HAZING POLICY

INTRODUCTION

Alfred University will not tolerate any form of hazing. Due to the serious nature of hazing and the unique situational pressures to which victims of hazing are subjected, the University has a procedure solely to address allegations of hazing. To the extent they do not conflict with this procedure, the normal rules and procedures of the University shall apply.

Alfred University’s definition of hazing is broader than the New York State Penal Law which defines hazing as follows: "A person is guilty of hazing in the first degree when, in the course of another person’s initiation into or affiliation with any organization, he intentionally or recklessly engages in conduct  which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury." (N.Y. Penal Law, §120.16)

A conviction of this offense carries a potential penalty of a fine of up to $1,000, one year in jail, or both. Hazing in the first degree is a Class A misdemeanor.

Hazing in the second degree (a violation) incorporates a nearly identical definition except that no actual injury to any person needs to be proven (N.Y. Penal Law, §120.17).

Alfred University defines hazing as "any activity expected of someone who is initiating into or affiliated with a group, that humiliates, degrades, abuses, or endangers, regardless of the person's willingness to participate. Furthermore, this definition includes any action which results in the disruption of the educational process, the impairment of academic performance, or failure to properly fulfill obligations to University sponsored groups or organizations." Examples of hazing include, but are not limited to the following: depriving a person of sufficient sleep, paddling or beating a person, requiring or encouraging a person to consume alcohol, drugs or foreign or unusual substances, kidnapping or confining a person, subjecting a person to cruel and unusual psychological conditions.

Any violation or suspected violation of the University's Hazing Policy should be reported immediately to any of the following: the Student Affairs, Athletics or Student Activities Offices. In addition, students may also report incidents of hazing to the Alfred Police Department. Any person who is in violation of this policy may be subject to expulsion from the University. Recognized organizations that are found in violation of this policy may be subject to loss of recognition, distinct and apart from any sanctions to which its members are subject.

AUTHORITY OF UNIVERSITY JUDICIAL BODIES

JURISDICTION

University jurisdiction and discipline under the Alfred University Hazing Policy and Procedures cover the defined conduct whether it occurs on or off University premises.

Where the University Hazing Policy has been violated, a student or organization may be in violation of civil or criminal law as well. Where University and civil law overlap, or where criminal prosecution is pending or foreseen, the University may initiate judicial action of its own on the same infraction and impose penalties independent of civil and/or criminal authorities.

REPORTING PROCEDURES

Accounts of hazing can be submitted by any of the following:

• By the individual who believes s/he has experienced hazing;
• By a member of the University Residence Life staff, public safety office, Alfred Police Department; or
• By any other individual who has knowledge of hazing.

Reports of alleged violations must be prepared in writing and submitted to any of the following: the Student Affairs, Athletics or Student Activities Offices. In addition, incidents of hazing may also be reported to the Alfred Police Department. An incident should be reported within 48 hours, although reports may be accepted at any time. People are encouraged to report incidents as soon after their occurrence as possible, as the passage of time will impede efforts to investigate allegations and gather evidence.

The dean of students or designee shall review all reports in consultation with staff and determine whether charges will be issued. If it is determined that the student or organization will be charged, the dean of students will refer the case to the hearing board for hazing violations.

INTERIM SANCTIONS

The president, dean of students, or designee, may impose Interim Sanctions, up to and including an interim suspension, immediately upon notice of a charge of violation of the Hazing Policy, where this individual in good faith believes that such Interim Sanctions are advisable to protect property or members of the University community or to ensure safety and the maintenance of order on University Premises.

A student or organization shall receive written notice of the Interim Sanctions as well as notice of charges, including date and location of the reported incident(s); the type of hearing that will take place; the date, time and location of the hearing; and the hearing procedures that will be followed. The hearing will take place within ten business days of the imposition of the Interim Sanctions to review the conduct on which the Interim Sanctions are based.

The University may notify parent(s) or legal guardians of dependent students or students under 18 years of age of the Interim Sanctions and, when applicable, of an alternative housing arrangement.

HEARING BOARD FOR HAZING VIOLATIONS

Notice to Individual(s)

The student will receive written notice of the charges, including date and location of the reported incident(s); the type of hearing that will take place; the date, time and location of the hearing; and the hearing procedures that will be followed. This notification must be personally delivered at least 24 hours prior to, or placed in the student's on-campus mail box a minimum of three days prior to the scheduled hearing. The student charged may waive the right to this notice.

Notice to Organization(s)

The organization will receive written notice of the charges, including date and location of the reported incident(s); the type of hearing that will take place; the date, time and location of the hearing; and the hearing procedure that will be followed. This notification will be mailed to the address of the organization's president a minimum of seven (7) business days prior to the scheduled hearing. The president, acting on behalf of his/her organization, may waive the right to this notice. Notice upon any member of the organization is notice to the entire organization.

All notices shall be sent to the president of the organization and may be sent to any other individual(s) involved in the alleged incident.

