With hazing on the rise in colleges and universities nationwide, schools and local prosecutors are taking a renewed approach toward addressing accusations swiftly and harshly. The University of Pittsburgh (Pitt) is no different, as its campus authorities can levy emergency suspensions and carry out intrusive investigations into students' lives. Afterward, law enforcement will conduct a full inquiry with the potential for steep fines and time behind bars.
Pitt students can inadvertently become involved in hazing as they seek to form bonds with friends in college-sponsored groups. However, university and county authorities don't accept naïve mistakes as a defense.
Since even false or unsubstantiated accusations can quickly lead to criminal charges, those accused must retain professional help. The LLF Law Firm is ready to be your trusted ally in building a winning strategy and advocating for fair and impartial procedures. Our Criminal Defense Team will exhaust all means of redress and leverage our experience to ensure students can remain enrolled at Pitt and challenge criminal charges. Call us at 888-535-3686 now or visit our confidential consultation form.
How Does Pennsylvania Define Hazing?
In Pennsylvania, hazing is when a person commits any act "intentionally, knowingly, or recklessly" to initiate or enhance membership in an organization where the act:
- Creates a reasonable likelihood of bodily injury
- Forces, coerces, or encourages another person to break state or federal law
- Causes or attempts to cause physical or emotional harm, such as brutality of a physical, mental, or sexual nature
- Involves consumption of food, liquid, alcoholic beverages, drugs, or any other substances that could reasonably cause bodily harm
A victim's alleged consent is not a valid defense. Even if the individual appears to agree to the activity, those responsible can still face charges. Critically, Pennsylvania enhanced its law by including two additional categories of hazing:
- Aggravated Hazing: Behaviors that demonstrate a reckless indifference to the health and safety of the victim or hazing that results in serious bodily injury or death, especially though the forcible consumption of alcohol or drugs
- Organizational Hazing: Groups that knowingly or recklessly promote or facilitate hazing
Even if an institution or organization sanctioned or approved the conduct, consent is not a defense. While law enforcement often fields complaints alleging student hazing activities, they usually come directly from the school.
How Does Pitt Define Hazing?
Pitt adopts the Commonwealth's definition of hazing, incorporating aggravated and organizational hazing. The school also disciplines indifference or compliance in the presence of hazing. Yet, hazing doesn't incorporate college-sponsored activities like athletic practices, competitions, military exercises, or academic pursuits.
Regardless of whether there has been police action or not, the university may impose interim measures. Some may include accommodations to address issues that impact the student's educational, living, or work environments, such as barring the accused from parts of campus or even resorting to a temporary suspension. Measures are often put in place before the resolution of any complaint, investigation, or criminal proceeding.
When Pitt Students Are Accused or Charged With Hazing
When hazing allegations arise, the process may differ depending on who responds first. Schools have varying combinations of sworn-in campus officers and non-officer peacekeeping staff in their security departments. Often, they work in conjunction with local law enforcement, especially in bigger cities like Pittsburgh.
Pitt's Office of Compliance, Investigations & Ethics (CIE) collaborates with the Pitt Police Department to investigate alleged hazing events. All reports of hazing are referred to CIE for internal investigation, which can occur during a police investigation or after. However, even if insufficient evidence exists to result in a conviction, the school still retains the right to pursue charges.
Criminal Hazing Charges
Students (defendants) facing hazing charges will encounter the Allegheny County court system for arraignment. Normally, courts charge hazing as a summary offense, with a maximum of 90 days in jail and a $300 fine. However, if initial evidence shows a reasonable likelihood of bodily injury—not an actual injury but the potential for it—charges are upgraded to a third-degree misdemeanor, with a maximum sentence of one year in jail and a $2,500 fine.
Aggravated hazing is a third-degree felony, punishable by a maximum of seven years imprisonment and a $15,000 fine. For organizational hazing, student groups are fined no more than $5,000 for each violation and $15,000 for aggravated violations.
Pitt Disciplinary Process
The investigation of hazing allegations involves a prompt inquiry conducted by a CIE investigator. The investigator will interview witnesses and gather relevant evidence. They apply the preponderance of the evidence standard to determine whether hazing occurred, then provide a final report to the Vice Provost for Student Affairs, who will determine sanctions.
