University Hazing Defense—District of Columbia

Colleges and universities across the country rely on codes of conduct outlining rules fostering a safe learning environment. As institutions address the proliferation of hazing and its practices, students must understand they risk punishment, even for mere allegations of involvement. Anti-hazing policies in District of Columbia schools are designed to protect students and maintain order on and off campus but may fail to provide fairness to all parties involved.

School administration officials and disciplinary boards can act quickly to impose harsh sanctions like suspension or expulsion when hazing allegations arise. Even if it's a student's first-time offense, hazing charges can lead to the following:

• Ineligibility for financial aid
• Disqualification from enrolling in other schools
• Exclusion from graduate programs
• Denial of job applications

Despite procedures to allow accused students to defend themselves, forming a strong defense strategy while focusing on schoolwork is more than challenging. However, students in District of Columbia colleges and universities have an opportunity to gain the guidance and support they need for the best outcome.

The Lento Law Firm Student Defense Team stands prepared to help students protect their rights and defend against hazing allegations. False accusations can upset a student's academic and career pathway, as can intrusive investigations and potential bias from disciplinary boards. Our team will analyze every form of redress available to you to ensure your graduation goals remain unaffected. To learn how our team can help, call us at 888-535-3686 now or visit our confidential consultation form.

District of Columbia Hazing Laws

Federal law does not explicitly address hazing with a uniform definition or approach to punishment. Instead, almost every state, including the District of Columbia, specifies the particulars of hazing and its consequences. The municipal code states that hazing is any "action taken against a person for the purpose of being initiated into a group that endangers the mental or physical health, well-being or safety of a student, and results in humiliation, embarrassment, ridicule, intimidation or shame." Schools in the District are also at liberty to create policies for their community members in conjunction with the code.

Howard University, like many others, defines hazing as "any initiation of applicants to or members of a student or fraternal organization in which a person or people knowingly or recklessly organize, promote, facilitate or engage in any conduct…which places or may place another person in danger of bodily injury."

Those on athletic teams are excluded from the District's hazing law but must follow the rules of their respective colleges, universities, and athletic associations. The law also requires institutions to report hazing incidents to law enforcement agencies when necessary. Moreover, failing to promptly report the presence and practice of hazing in District of Columbia schools is also considered a punishable offense.

How Do District of Columbia Schools Handle Hazing?

Many parallels exist between schools and their definitions, prohibited conduct, and sanctions for hazing. For instance, Georgetown University explains that hazing is an "abuse of power by a member of an organization and group used against an individual as a condition for seeking to join, hold membership, or affiliate with the organization and group." The following are further determining factors for the practice, which included but are not limited to:

• Demeaning, excessive, unproductive, or unsafe acts that endanger someone's physical, psychological, or emotional well-being.
• Conduct is exercised through direct action against another or through indirect action by influencing others.
• A failure to address or report hazing acts or abuses of power.

Generally, there are common examples of hazing behavior given in the student code of conduct. The University of the District of Columbia (UDC) lists the following as hazing:

• Engaging in illegal activities or those against university policy
• Forced consumption of any solid or liquid substance
• Verbal or physical harassment or abuse
• Required participation in organizational activities
• Involuntary excursions
• Exposure to uncomfortable elements or forced exercise
• Forced nudity
• Other behavior or activities that compromise the dignity or free will of individuals

Schools throughout the District of Columbia provide numerous examples of what can constitute hazing, like those listed above. However, in many cases, the institution has the discretion to determine if an act constitutes hazing. For example, American University states that an "exclusion of a specific example should not be interpreted as indicating that the excluded conduct is acceptable or permissible."

Members of the college or university community are expected to report hazing or suspected activities immediately. In some cases, individuals may incur punishments for failing to report. If students, teachers, school employees, or others report hazing allegations, the individual, group, club, organization, or team is subject to the disciplinary procedures outlined in the school's code of conduct.

Disciplinary Investigations and Hearings

The initial investigation process may vary from school to school and may depend on the situation alleged. Disciplinary officials, such as a student conduct board or school investigators, interview the accuser (complainant) and may meet with the accused student (respondent) to hear their side of the story.

Under extreme circumstances, institutions of higher education have the authority to levy interim sanctions, like a suspension from school, prior to a hearing. Typically, the measure is only used when necessary to keep the student body or campus community safe, but some make it an obligation. Students tied to credible allegations involving hazing at UDC "shall be placed on immediate interim suspension. Hearings to resolve interim measures are normally held within three days at most schools, with some, like UDC, implementing same-day procedures.

Regardless, in most situations, when the school's disciplinary authorities obtain sufficient evidence supporting hazing allegations, they notify respondents of the charges against them. Students will meet with a school disciplinary official who will likely provide an option to avoid a formal hearing. While that may sound like a good option for a student worried about undergoing a hearing, it's essential to understand the consequences. At Catholic University, accepting responsibility for violations, hazing or otherwise, can still lead to the full range of potential sanctions imposed and forfeiture of appellate rights.

Other colleges and universities throughout the District of Columbia may provide different options to students, but each must give the chance for a formal hearing. No matter what any particular school offers, students must request a formal hearing to exercise their due process rights and ensure the matter is handled fairly.

Hearing Procedures for Hazing Charges

The disciplinary hearing is managed by a board comprised of faculty, staff, and student representatives, in most cases. The complainant and the respondent may have an advisor (who can be an attorney) available for the hearing to provide them with assistance. However, the advisor cannot address the panel or otherwise represent or advocate for the individual.

