Hazing isn't uncommon on or near New Jersey college and university campuses. Throughout the nation, hazing continues to occur, particularly among student athletes and members of fraternities and sororities.
Surveys and studies support this conclusion. According to research, more than half of college students involved in fraternities, sororities, and other such organizations experience hazing at some point in their college careers. About 74% of student athletes will also experience hazing.
Administrators and decision-makers at New Jersey universities want to protect their students from such mistreatment. They also don't want prospective students and their parents to think theirs are schools where hazing is tolerated. Thus, they often take hazing accusations very seriously.
Are you facing disciplinary action at a university in New Jersey because someone has accused you of hazing? Although this may not be a criminal case, it's wise to hire lawyers to defend you in these circumstances.
At the Lento Law Firm, our Student Defense Team is available to offer the legal assistance you need right now. We have experience handling internal university investigations, making us uniquely qualified to defend you. Get started today by submitting your information through our online contact form or calling our offices at 888-535-3686 for more information.
What Qualifies as Hazing in New Jersey?
Like many states, New Jersey has a law defining and prohibiting hazing. Although the law technically only applies to criminal cases, understanding how New Jersey defines hazing could help you better understand how a university in New Jersey might define it.
Under New Jersey law, hazing occurs when, in connection with initiation into a fraternity or similar organization primarily consisting of students, someone “knowingly or recklessly”:
- In any way induces someone to break the law
- In any way forces someone to consume food or beverage (whether it be alcoholic or not) in a manner potentially harmful to their physical or emotional health
- Abuses, mistreats, harasses, or otherwise physically degrades someone (such as by whipping them)
- Abuses, mistreats, harasses, or otherwise degrades someone in a mental or emotional manner (such as by depriving them of sleep or isolating them from others)
- Abuses, mistreats, harasses, or otherwise degrades someone in a sexual manner
- Subjects someone to any other activity with a reasonable potential to cause bodily injury
The law points out that certain forms of training and competition for athletic teams, law enforcement agencies, and other such groups may resemble hazing. However, if these activities are deemed “reasonable and customary,” they don't qualify as hazing under New Jersey law. This is one of many ways the line between what does and doesn't qualify as hazing may be unclear.
Remember, universities may be able to expand on New Jersey's legal definition of hazing when establishing their own policies. They may simply use the law as a framework for their policies.
New Jersey Law Requires Universities to Prohibit and Punish Hazing
The law also states that public and private institutions of higher learning in New Jersey must adopt a written policy prohibiting hazing. Universities must post this policy in various spots to ensure students are aware of it.
In addition, the law requires colleges and universities to implement policies regarding the enforcement of anti-hazing rules. That's just one reason universities in New Jersey may take hazing accusations seriously. Along with protecting a school's reputation, those investigating an alleged hazing incident may be fulfilling a legal duty.
Potential Consequences of Being Accused of Hazing in New Jersey
New Jersey law offers examples of some penalties colleges and universities may consider when punishing students found responsible for hazing. They include:
- Fines
- Withholding a diploma or transcript until a party found responsible for hazing makes necessary adjustments to comply with the rules
- No longer allowing a student organization to operate on campus or to be officially recognized by the institution
- Probation
- Suspension
- Dismissal
- Expulsion
Be aware that someone accused of hazing may be accused of violating multiple school rules. According to the law, schools may impose additional penalties for additional violations.
The penalties you may face if you've been accused of hazing can significantly impact your academic and professional career. For example, perhaps your college expels you for hazing.
Finishing your degree at another college may be an option in these circumstances. However, finding a college that will accept a student expelled for hazing could prove very difficult. It might be nearly impossible to finish your degree if hazing accusations result in your expulsion.
It's also possible that future employers will learn you were expelled from school for hazing. Even a suspension may result in a gap in your transcript that you'll need to explain to future employers. An employer may be less likely to hire you if they find out you participated in a hazing incident that led to your suspension or expulsion.
With so much on the line, you need to protect yourself when someone has accused you of hazing. Start by enlisting the help of legal professionals with the experience necessary to properly represent you. That's exactly what you'll find at the Lento Law Firm's Student Defense Team.
What Not to Do If You're Accused of Hazing at College or University
You may be taken by surprise upon being notified that someone has accused you of hazing. In these circumstances, you might feel your best course of action is to cooperate.
It's true that being unreasonably uncooperative won't work in your favor here. That said, although this may not be a criminal case, it's best to treat it as one. That means avoiding certain common mistakes that could negatively affect your case's outcome.
Errors you should NOT make after being accused of hazing at a New Jersey university or college include:
- Participating in interviews or hearings without speaking to lawyers first
- Trying to negotiate a deal with the school without consulting with attorneys
- Discussing a case on social media
- Assuming the matter will resolve itself
An internal university investigation into an alleged hazing incident can also result in criminal charges. Even if you're not facing criminal charges now, be aware this may change as your case develops.