Students can accept an informal resolution where the accused (respondent) agrees to take responsibility, but the right to appeal is waived. If students disagree with the school assessment or sanctions, matters are referred to Pitt's Level II Hearing process.
During the hearing, respondents have the opportunity to state their case, offer evidence, and call, question, and cross-examine witnesses. At the conclusion of all testimony, they can also offer a closing statement regarding the imposition of sanctions. After the Conduct Hearing Board (CHB) deliberates privately—also applying the preponderance of evidence standard—it recommends disciplinary measures to the Vice Provost for Student Affairs.
Consequences for Hazing Convictions
Pitt retains the authority to levy a series of punishments for students found responsible for hazing. While formal reprimands are possible, hazing often results in more serious action, such as:
- Probation: a period when the student is subject to conditions for remaining enrolled, such as mandatory counseling, restitution, and privilege restrictions.
- Suspension: a temporary ban from the university and required to reapply for readmission.
- Expulsion: a permanent ban from Pitt, including being trespassed from all university activities, academic or otherwise.
Since hazing typically involves student groups, Pitt can also sanction organizations. It may include banning the group's activity on campus for one or more semesters or acting in any official or unofficial capacity.
On the criminal side, jail time is a real possibility. Not only will it affect remaining enrolled in Pitt, but it will also hinder students in their pursuits after college. When background checks reveal hazing convictions, potential employers may see that it speaks negatively to the individual's character. Moreover, it can be a disqualifying factor when seeking a professional license, acceptance into graduate programs, and gaining security clearance for high-profile jobs.
The consequences of hazing convictions are undoubtedly severe, leaving students feeling the effects for years to come. However, there are means to secure alternative sentencing provisions.
Accelerated Rehabilitative Disposition
Pennsylvania's Accelerated Rehabilitative Disposition (ARD) program allows individuals charged with non-violent summary offenses to avoid formal criminal convictions by completing a series of court-ordered requirements.
If the judge believes it's acceptable to normal criminal penalties, the defendant must comply with certain stipulations. These could include attending counseling, completing community service, or paying fines and restitution. ARD typically lasts for a set period—often between six and 24 months—depending on the charges and the participant's compliance. Records of hazing charges are expunged ten years after successful completion.
Challenging Hazing Charges With the LLF Law Firm
Defending hazing charges can be an overwhelming venture for Pitt students. With the first federal anti-hazing legislation recently enacted, it brings increased risk in defense against criminal hazing charges. Although the future may seem bleak with the potential for criminal convictions and school discipline, there are ways to mitigate punishment.
Attorneys from the LLF Law Firm can approach your defense in several ways, scrutinizing the prosecution at every step. During court trials and school disciplinary proceedings, we can help pinpoint the following:
- Lack of requisite intent or accidental participation
- No true harm or threat associated with the alleged behaviors
- Inconsistent or contradictory witness statements
- Due process concerns from police questions, evidence collections, or procedural errors
By mounting a detailed, evidence-based defense, our attorneys will look to negotiate for reduced charges, alternative sentencing programs, or ultimately achieve a not-guilty verdict. Although an attorney cannot represent a student respondent before the CHB, they are entitled to be their advisor. Therefore, we can accompany students to any school meeting or proceeding and coach them on how to argue their case.
Pitt Students Require the Experience of the LLF Law Firm
Being accused of hazing can significantly disrupt student life and threaten future endeavors. Critically, those facing hazing charges face double punishment but two varying degrees of culpability. Courts convict when evidence is "beyond a reasonable doubt," but school investigations only need to apply the "preponderance of the evidence" standard. This creates a difficult situation for local lawyers who may advertise their courtroom tactics but fail to secure relief from Pitt administrators. With the LLF Law Firm, our attorneys are well-versed in both criminal matters and school discipline.
Criminal consequences and school sanctions directly influence academic goals, employment opportunities, and one's personal reputation. Early intervention by our skilled Criminal Defense Team can help reduce charges sought by local prosecutors, secure alternative sentencing provisions, or achieve outright dismissals. We also negotiate with Pitt authorities, such as its Office of University Counsel, to defend students on campus. To begin your defense, call the LLF Law Firm at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
