What To Do If You’re Accused of Hazing – Sororities

Sororities are social organizations on college campuses and universities whose primary goal is to foster sisterhood, friendship, community, and a sense of belonging. Sororities are built on shared values, traditions, and a strong support network aimed at becoming a central part of the overall college experience.

Each sorority has its own unique identity, but they all share common goals of promoting personal growth, leadership, academic excellence, and community service. This makes them not just social groups but organizations that can contribute to the holistic development of their members.

The appeal of joining a sorority often lies in the lifelong friendships, networking opportunities, and sense of community they offer. For many students, sororities provide a home away from home where they can connect with others who have similar interests and aspirations. Being part of a sorority can enhance a member's social life; it can also offer mentorship from older members and can create a support system that can help members navigate the challenges of college life. Ideally, life within a sorority should be enriching, positive, and empowering. Through shared experiences, traditions, and a commitment to each other's well-being, sorority life can be a platform for building confidence, creating cherished memories, and preparing for future career and personal success.

Before joining a sorority, there's usually a recruitment process that typically begins with “rushing,” where a potential new member has the opportunity to meet members of various sororities and learn about their values, activities, and goals. Rushing should be an exciting time filled with social events, including mixers and information sessions designed to help both the sororities as well as the potential new members find a good fit, while at the same time, it helps to make connections and discover which sorority aligns best with one's personality and aspirations.

Once a potential member receives a bid or an invitation to join from a sorority, the next phase is "pledging." During the pledging period, new members, or "pledges," learn more about the sorority's history, values, and traditions. This is a time of bonding and orientation, where pledges begin to form close relationships with other new members and the existing sisters. The process culminates in an "initiation" ceremony, where pledges officially become members of the sorority, marking a significant and memorable moment in their journey. This ceremony is often filled with traditions and rituals that have been passed down through generations, symbolizing the bond and lifelong sisterhood that sororities are known for.

However, while sororities can provide a supportive and enriching environment, it's also important that we acknowledge that not everything about sorority life is as perfect as it may seem. Despite the many positive aspects, there is a darker side that many new members may face during the recruitment process, known as hazing. Hazing is a practice that involves requiring new members to engage in activities that could end up being humiliating, dangerous, or degrading as a way of proving their commitment to the sorority or as a means of "bonding."

Hazing can range from seemingly harmless pranks to more severe and potentially life-threatening rituals. It often includes acts of physical exertion, sleep deprivation, forced consumption of alcohol or food, or tasks that are designed to demean or intimidate pledges. These activities could pose not only serious risks to the health and well-being of individuals but could also lead to long-lasting psychological trauma. The pressure to participate, fear of exclusion, and desire to belong can make it difficult for those involved. Hazing is not only harmful but also illegal in many jurisdictions.

If you find yourself involved in a hazing case, whether as the accused, a bystander, or a member of the group, it's crucial to seek out the right legal advice immediately. Hazing incidents can have serious consequences, regardless of your role. Call the Lento Law Firm today at 888-535-3686 or fill out our online form to schedule a consultation with our team.

What is Hazing?

Hazing is generally defined as an initiation activity expected of someone joining or participating in certain social groups, such as fraternities, sororities, sports teams, clubs, law enforcement, prisons, and even workplace environments or in certain units within the military. These rituals are often characterized by having the participants engage in degrading, humiliating, or even dangerous tasks, activities, and/or behavior, regardless of their willingness to participate. Legal definitions can vary from state to state, but several core elements are common across many jurisdictions:

  • Physical Hazing: Any activity that can cause physical harm or discomfort to the individual. This can include forced consumption of alcohol or food, physical exertion beyond one's capacity, or exposure to extreme weather conditions.
  • Psychological Hazing: Actions that can cause emotional distress or mental anguish, such as verbal abuse, intimidation, threats, or being subjected to degrading or humiliating tasks.
  • Forced Activities: Activities that force individuals to perform actions against their will, even if they initially consent. The law often considers consent irrelevant in cases of hazing, as peer pressure and the power dynamics in sorority settings can make true consent impossible.
  • Coerced Participation: Any act that an individual must perform as part of initiation or membership requirements, especially those that put them at risk of harm, is considered hazing.

For example, under the Clery Act, colleges and universities in the U.S. are required to report instances of hazing that occur on their campuses. In many states, hazing is classified as a criminal offense, with potential penalties ranging from fines to imprisonment, particularly if it results in injury or death. Anti-hazing laws often emphasize that any activity that creates a risk of injury or violates a person's dignity can fall under the legal definition of hazing, regardless of the intent or traditions behind it.

Other examples of legal definitions of hazing:

California (California Legislative Information): Under California law, hazing is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization 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, university, or other educational institution in California. This definition also states that the consent of the victim is not a defense.

Florida (Chad Meredith Act): In Florida, hazing is defined as any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. This includes but is not limited to pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student.

