California has the most colleges and universities of any state, so it's no surprise that it has its fair share of students enjoying the social offerings of an on-campus education. This includes not just Greek life, but also varsity and intramural sports, as well as various clubs and other extracurricular activities.
For instance, at the University of California, Los Angeles, there are at least 60 national and international Greek-letter organizations. At the University of Southern California, there are more than 20 varsity sports teams. With so many groups and organizations, there can be a lot of peer pressure to participate in certain “rituals” as a form of initiation or pre-initiation into that organization. In some cases, these “traditions” can constitute hazing and are illegal under California law. Hazing may also be explicitly prohibited by an institution's student code of conduct, as is the case at Cal State Fullerton.
If you or your child is accused of taking part in hazing activities, a student can find themselves facing an uncertain disciplinary process which could jeopardize their academic and professional future. This is why it's critical to contact the Lento Law Firm's Student Defense Team. We have experience defending students from these types of accusations and understand the seriousness of them. You can call us at 888-535-3686 or use our online contact form.
What Is Hazing?
The definition of hazing can vary, although as a college student, you probably have two definitions that apply. At a minimum, you'll have the California state law definition. This statute defines hazing as:
“…any method of initiation or preinitiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in this state. The term “hazing” does not include customary athletic events or school-sanctioned events.”
Most California educations of higher learning will also have their own definitions of hazing and either use the above-referenced statute, some other state regulation that might define hazing, or apply a definition they create themselves.
For example, the University of California (UC), Riverside defines hazing as “any initiation (or pre-initiation) method into a campus organization or activity that causes (or is likely to cause): physical injury, personal degradation or disgrace, or psychological harm.”
When comparing the two types of definitions, it's important to note that the definition used by UC Riverside is far broader than the state-law definition. Even if you don't attend UC Riverside, your school's definition of hazing is likely broader than California's criminal statute.
You can see this when you compare the types of harm included in each definition. The criminal hazing statute only applies to activities that cause (or are likely to cause) serious bodily injury. In contrast, UC Riverside includes psychological and emotional harm in its definition of hazing. So you could get in trouble at school if the hazing only results in the victim's embarrassment.
UC Riverside is not an exception and many (if not most) other post-secondary institutions in California will have a more expansive definition of hazing, such as Stanford University and Cal Poly Humboldt.
Colleges and Universities Crack Down Hard on Hazing in CA
Most, if not all, California universities and colleges will come down hard on students for hazing once someone files a complaint or a hazing ritual goes public. The schools do this because hazing is dangerous and can result in the death of its students. A student getting hurt from hazing may mean the school breached its duty of care to that student. Another major problem is that students harmed while taking part in the school's social life can seriously damage that school's image and reputation.
Your school might be a nonprofit organization for higher learning, but it will advertise and market as if it's one of the largest for-profit corporations in the world. University presidents, academic board members, school trustees, and college administrative officers care a great deal about how the world views their institution. A bad public image means fewer students will apply to their school. This can lead to less money for the school, whether from fewer students paying tuition, public sources, or donors.
This bad publicity could take years for the school to recover from and cost a drop in not just applicants, but donations from boosters and alumni. Then don't forget the legal issues the school could face, like constly litigation and increased scrutiny from government officials.
The Disciplinary Process Isn't Always Fair
Severe punishments aren't the only thing schools will use to improve their image and protect students. Schools may also tilt the disciplinary process in their favor to make it more likely a student accused of hazing gets in trouble.
What's most likely is that your school will try to get you to say or do something that makes it easier for the school to blame the hazing incident on you. For example, they might tell you that they'll seal your academic records or lessen your potential punishment if you admit to your involvement in the hazing. Or they might ask you to answer questions and hope you admit to something, even if you just misspoke or misunderstood the question.
There's also a chance the school won't follow their published procedures. At the University of California, Davis, students have the right to remain silent during the disciplinary process without an inference of responsibility or culpability. Yet there's no way to make sure this always occurs, given how it's impossible to read people's minds.
Schools like to handle hazing accusations using their internal disciplinary process because it makes it easier to not just keep things out of the public eye, but also apply a less-than-fair investigation and disciplinary process. Students don't always have constitutionally protected due process rights like the right to question the accuser, a right to a fair trial, and a right to legal counsel.