FAILURE TO APPEAR

Failure to appear at the designated time, or failure to reschedule with the dean of students’ office, will result in a decision being rendered and an appropriate sanction being assessed based on the available information. A hearing may be postponed upon written request to, and at the discretion of, the dean of students’ office.

GENERAL MATTERS

The student or organizational representative may have present at the hearing an advisor of choice; advisors are not permitted to participate directly in any hearing. A student may not be accompanied by legal counsel (whether a practicing attorney or not) unless criminal charges are pending or foreseeable, in which case an attorney may accompany the student as an advisor for the sole purpose of counseling the student during the hearing. Parents and/or legal guardians are not permitted to be present in hearings.

A transcript will not be made of the proceedings; however, notes may be taken by the participants in the hearing solely for personal use.

The hearing board will accommodate any concerns for personal safety or well-being during the hearing by providing separate facilities or permitting participation by phone, videotape, written statement, or other means, where and as determined by the hearing board to be appropriate.

HEARING BOARD

Cases of alleged hazing are adjudicated by a hearing board for hazing violations composed of three members of the University President¹ ’ s Cabinet, not to include the president of the University. One member of the hearing board shall serve as chairperson. Decisions of the hearing board are determined by majority vote. The University judicial coordinator, or designee, will serve as the judicial administrator to present the case and oversee the hearing process. The student or organization is responsible for presenting the case. The student or organization and the judicial administrator have the right to present witnesses. The student, organization president (or designee), the judicial administrator, and any witnesses shall be subject to questions from the Hearing Board.

STANDARD OF PROOF

The standard of proof is the preponderance of the evidence.

INTRODUCTION

Alfred University will not tolerate any form of hazing. Due to the serious nature of hazing and the unique situational pressures to which victims of hazing are subjected, the University has a procedure solely to address allegations of hazing. To the extent they do not conflict with this procedure, the normal rules and procedures of the University shall apply.

Alfred University’s definition of hazing is broader than the New York State Penal Law which defines Hazing in the first degree as: "… when, in the course of another person’s initiation into or affiliation with any organization, he intentionally or recklessly engages in conduct  which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury." (N.Y. Penal Law, §120.16).   Hazing in the first degree is a Class A misdemeanor and conviction carries a potential penalty of a fine of up to $1,000, one year in jail.

Hazing in the second degree (a violation) incorporates a nearly identical definition except that no actual injury to any person needs to be proven (N.Y. Penal Law, §120.17).

Alfred University defines hazing as "any activity expected of someone who is initiating into or affiliated with a group, that humiliates, degrades, abuses, or endangers, regardless of the person's willingness to participate. Furthermore, this definition includes any action which results in the disruption of the educational process, the impairment of academic performance, or failure to properly fulfill obligations to University sponsored groups or organizations." Examples of hazing include, but are not limited to the following: depriving a person of sufficient sleep, paddling or beating a person, requiring or encouraging a person to consume alcohol, drugs or foreign or unusual substances, kidnapping or confining a person, subjecting a person to cruel and unusual psychological conditions.

Any violation or suspected violation of the University's Hazing Policy should be reported immediately to any of the following: the Student Affairs, Athletics or Student Activities Offices. In addition, students may also report incidents of hazing to the Alfred Police Department. Any person who is in violation of this policy may be subject to expulsion from the University. Recognized organizations that are found in violation of this policy may be subject to loss of recognition, distinct and apart from any sanctions to which its members are subject.

AUTHORITY OF UNIVERSITY JUDICIAL BODIES

JURISDICTION

University jurisdiction and discipline under the Alfred University Hazing Policy and Procedures cover the defined conduct whether it occurs on or off University premises.

Where the University Hazing Policy has been violated, a student or organization may be in violation of civil or criminal law as well. Where University and civil law overlap, or where criminal prosecution is pending or foreseen, the University may initiate judicial action of its own on the same infraction and impose penalties independent of civil and/or criminal authorities.

REPORTING PROCEDURES

Accounts of hazing can be submitted by any of the following:

• By the individual who believes s/he has experienced hazing;
• By a member of the University Residence Life staff, public safety office, Alfred Police Department; or
• By any other individual who has knowledge of hazing.

Reports of alleged violations must be prepared in writing and submitted to any of the following: the Student Affairs, Athletics or Student Activities Offices. In addition, incidents of hazing may also be reported to the Alfred Police Department. An incident should be reported within 48 hours, although reports may be accepted at any time. People are encouraged to report incidents as soon after their occurrence as possible, as the passage of time will impede efforts to investigate allegations and gather evidence.

The dean of students or designee shall review all reports in consultation with staff and determine whether charges will be issued. If it is determined that the student or organization will be charged, the dean of students will refer the case to the hearing board for hazing violations.

INTERIM SANCTIONS

The president, dean of students, or designee, may impose Interim Sanctions, up to and including an interim suspension, immediately upon notice of a charge of violation of the Hazing Policy, where this individual in good faith believes that such Interim Sanctions are advisable to protect property or members of the University community or to ensure safety and the maintenance of order on University Premises.

