Colleges and universities across the state of Washington all prohibit hazing. They do so for a number of reasons, not the least of which is that they're required by Washington state law to do so. Anti-hazing rules are part of every school's code of conduct (which may go by another name, such as an honor code or student regulations). The result is that hazing can be both a violation of Washington state law and a violation of your school's disciplinary code, and students accused of hazing can find themselves facing strong disciplinary sanctions from their schools.
If you're a student who has been accused of hazing by someone at your Washington state school, you need the help of an experienced student defense attorney to help protect your rights during the school disciplinary process. The Lento Law Firm Student Defense Team is here to help. Our attorneys understand the school disciplinary process and are here to help defend you against misconduct allegations. Call us at 888.535.3686 or use our contact form to schedule a confidential consultation to learn more about how we can help.
How Do Colleges and Universities In Washington Define Hazing?
While each school may define hazing a bit differently in its code of conduct or anti-hazing policy because hazing is prohibited by Washington state law, most schools will base their definition of hazing on that law, and some may expand on it by providing examples of what the school considers to be hazing. The University of Washington, for example, quotes directly from parts of the state law when it defines hazing to mean:
- any act committed as part of a person's recruitment, initiation into, pledging, admission into, or affiliation with a student organization, athletic team, or living group, or any pastime that is likely to cause bodily danger or physical harm or serious psychological or emotional harm, to any student. This includes causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance that subjects the person to risk of such harm, regardless of the person's willingness to participate.
The University of Washington goes on, however, to characterize hazing as “any activity” that includes “one or more” of the following “characteristics”:
- ridiculing or compromising a person's personal values
- an abuse of the trust that an organization “strives to build between its members and prospective members.”
- “stunts” that do not have any “meaningful relationship” to the organization's objectives
- putting individuals in “humiliating or uncomfortable” circumstances or placing them in fear
- illegal activities, or those that violate school policy
- activities that interfere with “academic pursuits” or “normal life functions”
The school goes on to describe categories of hazing: Intimidation hazing, Harassment hazing, and Violent hazing, with each type being more serious than the previous.
Gonzaga University similarly relies on Washington's anti-hazing law as part of its definition of hazing. It also provides examples of actions, situations, and conduct that can constitute hazing but also notes that the list is not exclusive. Gonzaga also specifically prohibits hazing no matter where it takes place and whether or not it is at a school-sponsored event or a “non-University” event.
Whitman College, on the other hand, provides a more abbreviated description of hazing, also relying on the Washington State law but providing little in the way of detail about what the definition of hazing is, examples of hazing, and how the school disciplines students accused of hazing. It does note that anti-hazing education must be provided to all students as part of new student orientation and that under Washington state law that, education must cover
- Hazing awareness, prevention, and interventions
- Information about the “signs and dangers of hazing”
- An explanation of how Whitman College prohibits hazing
The school's “Faculty Code” goes into considerably more detail, with its Student Conduct section quoting from the Washington state anti-hazing law and providing a number of “behaviors and activities” that “would constitute hazing on this campus.” It also notes that the fact that a hazing victim consented to the hazing is not a defense to a hazing charge because it “may not be true consent when considering peer pressure and the desire to be part of a group.”
Because there are dozens of different colleges and universities across the state of Washington it means that you're likely to encounter a slightly different hazing policy depending on where you're enrolled. It's important to understand that because of Washington's anti-hazing law, each of these policies are going to be written to follow that law at a minimum. In some cases, schools may elect to go further and expand the prohibition against hazing to include types of behavior that the law doesn't specifically cover.
This is why it can be so critical to understand what your school's anti-hazing policy is, especially if you are part of a group that accepts new members and has any sort of process or set of procedures for doing so. Maybe you went through an initiation process yourself, one that you didn't personally consider to violate any of your rights or principles or put you in any danger whatsoever. That doesn't mean that you weren't hazed under your school's definition or that you won't be accused of hazing if you are responsible for other students going through the same process.
This is why it's important to be working with an experienced student defense attorney if you've been accused of hazing. At the Lento Law Firm, our Student Defense Team understands not only the laws that schools in Washington State must follow when it comes to hazing prevention and discipline but also the different procedures those schools use as part of the disciplinary process. You have rights in these situations, even when you're the student accused of misconduct, and our student defense attorneys will fight for those rights and defend you against hazing allegations.
Where Does Hazing Typically Happen on College Campuses?
When many of us think of hazing at college, we think of sororities and fraternities, which, of course, is where many hazing reports originate. But hazing is not exclusively a product of so-called “Greek” culture. It can and does happen in any kind of school organization that accepts new student members. Essentially, any time there is a group of students that other students want to become part of, hazing may occur. As a result, it's not unusual to hear of hazing in the following situations:
- Athletic teams at both the varsity and club level
- Cheer squads
- Dining and other social clubs (including ones that are supposedly “secret societies”)
- Music groups, including the school marching band, orchestra, chorus, and others
- ROTC
- Other types of clubs or organizations, such as drama, speech, debate, and more
Any kind of school-related organization that has an “initiation,” “rite of passage,” “orientation,” or other procedures that new members must go through to join runs the risk of violating their school's anti-hazing policies. And it doesn't matter if everyone participates in the process – if prospective members are required to do so, it can still be considered hazing (depending, of course, on what the activity is).
Hazing doesn't have to happen on campus either. There are many times when hazing is accused of having taken place in some remote area, far from campus, or in a nearby town. Moving things away from the school won't protect against a hazing allegation if what happens off-campus can be considered hazing.
In addition, as noted above, the fact that participants appear to give their consent to the hazing isn't going to protect those who conduct it from school discipline. Schools will almost always disregard a claim that the “victims” consented to the hazing, because the view is that the hazed students usually want to become part of the group that hazed them and so their consent is not valid.