This doesn't mean there's nothing you can do once you're accused. However, it mean that if your school accuses you of hazing, you need to get in touch with an attorney with experience handling student discipline issues. The motivations, procedures, and policies that apply in a school's disciplinary process are unique and require a unique set of skills and experience.
Other Ways CA Schools Can Punish Hazing
If you're accused of hazing, one of your defenses could be that what you're accused of doing doesn't meet the state law or school's definition of hazing. Assuming this argument is successful, you could still get in trouble.
One way this could happen is if what you did broke some other state or federal law. Your school's honor code or code of conduct is almost guaranteed to have a provision that states you breaking the law constitutes a violation of the school's honor code, as is the case at Cal Tech.
Even if no law is broken, there's a chance that what you did violated one or more other sections of the student code of conduct. This might include:
- Doing anything that might harm another student.
- Taking part in any activity that causes a disturbance that might hurt others.
- Any type of reckless (not intentional or accidental) conduct that could result in physical harm to others.
The bottom line is that regardless of whether your conduct meets the definition of hazing or breaks the law, there are ways your school can discpline you for conduct that's similar to hazing.
The Student Disciplinary Process for Hazing
Every school will have its own specific disciplinary process, but the major components of each process will be similar among all California schools. The following information outlines the student disciplinary process at California State University, Los Angeles.
Most hazing disciplinary proceedings begin with someone submitting a complaint of the alleged hazing. This complaint could come from the victim, but it could also come from someone who witnessed the hazing or otherwise became aware of it.
After receiving the complaint, the school will conduct its investigation. This investigation can include asking for documents, testimony, or other forms of evidence, like video recordings. There's a limit on how much time the school has to complete its investigation into hazing, which is usually 40 working days. Other investigations, such as those relating to sexual assault, harassment, academic dishonesty, or discrimination, may have longer or shorter investigation periods.
After completing its investigation, the school determines if the student violated its code of conduct or honor code. Assuming the school reaches this conclusion, it will schedule a conference within 10 working days of investigation completion and inform the student of this conference.
This notice will contain information relating to the date and place of the conference, factual accusations levied against the student, any rights the student has during the conference (such as the right to counsel), the potential sanctions the student faces, and implementation of any immediate sanctions, such as a suspension.
At the conference, the student will respond to the charges by informing the school if they will be admitting them or contesting them. At the conference, the student may choose to reach an agreement with the school as to how this matter should be resolved. This might include admitting to the charges, but receiving a lighter sanction or admitting the charges and having a hearing to challenge the proposed sanctions.
It's at the hearing that the student presents their defenses. The school shall issue a notice of the hearing to the student within 10 working days following the conference. This hearing notice will contain similar information to the conference notice.
During the hearing, the school and the student (or the student's advisor, such as an attorney) may present evidence, such as calling and questioning witnesses. A hearing officer oversees and controls the entire process and may allow the presentation and admission of evidence as they see fit. There are also no rules of evidence, so information that might otherwise be inadmissible at a criminal trial can be used at the hearing, including hearsay.
After the hearing, the hearing officer will make a decision. The standard of proof for a finding against the student is a preponderance of the evidence, or “more likely than not.” This is a far lower standard than at a criminal trial, which is beyond a reasonable doubt. All else being equal, it's much easier to be found guilty at a disciplinary proceeding than a criminal trial.
The hearing officer's decision is subject to review by the school president. The president may agree with the hearing officer, make changes to the decision, or refer the matter back to the hearing officer to resolve additional issues.
California Student Hazing Defense
Your school's disciplinary proceeding is independent from any other investigation or legal process. This is why it's important to hire a student discipline defense attorney who has experience defending against charges from a college or university. They'll understand the academic and professional consequences that hazing allegations can have and possess the skills to navigate the student disciplinary process.
For instance, being found responsible for the alleged hazing and having a blemish on your academic record might make it more difficult to enter a particular profession or get accepted into graduate school. This means you'll want to do everything you can to avoid your school finding you responsible for the alleged hazing. As a result, admitting responsibility in return for a lighter sanction is out of the question.
Every situation will be different and that's why it's imperative to hire the right attorney to help you through this complicated and stressful student discipline process. The Student Defense Team at the Lento Law Firm has the knowledge and experience to do this. You can reach us through our online contact form or by calling us at 888-535-3686.
