Every parent wants their child to succeed in school and continue this success far into the future. Once kids reach high school, the time when they will enter the world on their own and forge their own path is not far away. However, this also means they are at greater risk of in-school disciplinary punishments following them into adulthood. Behavioral issues in kindergarten aren't a long-term concern, but serious offenses as a high school student are something to take seriously.
If your student faces hazing allegations from their school, their future is at risk. Without properly defending their name, these accusations have a high likelihood of negatively impacting their college search and eventual career. Students accused of misconduct need experienced legal representation and be familiar with their state and county's high school disciplinary process.
The Lento Law Firm represents students nationwide and can assist your students when they come under fire from their school. Hazing accusations are some of the most impactful on a child's future, and our Student Defense Team is here to help. Call us today at 888-535-3686 or contact us through our website to get started on your student's defense.
Definitions of Hazing From Texas Law
Texas law mandates each school district implement a discipline management program to address student misbehavior. High schools do not always make their own definitions of offenses and misbehavior; instead, they rely on definitions found within the Texas Education Code. For example, the Code of Conduct for Allen County high schools copies Texas law verbatim when defining hazing.
The Texas Education Code defines hazing as intentional or reckless acts directed against a student for the purpose of pledging, being initiated into, or maintaining membership in a group or organization if those acts involve:
- Physical brutality, including hitting, whipping, electronic shocking, beating, branding, or causing bodily harm.
- Sleep deprivation, exposure to the elements, confinement in a small space, forced calisthenics, or other activities that affect a student's health, well-being, or safety.
- Forcing or coercing a student to consume a food, liquid, liquor, drug, alcoholic beverage, or other substance that threatens their safety.
- Inducing, causing, or requiring a student to perform some duty or task that breaks the law.
The Texas Education Code also defines when someone commits a hazing offense. In the most straightforward example, personally engaging in hazing is enough to commit the offense. However, according to these laws, students who encourage others or fail to report hazing incidents commit an offense, regardless of their personal involvement. High school disciplinary processes are entirely independent of criminal proceedings, but your student's school may have similar ways of determining which students receive disciplinary punishment.
Disciplinary Punishments for Hazing
Most Texas high schools provide an exhaustive list of discipline management techniques that they use to correct student behavior in their student Code of Conduct. While each school is unique, typical punishments for misbehavior, such as hazing, include:
- Verbal warnings
- Parent conferences
- Moving students out of the classroom
- Transferring students to a new classroom or campus
- Behavior improvement plans and contracts
- Agreements to stay away from certain students or teachers
- Confiscation of possessions
- Loss of privileges, including inability to engage in extracurricular activities
- Detention, either before, during, or after school
- Peer mentoring
- Grade penalties
- Physical restraint
- In-school suspension
- Out-of-school suspension
- Disciplinary Alternative Education Program
- Expulsion
Despite some disciplinary punishments appearing minimal, punishments for hazing will be more severe than what you would expect from the typical offense. When determining consequences, campus administrators consider many factors, such as the student's age and disciplinary history. However, their primary consideration is usually the severity of the act. Behaviors like hazing, which can theoretically result in widespread student harm, will result in harsher punishment from schools.
How Texas High Schools Deal With Hazing
Since hazing, by definition, involves organized groups that may have dozens or hundreds of members, schools take hazing seriously to prevent widespread harm to their students and the overall community. You may not hear about every instance of bullying in your local area, but you will likely hear about massive hazing scandals affecting local high school athletic teams or clubs. Due to educational institutions' desire to limit negative attention, they may seek harsh punishments and swift justice on any students who they believe engaged in hazing behavior. If your student is accused of hazing, they are at significant risk of receiving disciplinary punishment that can affect them for years to come.
At Alamo Heights High School, administrators suspended nearly two dozen students after a hazing event resulted in a student hospitalization for burn injuries. Older players on the school's football team forced younger teammates to participate in a wide variety of embarrassing acts. Primarily, senior members coerced younger students into stripping naked and racing each other in an open space while covering parts of their bodies in hot sauce. One student suffered burns, while the rest were still subjects of mockery and sustained violations of their privacy.
Despite these acts occurring off-campus without the knowledge of school administrators, disciplinary punishment still fell under their jurisdiction. This event brought intense negative media attention to the school, and administrators took action to punish those they believed were involved. However, some of the students punished were themselves victims of the hazing incident, with almost the entire football team dealing with some form of disciplinary action.