The structure is broadly similar for all colleges and universities, and disciplinary hearing procedures will generally follow the sequence below:

1. The hearing officer (often known as a conduct administrator or panel chair) requests that both the complainant and respondent deliver an opening statement.
2. Each party has the opportunity to cross-examine the other party and any witnesses.
3. Panel members may question both parties and their witnesses.
4. Both the complainant and the respondent are given a chance to make closing remarks.
5. The panel then concludes the hearing to deliberate and reach a decision.

The panel's final decision is usually based on a majority vote of the panel members. If a tie occurs, the hearing officer or the official presiding over the hearing will usually cast the deciding vote. Schools tend to use a “preponderance of the evidence” standard for determining responsibility—that is, the evidence must show that the respondent is more likely responsible for misconduct than not.

At Howard University, the panel must prepare a written report including any recommended sanctions no later than five business days after the date of the hearing. The decision is formally notified by certified mail or the institution's online portal to the responding party and to the complainant.

Consequences of Hazing Charges

Colleges and universities in the District of Columbia impose similar punishments on students who are found responsible for hazing. Most institutions have a set range of sanctions for violations, from verbal reprimands to expulsion, but some consider other factors. For example, GW University's hearing panel will consider the "totality of the situation" to determine the degree and nature of punishment, including, but not limited to, the following:

• The nature of the violation and the incident.
• The impact of the conduct on the individuals involved.
• The implications of the conduct on the university community.
• The respondent's prior misconduct.
• Expressions of remorse or acceptance of responsibility.
• The necessity of any specific action to prevent recurrence.

While warnings and censures are a part of any school's list of sanctions, hazing charges often lead to a change in the student's status. Students will likely experience a probationary period if allowed to remain fully enrolled. Violations may result in removal from housing, suspension, or expulsion from the institution. Below are some common sanctions levied against substantiated hazing charges:

• Limitation of Privileges: Restricted access to school activities or resources for the designated period of time, such as parking, use of facilities, leadership roles, participation in organizations, honor ceremonies, and others.
• Removal from Housing: Revocation of a student's residence contract, which may include exclusion from visiting certain or all campus housing facilities.
• Suspension: Separation from the school, including access to campus or school-sponsored activities off campus for a specified period of time.
• Expulsion: Termination from the institution and banned from campus and related activities in perpetuity.

Colleges and universities like GW University have other types of sanctions called "active sanctions" that require action by the respondent in order to return to normal student status. The following are just a few that the school may levy against a student charged and found responsible for hazing:

• Alcohol and narcotics assessments or interventions and related rehabilitation programs.
• Attendance at or development of an event focused on repairing the harm caused to the community.
• Reflective projects in which the respondent demonstrates their learning from the incident.
• Restitution (monetary or otherwise) paid to the school or to a harmed third party for damages, loss, or injury resulting from hazing charges.

In the event a student is removed from their housing assignment, suspended, or expelled, the school will not offer a refund of any financial aid. While sanctions are effective immediately following the disciplinary panel's decision, students can appeal hazing charges.

Can You Appeal Punishment for Hazing?

Students found responsible for hazing charges have the right to appeal their school's decision. However, there is a narrow bandwidth of eligibility for re-examination. Timelines to file vary between schools, but Howard University offers five days to submit appeals. Colleges and universities exclusively review an appeal for the following reasons:

• Procedural Error: An ignored or flawed procedure led to an unfair or impartial hearing.
• Substantive Error: The interpretation of school policy substantially affected the hearing, leading to the denial of a fair hearing.
• Emergent Evidence: Relevant new evidence not available at the time of the hearing could materially affect the case findings or the panel's decision.
• Disproportionate Sanctions: The punishment is deemed excessive in relation to the charges.

If the case is reassessed, a different school authority or administrator will review the appeal and make a determination affirming the original findings and punishment, affirming the findings and augmenting the punishment, or overturning the case and remanding it for a new hearing.

How Can the Lento Law Firm Student Defense Team Help?

Students involved in hazing allegations in the District of Columbia colleges and universities need the tried and tested support of the Lento Law Firm Student Defense Team. Charges can affect the ability to graduate with a degree and hinder post-graduate opportunities. Beginning with professional defense will alleviate many challenges faced through the grievance process, from the notice of a code of conduct violation through the disciplinary panel's final decision and beyond if necessary.

While local trial attorneys may advertise their courtroom expertise, it's important to reconsider. The tactics used in school disciplinary matters are quite different from those employed in a courtroom setting. In student discipline cases, there is no presumption of innocence, and the school has a lower burden of proof to meet before a student is subject to disciplinary sanctions. The Lento Law Firm Student Defense Team provides essential assistance to students in the District of Columbia by:

• Collecting evidence and securing witness testimony to build your defense.
• Crafting a response to the allegations and preparing you for the hearing.
• Negotiating with the school's disciplinary officials and its Office of General Counsel.
• The right to appeal and, if necessary, to take the case to the highest level of legal recourse.

Don't jeopardize your academic or professional future by taking unnecessary risks. If you are a college student in the District of Columbia facing discipline for hazing allegations, we will protect your rights and help you obtain the most favorable resolution possible. Contact us at 888-535-3686 or use our confidential consultation form.