By treating your case with the same seriousness you would treat a criminal case, you can be confident you're taking proactive steps to secure your future. Our Student Defense Team at the Lento Law Firm can help.
Schools May Neglect Due Process When Investigating Hazing
Although there are many similarities between university hazing cases and criminal hazing cases, there are also some key differences. Unfortunately, those differences aren't always to the advantage of students accused of hazing.
Federal law requires prosecutors, courts, and law enforcement to abide by the rules of due process when investigating and penalizing those accused of committing crimes. Although what due process consists of may vary somewhat depending on the situation and context, it usually involves the following:
- Giving someone sufficient notice of the charges against them
- Allowing someone to defend themselves when they've been accused of a crime
- Ensuring a neutral third party (such as a jury of one's peers) decides the outcome of a case
Again, New Jersey law does require colleges and universities in the state to establish policies against hazing. However, the law doesn't state that colleges and universities must follow the rules of due process when handling such matters.
Some institutions ignore due process when investigating students accused of hazing. The following are just a few ways they may do so:
- Notifying a student of the accusations against them without giving that student sufficient time to mount a defense
- Not properly informing a student of their rights throughout an investigation
- Not allowing a neutral third party to decide whether to penalize a student
As a student facing penalties ranging from probation to expulsion, you may naturally be intimidated during an investigation. You might also be unaware of your rights.
It's very important to have representation from professionals who can ensure your rights aren't being violated. That's just one benefit of hiring the Lento Law Firm's Student Defense Team.
Potential Defenses in a New Jersey Hazing Case
Personalization is among our top strengths at the Lento Law Firm Student Defense Team. We know every case is unique. That's why we carefully review the details of every case, tailoring our defense strategies accordingly.
There's no way of saying how we'll defend you. Our approach to your case will depend on the specifics of your situation.
That said, the following are several common defenses legal professionals may use when students are accused of hazing. These examples may give you a sense of some of the potential ways we may approach your case:
- Establishing an alibi: It's possible someone was mistaken or even lying when they accused you of participating in a hazing incident. If you have an alibi placing you somewhere else at the time of the alleged incident, we can help you gather evidence establishing that alibi.
- Showing you were only a witness: Hazing incidents often occur in crowded settings. In these environments, it's not always clear who is directly participating in hazing, who is a witness, and, in some cases, who is a victim. We may be able to show that, although you were technically present during a hazing incident, you weren't a participant.
- Showing an act doesn't qualify as hazing: Remember, there may be instances when it's debatable whether a particular act rises to the level of hazing. Something that appears to be hazing to an outside observer may actually qualify as a legitimate training activity or similar act. If there's any question regarding whether what you're accused of actually falls under the heading of hazing, we may account for this when working on your defense strategy.
- An act was staged: Creating staged content to post online has become increasingly common among college students in the digital era. Sometimes, students may get into trouble for posting content in which they appear to be hazing other students. However, sometimes, this content is staged, with no one actually being put in danger. While you should never lie when trying to explain away hazing accusations, if the act of which you're accused was genuinely staged, we could help you show this to be the case.
No lawyers can guarantee a specific outcome to your case. Doing so is unethical.
It's impossible to promise a student accused of hazing that they definitely won't face any type of disciplinary action. However, as with a criminal case, those who decide a student's fate may often negotiate with a student's attorney to arrive at a “sentence” that's fair.
Lawyers can help you show why the penalties you face should be reasonable and lenient. For example, maybe this is the first time you've ever been in trouble. Our Student Defense Team at the Lento Law Firm can point to such facts when speaking up for you during investigations and negotiations.
We Defend Students Accused of Hazing Throughout New Jersey
If you've been accused of hazing at any college or university in New Jersey, the Lento Law Firm's Student Defense Team is prepared to take on your case. The following are just a few New Jersey universities whose students we represent:
- Princeton University (Princeton)
- Seton Hall University (South Orange)
- Stevens Institute of Technology (Hoboken)
- New Jersey Institute of Technology (Newark)
- The College of New Jersey (Ewing Township)
- Montclair State University (Montclair)
- Rutgers University (New Brunswick)
- Kean University (Union)
That's not a comprehensive list. Regardless of what university you attend, if you're a student in New Jersey potentially facing disciplinary action due to hazing allegations, our Student Defense Team at the Lento Law Firm can help you protect your rights.
Offering a Proper Defense to Students Accused of Hazing in New Jersey
Don't ignore the issue upon learning you've been accused of hazing. The outcome of a university's investigation can have major implications for your future.
Fighting against such accusations alone may be unwise. Because you've likely never been in this situation before, you may not know how to present a strong case.
That's not something you need to worry about when you hire the Lento Law Firm's Student Defense Team. Our experience and knowledge can play a critical role in how your case proceeds and resolves. Learn more by calling us at 888-535-3686 or contacting us through our online form today.