Virginia (Code of Virginia): Under Virginia law, hazing is defined as any intentional, knowing, or reckless act occurring on or off the campus of an educational institution by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include students at an educational institution.

These legal definitions are based on state laws and vary slightly, but they all emphasize the dangers of hazing and its potential to cause harm. In most states, hazing is a criminal offense, and educational institutions are required to take steps to prevent and report incidents.

Now that we understand how hazing is defined in several jurisdictions, here are some examples of hazing in sororities:

  • Norwich University (2022) in Northfield, Vermont: In 2022, allegations of waterboarding and branding surfaced in a private senior military college in Northfield, Vermont, after a 22-year-old student, part of the women's rugby team was found intoxicated and with indications of “branding.” Local law enforcement uncovered a video implicating three women in the waterboarding incident.
  • Bowling Green State University (2020) in Ohio: As a result of a hazing incident that included forced alcohol consumption as well as cannabis, the Sigma Gamm Rho sorority at Bowling Green was permanently banned. The incidents also involved students who were coerced to steal and commit acts of physical violence. Bowling Green State University is a public research university.
  • Illinois State University (2022) in Normal, Illinois: In May 2022, the Lambda Epsilon chapter of the umbrella sorority Zeta Phi Beta was suspended after several members came forward with accusations of underground hazing rituals where physical abuse, among others, had allegedly occurred.
  • University of California, Berkeley (2012) in California: A lawsuit was filed in 2012 against the Zeta Phi Beta Sorority for alleged hazing incidents which led to the victim suffering physical injuries during the rituals

Hazing accusations often include not only violations of a school's code of conduct but also state criminal statutes. However, even if you have a local criminal attorney, they might be reluctant to get involved with the school's internal disciplinary process, as this area is often beyond their usual expertise and experience. School investigations operate under administrative rules and educational laws, which are quite different from the criminal legal system, requiring a distinct approach. Even in cases where your criminal attorney agrees to represent you in the school's proceedings, it may not be the most beneficial option for you, as they might lack familiarity with the specific nuances, procedures, and lower standards of evidence that educational institutions typically employ in such cases.

That's where the Lento Law Firm's Student Defense Team comes in. As education attorneys, we will help you navigate the complexities of school investigations and disciplinary hearings. We understand how to handle the unique challenges posed by hazing allegations within a school setting and can provide you with the targeted representation you need. The Lento Law Firm's Student Defense Team will fight to ensure that your rights are protected and that you receive fair treatment throughout the process, giving you the best chance for a favorable outcome.

Hazing in sororities often differs from hazing in other settings due to the unique social dynamics, traditions, and expectations within these organizations. Unlike hazing in athletic teams or other clubs for example, sorority hazing may involve rituals or activities that are disguised as bonding exercises or sisterhood traditions, making it more difficult to identify or challenge. However, schools and universities have become increasingly vigilant in addressing hazing within sororities, recognizing the severe risks it poses to student safety and well-being.

When hazing incidents are reported or suspected, the school's code of conduct is typically the first line of regulation. Colleges and universities have strict anti-hazing policies in place that outline prohibited behaviors and the potential consequences of violations. These institutions often conduct their investigations into hazing allegations, which may include interviewing witnesses, reviewing evidence, and evaluating the behavior in question. The adjudication process, however, differs significantly from the criminal justice system. In these school-led investigations, the standard of evidence is much lower, often based on a "preponderance of evidence," meaning that if it's more likely than not that hazing occurred, a student or sorority can be found responsible.

As a result, the risks involved in these cases are substantial, as findings of hazing can lead to severe consequences, including suspension or expulsion of individuals, disbandment of the sorority, or loss of housing privileges. Importantly, the burden of proof is minimal, and decisions can be made without the rigorous evidentiary standards found in a court of law. This means that even an unproven or weak allegation can result in life-altering outcomes for those accused of being involved.

This is where our legal services become essential, as we offer guidance, representation, and advocacy throughout the investigation and adjudication process, ensuring that your rights are protected and that you receive fair treatment. We can help you navigate the complexities of school regulations, present a strong defense, and work to achieve the best possible outcome in these challenging situations.

Schools have certain codes of conduct to combat and prevent hazing because they take it extremely seriously. They usually respond to hazing occurrences as follows:

Regulations

Normally, schools have detailed policies as part of their student handbooks, which provide a clear definition of what they consider hazing as well as an outline of prohibited-related behaviors. On top of the clear definition of what constitutes hazing and specific examples of what behaviors are not allowed, these handbooks also contained detailed reporting procedures or instructions on how students can report incidents of hazing, usually in a confidential manner.

Investigation

After the school gains knowledge of a hazing incident, often after being reported by other students, a structured investigation process is followed to look into the allegations.

