Hazing has long been a popular staple in many educational institutions and organizations, including high schools. Nevertheless, in most states, students may end up with unattractive marks on their records if they participate. Without a proper defense, it can jeopardize a student's future.
That's where the Lento Law Firm comes in. If your high school student is accused of hazing, let the Lento Law Firm Education Law Team help. They can create a strong and strategic defense to ensure that your child maintains a great chance at success. Schedule a consultation with the Lento Law Firm offices by calling 888.535.3686 or filling out this contact form.
What Makes Hazing a Serious Offense?
Most hazing falls can potentially cause severe physical, mental, or emotional harm to victims. Common hazing rituals include dangerous activities, verbal abuse, deception, sleep deprivation, toxic food, public humiliation, bondage, or even sexual coercion. Sometimes, the required activities are illegal under state law.
If a student declines to participate, they may suffer social penalties like harassment and bullying. However, if they do participate, they may sustain significant trauma to their body or mind, or they may end up being sued or charged with a crime. Sometimes, hazing affects innocent bystanders as well.
Whatever the student chooses, they take a significant and unnecessary risk to their health, future, and relationships. It's both unfair and damaging to those involved. Schools don't tolerate it because part of their job is to protect students so that they can reach their potential.
Alabama State Laws on Hazing
To demonstrate its stance against hazing, Alabama has codified its definition and consequences. According to the law, hazing refers to any physical violence, threats, or mental abuse inflicted by students on other students on or off the school campus. It also states that students who assist with hazing or passively allow it to occur are breaking the law as well.
Innocent, non-violent campus activities, traditions, and contests don't count as hazing. Neither does corporal punishment or other disciplinary measures that a school might take with its students.
How Do High Schools Punish Hazing?
Alabama high schools have a process for resolving hazing incidents.
First, parents can file complaints with the schools if their children claim to be victims of hazing. If the claims are founded, the school must follow due process with a formal hearing with the offending student.
Although you can waive this hearing if you'd like, it's often the best opportunity for you and your child to plead their case to the school administration. With a formal hearing, the school can assess the offending student's culpability and likelihood of reoffending. Most students who haze are motivated mainly by a sense of thrill and power or control over others, and the school will also consider mitigating circumstances if they apply.
Depending on how the hearing goes, the school may decide to use any of the following disciplinary measures for your child.
Short-Term Suspension
Your child would not be allowed to be on the school campus for a maximum of ten days. That's not long in comparison to the total number of years most students spend in K-12 school districts, but it still tends to raise questions or concerns from colleges.
Long-Term Suspension
Your child could not go to the school campus for anywhere between ten and ninety days. This is even more likely to impact your child's ability to get into a college of their choice, as it usually indicates a serious behavioral problem—which is often the driving force behind hazing.
Expulsion
Technically, expulsion in Alabama simply means that your child would be barred from the school campus for more than ninety days, suggesting that it's a temporary measure. However, expulsions can be permanent.
Even when expulsion is temporary, missing that many schools could delay your child's graduation or lower their grade point average. Again, this decreases the likelihood that your child could attend their preferred college.
Alternative School Placement
The school may assign your child to a different school altogether for at least ninety-one days. It may be inconvenient to transport your child to the other school, but since they would at least get to continue attending classes, it could be the best option if the school decides discipline is necessary.
Possible Forfeiture of Funding and Scholarships
Alabama school districts don't have the authority to assign this particular punishment, but it's worth mentioning due to the impact it could have on your child's academic options. Universities and colleges in Alabama may choose to withhold funding and scholarships to attend their campuses.
If your child is close to graduating, and you are counting on financial aid like this to help them afford a post-secondary education, you may feel blindsided and disheartened by the newfound limitations. Consider this possible consequence if you don't let the Lento Law Firm help you resolve the situation.
Why Does Alabama Punish Hazing So Severely?
Perhaps you think that suspension, expulsion, and alternative school placement are unnecessarily harsh for high school students guilty of hazing. Many Alabama school districts would say otherwise. The law treats hazing as a serious offense because of all the people it harms, including:
The Victim
Obviously, the hazing victim gets hurt physically or mentally. However, the harm is not always short-term. Some hazing activities may cause lasting damage. The most alarming reports of hazing have led to long-term injuries, sometimes even to the point of a permanent disability, in addition to anxiety and post-traumatic stress disorders.
None of this is fair to a child who simply wants to fit in with their peers and/or get a good education. They should have just as much opportunity as other students; dealing with the effects of hazing compromises that. Alabama schools are obligated to help victims by deterring hazing with strict punishments.