A student or organization shall receive written notice of the Interim Sanctions as well as notice of charges, including date and location of the reported incident(s); the type of hearing that will take place; the date, time and location of the hearing; and the hearing procedures that will be followed. The hearing will take place within ten business days of the imposition of the Interim Sanctions to review the conduct on which the Interim Sanctions are based.

The University may notify parent(s) or legal guardians of dependent students or students under 18 years of age of the Interim Sanctions and, when applicable, of an alternative housing arrangement.

HEARING BOARD FOR HAZING VIOLATIONS

Notice to Individual(s)

The student will receive written notice of the charges, including date and location of the reported incident(s); the type of hearing that will take place; the date, time and location of the hearing; and the hearing procedures that will be followed. This notification must be personally delivered at least 24 hours prior to, or placed in the student's on-campus mail box a minimum of three days prior to the scheduled hearing. The student charged may waive the right to this notice.

Notice to Organization(s)

The organization will receive written notice of the charges, including date and location of the reported incident(s); the type of hearing that will take place; the date, time and location of the hearing; and the hearing procedure that will be followed. This notification will be mailed to the address of the organization's president a minimum of seven (7) business days prior to the scheduled hearing. The president, acting on behalf of his/her organization, may waive the right to this notice. Notice upon any member of the organization is notice to the entire organization.

All notices shall be sent to the president of the organization and may be sent to any other individual(s) involved in the alleged incident.

FAILURE TO APPEAR

Failure to appear at the designated time, or failure to reschedule with the dean of students’ office, will result in a decision being rendered and an appropriate sanction being assessed based on the available information. A hearing may be postponed upon written request to, and at the discretion of, the dean of students’ office.

GENERAL MATTERS

The student or organizational representative may have present at the hearing an advisor of choice; advisors are not permitted to participate directly in any hearing. A student may not be accompanied by legal counsel (whether a practicing attorney or not) unless criminal charges are pending or foreseeable, in which case an attorney may accompany the student as an advisor for the sole purpose of counseling the student during the hearing. Parents and/or legal guardians are not permitted to be present in hearings.

A transcript will not be made of the proceedings; however, notes may be taken by the participants in the hearing solely for personal use.

The hearing board will accommodate any concerns for personal safety or well-being during the hearing by providing separate facilities or permitting participation by phone, videotape, written statement, or other means, where and as determined by the hearing board to be appropriate.

HEARING BOARD

Cases of alleged hazing are adjudicated by a hearing board for hazing violations composed of three members of the University President’s Cabinet, not to include the president of the University. The board is chaired by a staff member from the division of student affairs, who serves as a non-voting member. Decisions of the hearing board are determined by majority vote. The University judicial coordinator, or designee, will serve as the judicial administrator who presents the case to the hearing board on behalf of the University. The student or organization is responsible for presenting a case on its own behalf. The student or organization and the judicial administrator have the right to present witnesses. The student, organization president (or designee), the judicial administrator, and any witnesses shall be subject to questions from the Hearing Board.

STANDARD OF PROOF

The standard of proof is the preponderance of the evidence.

SANCTIONS  

Following the hearing, the student or organization will be notified in writing that based on the information presented, either:

Violations of the Hazing Policy have been found; or

The charges have been dropped.

This notification shall be mailed to the student or organization's local address within seven days of the hearing date. If the Hearing Board determines that an individual is in violation, a copy of this letter will be kept in the student's judicial file in the Office of the Judicial Coordinator. If the Hearing Board determines that an organization is in violation, a copy of this letter will be kept in the organization¹s file in the Office of Student Activities.

Upon a finding of in violation, the Hearing Board has the authority to impose the full range of sanctions, including expulsion from the University or withdrawal of recognition.

APPEALS

Appeals must be submitted in writing to the president of the University, or designee, within seven business days of written notification of the hearing results. An appeal must set forth the grounds for appeal as well as any supporting material. The imposition of sanctions will remain in effect during the period of the appeal proceedings.

An appeal must be based on the student's or organization's ability to demonstrate that:

• The hearing was not consistent with the established judicial procedure;
• Information is available that was unavailable at the time of the hearing, and the new information is relevant to the Hearing Board's determination; or
• The sanction(s) is inappropriate for the violation(s).
• A final decision on the appeal rendered by the president of the University, or designee, will be mailed to the student's or organizations local address within seven business days of receipt of the appeal.

The outcome may be:

• Uphold original decision and sanctions;
• Uphold original decision and alter sanctions; or
• Refer the case back to the Hearing Board for rehearing or review.
• When the appeal is based on inappropriate sanctions, the president may reduce but not increase the sanctions imposed. Review may not result in more severe sanctions.

The outcome of the appeal is final.

AVAILABILITY OF RECORDS

Incident reports, student judicial files, judicial proceedings and outcomes may constitute educational records under the Family Educational Rights and Privacy Act and may be subject to its release and confidentiality provisions, as described in the Alfred University Student Judicial System.

Reviewed July 2007