South Dakota may be one of the smaller states by population, but it's home to more than a dozen institutions of higher learning. Two of its largest schools are South Dakota State University and the University of South Dakota, both of which boast many social and athletic organizations. For example, at the University of South Dakota, there are 11 sororities and fraternities, along with 16 Division I athletic teams. South Dakota State University has even more, with 13 fraternities and sororities and 17 Division I athletic teams.
These are the most well-known student organizations, but many others provide an added source of student enrichment. Unfortunately, to join these groups, some students may be forced to undergo secretive or unusual initiation activities that can result in physical and emotional harm.
Generally speaking, South Dakota colleges and universities, such as Augusta University, prohibit student hazing. However, schools may differ in exactly how they define hazing. Then, there's the blurred line between what constitutes permitted and prohibited behavior. This can sometimes make it challenging to defend against hazing accusations. This is why it's imperative that you contact the Student Defense Team at the Lento Law Firm the moment you think your school is accusing you of hazing. You can set up a consultation by calling 888-535-3686 or using our online contact form.
South Dakota Is Unique When it Comes to Hazing
There are only a handful of states that don't criminalize hazing, and South Dakota is one of them. However, this doesn't mean it's okay to haze at Black Hills State University or Dakota Wesleyan University, as these schools (along with others in the state) have specific policies that prohibit hazing. And while each school has its own way of defining hazing, they mostly share several similarities.
How South Dakota Schools Define Hazing
There isn't a universal definition that all South Dakota colleges use for hazing, but most schools have similar definitions. Hazing is usually defined as behavior that, as a requirement to join or remain a part of an organization, is likely to cause physical or psychological harm to an individual. Consent isn't a defense to hazing.
In addition to the harm requirement, some schools will add property damage or removal, violation of any other school policy, and excessive alcohol consumption to types of hazing behaviors. San Diego State University is one such institution with this expanded definition of hazing.
An Overview of the Disciplinary Process for an SD Student Accused of Hazing
Each school has its own process and method for determining if a student is responsible for hazing. That being said, most schools will have the same general elements as a disciplinary proceeding.
For example, students will usually have the right receive notice of the accusations and present evidence in their defense at a hearing. Students will also usually have the right to appeal a decision that finds them to have violated the student code of conduct. The following is an overview of the student disciplinary process at the University of South Dakota.
The Complaint
Before the disciplinary process can begin, someone must report the alleged hazing. Anyone can submit this complaint, which is sent to the Student Conduct Officer of the Office of the Dean of Students.
The Initial Determination and Preliminary Investigation
The Student Conduct Officer makes an initial determination by assuming that the allegations included in the complaint are true. Then, with this assumption, the Student Conduct Officer decides if the allegations constitute a violation of the Student Code. If they do not, then the Student Conduct Officer notifies the person who submitted the complaint of this conclusion.
If the allegations (taken as true) do violate the Student Code, then the Student Conduct Officer conducts a preliminary investigation to decide if the allegations are credible. This preliminary investigation may include the review of documents and interviewing one or more individuals with knowledge of the hazing incident.
If the preliminary investigation confirms the allegations as credible, then a formal investigation begins. At this time, the Student Conduct Officer will send written notice to the accused about the allegations (a similar notice will be sent to the person who filed the complaint). This notice must include the following information:
- The conduct that allegedly violated the Student Code.
- The time and place of the alleged wrongdoing.
- Specific Student Code provisions that the accused students allegedly violated.
- The name of the person who submitted the complaint.
- A proposed date for the accused student to meet with the Student Conduct Officer to give their side of the story.
- Explanation of the right to have an advisor to assist during the disciplinary process.
- Outline of both the formal and informal procedures for resolving the disciplinary process.
- A time and date for a Student Conduct Panel hearing. This date must be at least ten days (but no more than 20 days) after the accused receives notice of the allegations. The accused student may choose to have the hearing sooner, and the Student Conduct Officer has the discretion to delay the date of the Student Conduct Panel hearing.
The Formal Investigation
The Student Conduct Officer will conduct the investigation, which may include interviewing individuals with knowledge about the hazing, as well as one or more hearings to obtain more information as to what happened. In either situation, the person accused of hazing will receive written notice before either occurs.
After the investigation is complete, the Student Conduct Officer will review its findings and decide if, by a preponderance of the evidence, a Student Code violation occurred. If they conclude there was no violation, then they will cancel the Student Conduct Panel hearing.
If the Student Conduct Officer concludes that a Student Code violation occurred, then the Student Conduct Panel hearing will take place. Until it does, interim measures may be imposed on the accused student by the Senior Student Affairs Officer.
The purpose of these measures is to protect both the accused student and the alleged victim, with the exact measures depending on the facts of the case. Possible interim measures include:
- No-contact orders.
