College can be a great experience for many students, especially those who choose to live on or near campus so that they can enjoy the educational benefits of enrolling as a student, as well as, the social benefits of living close to other students. Whether you're attending Rutgers, Princeton, Montclair State, Rowan University, Kean University, New Jersey Institute of Technology, Seton Hall University, one of New Jersey's many community colleges, or any of the many other fine colleges and universities located across the state, there is a lot to offer any student who wants to expand both their educational and social horizons.
When, however, social activities include actions that can be construed as hazing, it can be extremely difficult not only for the students who believe they have been hazed but also for the students accused of committing hazing-related crimes. If you are being investigated by law enforcement for hazing or have been charged with a hazing-related offense, you need an experienced attorney who understands the applicable anti-hazing laws and is able to defend you and protect your rights. The Lento Law Firm's Criminal Defense Team is here for you if you've been accused of hazing in New Jersey. Call us at 888.535.3686 or use our contact form to schedule a confidential consultation to learn more about how we can help.
Hazing on New Jersey Campuses
While when you hear the word “hazing” you might automatically think of fraternities and sororities, but hazing isn't limited to these so-called “Greek” societies. It's not unusual for hazing to happen in connection with intercollegiate athletic teams, and it can also occur in other types of campus organizations, such as marching bands, choruses, or dining clubs.
Some years ago, New Jersey took notice of campus hazing. The 2017 death of a New Jersey student named Timothy Piazza while attending college in Pennsylvania, documented in a streaming service series, prompted the state to adopt strict penalties for hazing in a law that was named in his memory.
The federal government has recently enacted a new law that relates to campus hazing. In December of 2024, President Biden signed the Stop Campus Hazing Act into law. While the law doesn't introduce new criminal penalties for hazing, it does expand the scope of prohibited hazing activities on campus. It also requires schools to disclose hazing incidents and to prepare and publish a public “Campus Transparency Hazing Report” on the school's website.
The Stop Campus Hazing Act was the subject of an article in the Daily Business Review, a national legal news publication. The article quotes Joseph Lento of the Lento Law Firm, who points out that along with the new reporting obligations that colleges and universities face comes the possibility that students accused of hazing may face more challenges defending themselves against hazing allegations. In particular, he points out that the new law “impacts how students accused of hazing and similar activities need to be defended in school discipline matters.” This is particularly important when you consider that it's often possible for evidence gathered in an on-campus anti-hazing investigation to be turned over to prosecutors and used to bring criminal charges against the accused student.
New Jersey's Anti-Hazing Law
New Jersey, as noted above, has criminal penalties against hazing. The definition of hazing used in the statute is quite broad and may go beyond some of the “traditional” forms of hazing that you might be used to from TV and films.
There are really two aspects of the crime of hazing. The first is the context in which the hazing occurs. To be considered hazing, the prohibited acts must take place "in connection with the initiation of applicants to or members of a student or fraternal organization, whose membership is primarily students or alumni of the organization or an institution of higher education…." Note that the definition is not limited to fraternities and sororities – it includes any student organization. This means that hazing can take place in the context of a debate society, a club rugby team, an acapella choral group, the French club, or any other kind of campus – or alumni – organization whose members are primarily students or alumni of a college or university.
The second aspect of the crime of hazing are the acts committed during that initiation process. The prohibited acts include:
- Coercing someone to commit an illegal act
- Inducing someone to consume food or drink that subjects them to a risk of physical or emotional harm
- Physical abuse, including “whipping, beating, branding, excessive calisthenics, or exposure to the elements”
- Mental or emotional abuse, including sleep deprivation, social isolation, or doing something that causes “extreme embarrassment”
- Sexual abuse
- Anything else that “creates a reasonable likelihood of bodily injury”
The statute notes that hazing does not include “reasonable and customary athletic, law enforcement, or military training; contests; competitions; or events.” Here too, the context and the purpose of the actions are important. Coercing a prospective member of a campus board gaming group to go on a 20-mile hike might be considered hazing, whereas requiring a student to do so as part of ROTC training might not be.
New Jersey Criminal Penalties for Hazing
Hazing in New Jersey is a disorderly person's offense, except in two situations where it can result in a higher-level conviction.
