charges, a description of the allegations, a copy of the student code of conduct and disciplinary procedures, the identity of the hearing board members, and an explanation of the right to have an advisor help during the hearing process (this advisor can be an attorney).
At least five days before the hearing, the parties must exchange information about the case, including the names and addresses of witnesses to be called, a summary of each witness's statements, copies of documents to be presented at the hearing, and the name and title of the student's advisor (if applicable) and the university representative who will present evidence on behalf of the school.
The hearing is not open to the public, and the chair of the hearing board will make all procedural decisions for the hearing, including the admission of evidence. After each side presents their evidence, the hearing board will start deliberations and formulate a recommendation for the provost.
At least three of the five hearing board members must agree for a recommendation to be made. The hearing board must send its recommendation to the student, Dean of Students, and provost within three days of the hearing.
The provost may choose to accept, disregard, or modify the hearing board's recommendation(s). If the provost wants to modify or ignore the recommendation, the provost has to explain why. If the student disagrees with the provost, they may ask for judicial review, a rehearing, or a review. A rehearing or review will only be available if either significant new evidence exists or the student can identify the existence of irregularities or illegalities during the hearing.
Why It's Easier to Get in Trouble During the Disciplinary Process
There are several reasons why it can be easy for a student facing discipline from their school to be found responsible and face sanctions. First, the Arizona rules of evidence don't apply in the disciplinary process. The chair of the hearing board has the discretion to accept or reject evidence, can apply its own standards, and doesn't need to follow the Arizona rules of evidence or prior judicial precedent.
Second, the burden of finding the student liable is fairly low. To be found responsible for hazing at the University of Arizona, the Dean of Students or the hearing board only needs to find that “it's more likely than not” that there was a violation of the code of conduct.
In plain English, this means the University of Arizona can rule against the student as long as they believe there's a greater than 50% chance (no matter how small that chance is above 50%) that the student violated the code of conduct.
Third, the student disciplinary process can apply to a wide range of activities. For example, Arizona State University's student code of conduct prohibits hazing. But let's say you're accused of something that may not meet the school's definition of hazing. There's a chance that Arizona State University can still punish you for that activity.
If it turns out what you did doesn't meet the school's definition of hazing, your school could still charge you with violating the student code of conduct because they might argue what you did violated another school rule, such as violating a state or federal law, or you only attempted to haze someone (even if you were never able to carry it out).
The bottom line is that if your school wants you to be in trouble, there's a reasonable chance they can find something they charge you with and start the disciplinary process against you.
Get the Right Legal Help If You're Accused of Hazing in Arizona
Student disciplinary proceedings in Arizona have a unique set of rules and processes. Because you're only in trouble with your school, it might seem like it's not a big deal. But it is, because getting in trouble with your school can jeopardize your ability to graduate, as well as your professional prospects. This is why it's critical to hire a lawyer who has experience handling student discipline issues. The moment you find out your school is charging you for hazing, contact the Lento Law Firm's Student Defense Team. We know how to help students defend their reputations and academic and professional futures against allegations from their schools. Learn more by calling us at 888-535-3686 or using our online contact form.