School Disciplinary Processes Do Not Protect the Accused Student
You might think that because you're a student at a school that has worked hard to recruit you, teach you, house you, and feed you, that your rights will be well-protected if you're accused of misconduct. Unfortunately, that's far from the case. Students accused of misconduct by their schools actually have fewer rights than criminals accused of crimes. That may sound hard to believe, but it's the sad truth.
The main reason for this, schools say, is that when they discipline a student, it's not a criminal prosecution, and no criminal record will result if the student is held responsible for the accused behavior. However, in cases where the discipline is severe – such as a suspension or an expulsion – the consequences of school misconduct can follow a student around for the rest of their life. That's why it's so important to have the help of an experienced student defense attorney if you've been accused of misconduct by your school, including hazing misconduct. You need all the help you can get when the deck is stacked against you, and working with a member of the Lento Law Firm Student Defense Team can make all of the difference when it comes to protecting your rights and defending your future.
Another thing to understand is that your school's disciplinary procedures may vary slightly depending on the type of hazing misconduct you're accused of.
Title IX Hazing Misconduct
Title IX is a federal law and set of rules that protect students from sexual discrimination and harassment. Schools that accept federal funding – as almost all colleges do – must have policies, procedures, and personnel in place to enforce Title IX's requirements. This means that there are specific procedures that must be followed when a student is accused of sexual harassment or assault. This can apply in hazing situations where the alleged misconduct is sexual in nature. The conduct doesn't have to rise to the level of sexual assault to become a Title IX matter; even verbal abuse that focuses on the victim's sex, sexual orientation, or gender identity or expression can be considered Title IX misconduct and can subject the student to the Title IX disciplinary process. Because Title IX is a set of federal requirements, many schools will have a different process for Title IX discipline than for other types of student discipline.
Other Types of Discipline
If the hazing misconduct allegation doesn't appear to fall within the boundaries of Title IX, it will be handled by the school in the same way as it handles other types of misconduct allegations. These may be similar to the school's Title IX procedures, but they don't necessarily have to be. That's why it helps to be working with a student defense attorney who has experience with a number of different types of school discipline cases; you need someone who can adapt to the procedures your school is using while at the same time providing you with a strong and forceful defense.
If you're accused of hazing at your school in Washington, the process is likely to include a number of steps.
The Investigation. The hazing claims made against you will be investigated to determine whether or not the alleged conduct may fall under Title IX. They'll be investigated further to gather information that may be used against you. You may be interviewed by a school investigator, and other students (including any who filed complaints) will also probably be interviewed. The school's investigator may also gather documents, text messages, emails, and social media posts. Investigations can take some time, but when they're complete, there will typically be someone at the school who will decide whether or not to move forward with disciplinary proceedings against you.
Settlement Discussions. At this point, the school may approach you with a proposal to settle the matter without going through the time and uncertainty of a hearing. You may be presented with the facts gathered against you and asked to agree to a specific penalty in exchange for admitting to certain facts. Whether to agree to a proposal like this depends heavily on the facts of your situation. And because hazing is also a crime in Washington, by admitting that certain facts are true, you could be setting yourself up to be prosecuted later. This is why it's so important to have an experienced student defense attorney by your side at this stage, someone who can take everything into account and advise whether the school's offer makes sense for you. In many cases, our attorneys will work to negotiate a more favorable resolution than the one proposed by the school.
Disciplinary Hearings. If the misconduct case doesn't settle, it will likely go to a hearing. Witnesses will be questioned, evidence introduced, and arguments made on both sides. The hearing procedures, including whether it's before a panel of judges or a single “decisionmaker,” will vary from school to school. The extent to which your attorney can participate in the hearing may also vary from one school to another.
One of the most critical things to understand is that in almost all cases, the school only needs to be 51% certain that you committed the hazing misconduct to rule against you. That's right – the “beyond a reasonable doubt” standard we're all familiar with from the cop shows doesn't apply to student misconduct cases. The school only needs to believe that it was more likely than not that you committed the hazing offense to find you responsible.
Disciplinary Consequences Can be Severe
Schools can do almost anything they want when it comes to imposing a sanction on you for a hazing allegation. If you're found to be responsible for hazing, you might only get a verbal warning. But you could also get a written reprimand in your permanent record, serve a probation period where you have to take anti-hazing educational courses, be suspended from school, and also have to take the anti-hazing course, or be expelled completely. Because of the wide range of potential sanctions you can face, you need the help of an experienced student defense attorney to protect your rights, defend your case, and give you the best chance possible of being able to continue your studies with no interruptions.
The Lento Law Firm Student Defense Team Can Help
When your school accuses you of hazing misconduct, your future is at risk. If you're suspended or expelled, it could bring your college career to a screeching halt and make it difficult for you to move forward along your intended educational path as well as with your planned career. The school's burden of proof is low; it only has to believe you were more likely than not to have committed the hazing offense you're accused of committing. The school investigator may only have focused on evidence against you, not evidence that could help you. The school controls the hearing forum and makes the rules about what evidence can be considered at your hearing.
In short, with so much at stake and with the school running the show, you need someone to help you level the playing field. You need the help of an experienced student defense attorney, someone who has protected other accused students in similar situations. The Lento Law Firm's Student Defense Team includes attorneys with this kind of experience. We've helped students accused of hazing and other forms of misconduct at colleges all across the country, including in Washington, and we're ready to help you, too.
The moment you learn you've been accused of hazing, contact us. In our experience, the sooner we are involved in a school misconduct case, the more we can do to protect your rights and defend you against the allegations made against you. Call us at 888.535.3686, or use our contact form to schedule a confidential consultation with one of our experienced student defense attorneys. Your college career is the key to your future; the Lento Law Firm Student Defense Team is here to help you protect both.