Where the hazing acts cause bodily injury to the hazed person, it is a crime of the fourth degree. If the hazing act results in the death or serious bodily injury of the hazed person, it is a crime of the third degree.
Third-degree offenses can result in a sentence of up to five years in prison and a fine of up to $15,000. Fourth-degree offenses can land you in jail for up to 18 months and cause you to pay a fine of up to $10,000. These are the equivalent of felonies in other states. Conviction of a disorderly person's offense – similar to a misdemeanor in other states – can result in up to six months in jail and a fine of up to $1000.
Penalties can be imposed not only on the individuals who are directly responsible for hazing but also against their organizations. Under New Jersey's anti-hazing statute, any “student or fraternal organization” that “knowingly or recklessly promotes or facilitates” an act of hazing can face fines of up to $5000 for a first hazing violation and up to $15,000 for each subsequent hazing violation.
Note that any conviction or guilty plea – even to a disorderly person's hazing offense – can haunt you for years afterward. You'll be required to disclose it in instances where you are asked about your criminal background, and it is likely to appear on any criminal background check if you're applying for a position where a background check is needed. It can affect your ability to get a professional license, to be accepted to graduate degree programs, and to receive scholarships and other forms of aid. In short, even if you are facing what appear to be relatively low-level hazing charges, it's important to know your rights and mount a vigorous defense. The Lento Law Firm's Criminal Defense Team knows how important your future is to you, and if you're facing hazing charges in New Jersey, we are here and ready to fight for that future.
Investigating Hazing on New Jersey Campuses
Campus organizations such as fraternities, sororities, athletic teams, and special interest clubs are unlikely to avoid the scrutiny of campus officials when it comes to alleged hazing. Schools across New Jersey have anti-hazing policies and take steps to make sure that all students, including those involved in fraternities and sororities, are aware of those policies.
Most schools maintain special portions of their websites that focus on the school's anti-hazing policy and provide instructions on how to report hazing. Rutgers University, for example, has a Hazing page that is part of the school's Student Conduct website. It includes instructions on how to report hazing, including to the Rutger's University Police Department, and information about New Jersey's anti-hazing law. The page also links to reports on school disciplinary actions taken against hazing.
Montclair University has a similar page, called “Hazing Prevention,” that is part of the “Greek Life” section of its school website. Princeton's Office of the Dean of Undergraduate Students has a webpage with a link to a hazing report form as well as contact information for the school's Dean of Undergraduate Students and its Department of Public Safety.
Because hazing typically violates both school codes of conduct and New Jersey's anti-hazing statute, a student facing a hazing allegation can often look forward to two investigations and two sets of penalties: one from their school and one from local police and prosecutors. Schools regularly suspend or expel students for hazing. (Montclair State's “minimum sanction” for hazing is suspension, for example.) And they can quickly refer hazing cases to local police.
In fact, many New Jersey schools maintain their own police forces that can and will investigate hazing allegations as a criminal matter. Rutgers, New Jersey City University, Stockton University, Rowan University, Montclair State University, and the New Jersey Institute of Technology, for example, all maintain police forces. Other schools that don't have official police forces will still have security personnel with close ties to local law enforcement. When hazing allegations are brought against a student or a student organization, they can be investigated by campus police where the school maintains its own force, or by local police, or sometimes by both.
One thing to keep in mind is that when hazing occurs, it's very likely it will be exposed. Hazing is typically something that happens in groups; it tends to be a social crime. It's rarely a one-on-one type offense. And when you have multiple people involved in an incident, you have multiple chances for the incident to be reported.
The usual hazing scenario involves a group of aspiring members of a student organization who are being hazed by one or more existing members of the organization, with other existing members looking on. This is what makes it dangerous for student members of an organization; even if you weren't directly involved in hazing incoming members, you could still be accused of doing so or of doing nothing to stop the hazing from happening.
When hazing allegations are reported to campus or local police, they are very likely to be investigated. If you're accused of hazing, the police will want to interview you, as well as, any other people who may have been present at the time of the alleged incident. This is when you need an attorney. This is when it's time to politely tell the officer, “I can't answer any questions without an attorney present.” And this is when it's time to contact the Lento Law Firm's Student Defense Team. You have a right to be represented by an attorney; take advantage of that right.