Your Child
Since your child is the offender in this situation, not everyone will think about the harm that may come to them because of hazing. Nevertheless, they may suffer as well. As already discussed, a punishment for hazing could negatively affect their vocational and educational prospects after graduation. Poor judgment is common for teenagers, and the consequences of their choices shouldn't necessarily define their adult lives. Still, it's best to discourage situations—like hazing—in which lifelong consequences are possible.
It goes even deeper than that, though. Most children who break the law don't become career criminals, but career criminals do tend to have a history of juvenile delinquency. Heavy-handed discipline at school can be effective at nipping such tendencies in the bud.
The School Environment
In schools known for hazing, students often feel wary and unsafe. Not only is it bad for their mental health, but it distracts them from lessons and coursework. Also, offenders usually spend an inadequate amount of time furthering their education because they're more interested in carrying out hazing on other students.
Hazing simply creates an unproductive learning environment. This is contrary to Alabama's philosophy on K-12 schooling, which is to “empower students through education.” A no-nonsense approach to discipline for hazing may cut down on the practice and help all students focus on meeting their potential.
The School District
We won't pretend that an Alabama school district's motivations for punishing hazing are entirely altruistic. They also need to take care of themselves. A school district that doesn't take swift and severe action against hazing is legally liable for the damage and injury that may occur as a result.
For example, a high school baseball player's parents filed a lawsuit against the Pell City Schools in March 2023. The allegations include negligence; the parents argue that the district didn't do enough to stop the hazing, resulting in serious injuries for their son, who was simply given medication when he was in pain. The lawsuit has also revealed a pattern of this behavior toward other students.
In addition to the negative press, the school district may have to pay dearly to settle this suit. That means less money to pay staff, invest in updated equipment, maintain school buildings, and fund important trips, clubs, teams, and activities. The district could lose employees, programs, and credibility. Local parents may start trying to send their children to different schools to ensure their safety and support.
Pell City Schools is not the only district under fire. In August 2023, four former high school football players filed an appeal for a dismissed lawsuit against the Mobile County School District. They claim that the hazing was a violation of their civil rights. If they win the appeal, the district could lose millions on a payout.
With possible consequences like these, it only makes sense that Alabama school districts would have zero tolerance for hazing. Implementing harsh penalties keeps them financially, politically, and socially viable.
Why Should You Hire the Lento Law Firm to Defend Your Child?
Maybe it hasn't occurred to you that a lawyer should be present with you during the formal hearing. In truth, however, the Lento Law Firm Education Law Team would serve as a crucial ally for your child.
In their zeal to defend victims or act on their own preconceived notions toward offending students, high schools might neglect due process. Your child might not receive fair treatment from the school administration, so they may get a harsher punishment than they deserve.
The Lento Law Firm Education Law Team is well-versed in tailoring defense strategies for specific locations in Alabama. They can ensure that your child receives the due process owed to them by the school district.
On top of this, remember that hazing could lead to your child's suspension or expulsion. Such black marks on their record could derail your child's academic and career aspirations. They need the best defense possible to protect their future, and the Lento Law Firm provides that.
What About Hiring a Local Criminal Law Attorney?
While hazing is a crime in Alabama, we don't recommend hiring a local criminal law attorney to defend your child. We're confident that the Lento Law Firm is a better choice for the following reasons.
Prevents Overly Harsh Consequences
State law gives school districts strict requirements to prevent and punish hazing in Alabama high schools. However, the law is less specific about how heavilly the schools can punish offenders. With no real restrictions or limitations, suspensions and expulsions are typical consequences, even though they're often excessively harsh for the students and circumstances in question. A lawyer with the knowledge to stand up against Alabama's school districts on behalf of your child can spare them from life-altering consequences they don't deserve. The Lento Law Firm fits that description.
National Renown
Not only are the Lento Law Firm offices experienced in education and criminal law, but they're nationally recognized for their skill and dedication. Having won difficult cases on hazing and other issues throughout the country, you can feel confident about their ability to advocate for your child.
Decreases Negative Press
As you've seen in the examples shown earlier, journalists sometimes report high school hazing, especially when they escalate to lawsuits. Even if a case gets dismissed, your child could still become subject to the court of public opinion. While the Lento Law Firm doesn't control the press, their defense could help cast your child in a sympathetic or forgivable light and save their reputation.
Set Up a Powerful Defense Against High School Hazing
With their youth and inexperience, high school students are bound to make mistakes and suffer lapses in judgment. Still, even an error like hazing shouldn't define their future. Protect your child and uphold their potential by securing the aid of the Lento Law Firm.
The Lento Law Firm Education Law Team is ready to advocate for your child, so call them at 888.535.3686 or fill out a contact form.