In the initial assessment phase, which takes place when a hazing report is first submitted, the school administration begins by conducting a preliminary review to assess the validity and seriousness of the allegations. During this stage, they examine the basic facts and details provided in the report to determine whether the claims are credible and if there is enough evidence to justify moving forward with a more in-depth investigation.

Proper legal advice can be critical for any student who is either being accused of hazing or fears they may be accused, especially during the initial assessment phase of the school's investigation process. It is at this stage that the school administration decides whether the report warrants a full investigation, and how a student responds to inquiries can have a significant impact on the outcome. The Lento Law Firm's Student Defense Team can help and guide you through this process, ensuring you understand your rights and the implications of any statements made. This guidance is crucial because even seemingly innocent comments or actions can be misinterpreted, potentially leading to a full investigation. We can help craft a response that protects your interests, preventing misunderstandings or misrepresentations that could be detrimental.

If the school chooses to continue, a formal investigation begins at this point. For this phase to take place, the school needs to conclude that the information contained in the report merits further examination, initiating a comprehensive, formal investigation. This process can be quite extensive and often involves interviewing witnesses, speaking with individuals who may have direct knowledge of the incident, collecting physical or digital evidence, and carefully reviewing any relevant documentation, such as messages, emails, or video footage, that may support or refute the claims.

When a formal investigation is launched, legal advice becomes even more essential. This stage involves gathering evidence, interviewing witnesses, sometimes for a second time, and reviewing documentation, and it's easy for a student to become overwhelmed by the process. The Lento Law Firm Student Defense Team can provide invaluable assistance by advising you on how to handle questioning, ensuring that your rights are not violated, and helping you navigate the complex procedures involved. We can also assist in collecting and presenting exculpatory evidence, which might otherwise be overlooked, and in challenging any evidence that is improperly obtained or used against you.

Confidentiality is very important and crucial during the reporting of the incident and throughout the entire investigative process which means that the schools will make significant efforts to maintain the confidentiality of all individuals involved, including the alleged victim, the accused, and any witnesses. This commitment to confidentiality is crucial for preventing any potential retaliation, protecting the privacy of those involved, and ensuring that the investigation is conducted in a fair, unbiased, and respectful manner.

However, although the school promises confidentiality, this doesn't always guarantee complete protection, and students may still face reputational damage or emotional distress. Having proper legal representation ensures that your interests are safeguarded, that any breach of confidentiality is addressed, and that all interactions with the school are handled in a manner that minimizes potential harm. Ultimately, legal advice serves as a shield, providing students with the knowledge and support needed to navigate this stressful process while protecting their academic future, reputation, and well-being. This assistance can be the difference between a fair investigation and one that unfairly impacts a student's life and education.

Adjudication

After completing the investigation, the school usually takes the following steps to adjudicate the case:

  • The school, or more specifically, its disciplinary committee (or designated school officials), reviews the findings from the investigation.
  • In some cases, a hearing is held where the accused can present their side of the story.
  • After all the evidence is taken into consideration, as well as the testimonies in cases where hearings are held, a decision is reached.

Punishment

After the decision is reached, if a student or group is found guilty of hazing, the school imposes appropriate sanctions, including disciplinary actions, which, depending on the severity, can range anywhere from warnings and probation to suspensions or expulsion, suspension being the absolute minimum if found guilty. Additionally, educational programs can be imposed on offenders, including some, to foster understanding and awareness of the negative consequences of hazing. Lastly, in some cases, schools may resort to restorative justice, seeking to repair the harm caused by the offender.

Legal advice is crucial in exploring potential ways to mitigate or minimize these impacts, whether it involves negotiating with the school for a less severe sanction, expunging the disciplinary record, or seeking remedies outside of the school setting. In cases where the punishment seems unjust or where the student's rights were violated, an attorney can also explore the possibility of pursuing other legal actions. Also, keep in mind that the school is likely to expedite the adjudication process in hazing cases, often rushing through the proceedings to demonstrate a swift response to such serious allegations. Overall, proper legal representation ensures that the student's rights and future opportunities are protected, even after the initial decision has been made.

The importance of having the appropriate legal defense does not end once a decision has been reached and the school's disciplinary committee has imposed punishment. Having legal counsel is even more critical at this point. The right education attorney can help you evaluate the fairness and appropriateness of the disciplinary actions taken, which could include suspensions, expulsions, enrollment in educational programs, or others. The Lento Law Firm Student Defense Team can help you understand your options moving forward, including the possibility of appealing any decision. Many schools have an appeal procedure, which could often be time-sensitive and require a well-crafted argument to point to possible errors that could have been made during the investigation or to present new evidence that could have emerged to fight a disproportionately harsh punishment. We can guide you through this complex process, ensuring a thorough, persuasive, and timely appeal.

The outcome of hazing cases can have long-term consequences on your academic record, career opportunities, and reputation that could follow you even after college. You don't have to go through this fight alone. Call the Lento Law Firm today at 888-535-3686 or fill out our online form to schedule a consultation.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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