Defending Against New Jersey Criminal Hazing Charges
An allegation is not the same as a conviction. Criminal charges are not the same as a conviction. Prosecutors may bring charges with less than-perfect evidence or based on an incomplete investigation, hoping that nervous students will plead guilty just to make the charges go away. When you work with one of the experienced defense attorneys from the Lento Law Firm's Criminal Defense Team, you'll have someone on your side who knows what prosecutors need in order to prove the charges brought against you. Sometimes our attorneys will conduct their own investigation, to uncover evidence that can be used to defend against the charges – evidence that the police missed or decided wasn't important enough to pursue.
Very often, we negotiate with prosecutors, particularly when their cases are weak. In some cases, the Lento Law Firm is able to convince prosecutors to drop the charges; in other cases, to reduce them. And in those cases where a dismissal or plea bargain isn't possible, our experienced criminal defense attorneys are ready to vigorously defend you against the charges at trial.
The Lento Law Firm's Criminal Defense Team can also:
- Secure the student's prompt release after their arraignment on fair terms so that they can return to school and help with their own defense
- Challenge the evidence that the prosecutor has at the preliminary examination
- Where applicable, make sure the student is aware of opportunities for Pretrial Intervention (PTI) or Pretrial Diversion to avoid the risk of a conviction
- Cross-examine the prosecution's witnesses at trial to call their testimony into question
- Prepare and file post-trial motions and appeals, where necessary, to secure remedies for trial errors or misconduct
There can be a number of possible defenses to a hazing allegation. For example,
- The alleged misconduct was not part of a hazing or initiation rite
- The accused student was not among those participating in the hazing and may have been misidentified
- The alleged misconduct, in fact, did not cause or risk serious mental or physical harm
Other defenses can also apply, depending on the situation.
When you work with one of the experienced attorneys from the Lento Law Firm's Criminal Defense Team, you will benefit from their years of experience defending clients all across New Jersey against a wide range of criminal charges, including hazing.
Defending Against Campus Hazing Charges
Many of the members of the Lento Law Firm's Criminal Defense Team also have experience helping students attending school in New Jersey defend themselves against serious misconduct allegations from their colleges or universities. If you're a student who is facing both a disciplinary investigation from your school and a criminal investigation from local law enforcement, you need an attorney who understands that what is done in one proceeding can affect the other.
For example, admitting to conduct in your school case in order to resolve school disciplinary charges can result in that same admission being used by prosecutors in their case against you. It can be a difficult and delicate balance when you're facing two parallel investigations, which is why you need the help of an attorney who has experience defending students in these kinds of situations.
Our attorneys who defend students in both criminal and school misconduct hazing cases in New Jersey know the criminal procedures as well as the school policies that apply in each proceeding. We will protect your rights from day one in each case and will work doubly hard to be careful that the steps we take to defend you in one case don't end up hurting you in the other case.
Alternative Forms of Relief Against Hazing Charges
Depending on the situation, it may be possible to have a past conviction for hazing expunged from your record. The Lento Law Firm's Criminal Defense Team regularly helps clients who are eligible for expungement in New Jersey secure that relief, which effectively erases the conviction from their records for many purposes. Similarly, if you've been expelled from your college or university for hazing, it may be possible to seek reinstatement. The Lento Law Firm is able to help with these types of requests as well. Contact us to learn how we may be able to help you get back on track!
The Lento Law Firm is Ready to Defend You Against Hazing Charges
If you are facing criminal charges based on allegations that you participated in illegal hazing in connection with a student organization at a New Jersey college or university, the Lento Law Firm's Criminal Defense Team can help. We understand the laws, regulations, and procedures that apply in criminal hazing cases, and we know what it takes to successfully defend against these kinds of charges.
We also know how important your future is to you, particularly at this stage of your life where you are just starting out. We'll fight to protect your rights and to defend you against hazing allegations, to help you reach your goals. And if you are also facing a misconduct investigation or disciplinary proceeding at your school, our attorneys have the experience to defend you there as well.
Don't try defending yourself against criminal hazing charges or against school misconduct proceedings based on hazing allegations! Call the Lento Law Firm today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys. Your future is important to you; let us help you protect it!