- Change of dorm assignments (or suspension of student residence privileges).
- Temporary suspension from the school.
- Restricted access to classes and any other academic or recreational school activities.
If interim measures are issued against the accused student, they will receive written notice of this determination. They may appeal the interim measures by submitting a written request to the Senior Student Affairs Officer.
Informal Resolution
In an attempt to informally resolve the allegations, the Student Conduct Officer has the option of having separate meetings with the alleged victim and the accused student to see if an informal settlement is possible. The Student Conduct Officer must approve any agreement between the parties.
Any agreement may include the accused student admitting to the accusation and accepting any proposed punishments. A partial informal resolution can occur if the accused student admits to the misconduct but disagrees with the proposed punishment. In this case, the question of what the student's punishment should be will go before the Student Conduct Panel.
Formal Resolution
The formal resolution process consists of a hearing before the Student Conduct Panel. Before the hearing, both parties will receive notice of the individuals making up the Student Conduct Panel. Any objections as to who is on the panel must be made within 24 hours of receiving notice of the panel's makeup.
The hearing itself will be private, although an audio recording will be made of the proceeding. In addition to the Student Conduct Panel, only the accused student and the alleged victim may be present during the entirety of the hearing. Any witnesses will only be present while giving testimony. The senior member of the Student Conduct Panel (the Chair) shall have sole and final authority over the admission of evidence.
The accused student can choose not to attend this hearing, but the student can't have their advisor attend instead. This is because the advisor may not participate directly in the hearing.
Both the accused student and the alleged victim will have an opportunity to present evidence and witnesses at the hearing. If the accused student wishes to question the witnesses, they must provide written questions to the Chair, who will ask the witness the questions. The accused student has the right to refuse to answer questions from the Student Conduct Panel.
After the presentation of evidence, the Student Conduct Panel will decide by a preponderance of the evidence and a majority vote if the accused student violated the Student Code. If they conclude there was a violation, the panel must provide written findings to support this conclusion.
This conclusion then gets sent to the Chair, who has the final say as to whether to accept or reject the findings (in whole or in part). The Chair also decides what the sanctions may be, as well as when they go into effect. The Chair's decision, along with an explanation of appeal rights, will be sent to the accused student.
The Appeals Process
The Chair's decision may be appealed, but any appeal will be limited to arguments that the:
- The hearing was so unfair that it materially affected the final decision.
- The Chair reached an incorrect conclusion when considering the facts presented.
- The punishments imposed were not appropriate for the Student Code violation.
- There's newly discovered evidence that wasn't available at the time of the hearing. However, if it had been available and presented during the hearing, it could have had a material effect on the outcome.
The Appellate Board will review the appeal and then submit a recommendation to the Senior Student Affairs Officer. The Senior Student Affairs Officer will decide the appeal. After making this decision, if the accused student still disagrees with it, they may submit another appeal within five days to the school President.
A third appeal is possible if the accused student disagrees with the school President. This appeal must be sent to the Executive Director of the Board of Regents within 30 days after receiving notice of the President's decision.
Punishments for Hazing in South Dakota
Schools have wide latitude in what sanctions they may impose on a student found responsible for hazing. Seemingly harsh sanctions are a possibility because schools don't want to be seen as not taking hazing seriously. Potential sections include the following:
- A written warning
- Probation
- Loss of one or more student privileges
- Monetary fines
- Restitution
- Educational sanctions (includes things like writing an essay or completing community service)
- A temporary bar on living at the school's residential facilities
- A permanent bar from living at the school's residential facilities
- Suspension from the school
- Expulsion from the school
- Withholding a degree previously earned until the student completes any punishments imposed by the disciplinary process.
The Importance of Taking Hazing Accusations Seriously
If you've been accused of hazing, it might be tempting to dismiss these accusations if no one was hurt. Yet severe punishments are still possible, especially if your school wants to make an example of you.
You might also feel like you should handle the student disciplinary process yourself, as “the truth always prevails,” and things will “work out.” But you need to be careful with these assumptions, as the disciplinary process isn't always as fair as it could be. School officials can be under pressure from parents, donors, the general public, or higher-ups at the school to reach a particular outcome in the investigation and hearing.
Because of the unique nature of the college disciplinary process, you want the help of someone who has experience handling these types of cases. It might be tempting to hire a criminal attorney, but the criminal process is very different than any South Dakota student disciplinary proceeding.
South Dakota Hazing Charges Require Legal Help
If you find yourself in trouble with your college or university in South Dakota for alleged hazing, contact the Student Defense Team of the Lento Law Firm. This academic disciplinary process could have a significant impact on your future education and career. Our attorneys have years of experience handling these types of cases and can help you navigate this uncertain time to obtain the best possible outcome. You can reach us through our online contact form or by calling 888-535-3686.