Schools sometimes punish innocent students in an effort to address bad behavior quickly and hold students accountable. If your student is at risk of suspension, expulsion, or other serious disciplinary punishments due to false or unfair accusations of hazing, the Lento Law Firm can help.
High School Disciplinary Process
The simplest way to learn what your student's disciplinary process will look like is to contact the Lento Law Firm and examine public materials posted by your student's district. In most cases, Texas high schools will follow a process with the following steps:
- Initial Report: Schools use reports as one of their primary ways of identifying potential misbehavior. This report can come from students, parents, teachers, other school staff, or police officers. In other cases, administrators may see misbehavior firsthand and begin proceedings.
- Notification: After starting the disciplinary process, the school notifies the student and their parents or guardians about the allegations. Schools provide details about the alleged behavior and the next steps in the process.
- Investigation: School officials conduct a thorough investigation to gather facts and determine the validity of the allegations. They often talk to other students or witnesses and gather evidence of the incident. Increasingly, evidence of potential wrongdoing takes the form of online messages, photos, or videos posted by students. In some cases, schools may conduct preliminary investigations before notifying the student to determine whether the allegations are meritless.
- Preliminary Conference: A conference is held with the students, their parents, and school administrators to discuss the incident. After the students explain the incident and provide further details, schools can either drop the disciplinary case or proceed to a punishment decision.
- Disciplinary Action: Based on the findings of the investigation and the preliminary conference, administrators will choose the appropriate disciplinary action to address the behavior. For hazing instances, punishments are typically more severe, with the possibility of in-school suspension, out-of-school suspension, placement in a Disciplinary Alternative Education Program, or expulsion. The school will provide details of the punishment, as well as any other restrictions, to the student and their guardians.
- Right to Appeal: In most cases, students and their parents have the right to appeal the disciplinary decision. Appeals are usually allowed and encouraged when punishments are severe, such as expulsion, to enable students to defend their names.
- Final Decision: After the appeal hearing, the committee or school board reviews the case and makes a final decision. If the appeal is denied, the original disciplinary action is upheld. If the appeal is successful, the disciplinary action may be reduced or overturned.
The specific policies of your student's school will play an important role in how their disciplinary process unfolds. For example, some schools divert suspensions and expulsions for younger students in favor of alternative programs. If there are any possible avenues for your student to avoid a suspension, expulsion, or punishment that removes them from campus, you should pursue them. The Lento Law Firm can identify the best path forward based on your student's unique situation and help prevent this hazing accusation from harming their future.
Due Process Concerns in Texas High School Disciplinary Proceedings
Unlike criminal courts, where legal representation is a fundamental right, high school disciplinary hearings often operate without the same level of legal formality. The Lento Law Firm can prepare students and parents for these hearings and help them avoid further incrimination when under scrutiny from school administrators.
Without legal representation, students and their parents may fail to understand their rights during conferences. Someone arrested by the police can have an attorney in the room to intervene and prevent self-incrimination. However, during a meeting with school officials, parents and students can unintentionally say or do something that heightens punishment.
School disciplinary hearings are also much more informal than court proceedings. School administrators do not typically adhere to a strict burden of proof standard and may make decisions based on incomplete or improperly handled evidence. Instead of an impartial judge, the same school and district officials who see students at football games and during school hours might be the ones making these critical decisions. This has the potential to introduce immense bias to the case, especially if your student has a previous disciplinary history in the same school district.
If your student's school has notified you of hazing allegations, the risks to their future are high, and you should never walk into a conference without a plan in place. The Lento Law Firm can prepare you and your student for proceedings, teach what you should and should not say, and help prevent punishment from escalating.
How the Lento Law Firm Can Help Your Student
The Lento Law Firm represents students nationwide, including here in Texas, who stand accused of serious offenses like hazing. Our Student Defense Team understands how these processes typically play out, what you need to be careful of, and what plan of action will have the highest success rate. We work to identify procedural errors or biases that could affect the outcome and help you gather evidence that bolsters your student's case.
In addition, we assist in filing appeals if the initial decision is unfavorable. In many cases, school districts only allow appeals within a limited timeframe, sometimes as short as ten days. Punishments can go into effect immediately following a decision, meaning parents sometimes must juggle the appeals process while supporting their students through their disciplinary punishment. If you fail to appeal, your student will have a permanent mark on their academic record and face issues in the future when applying for colleges and seeking employment.
The Lento Law Firm is dedicated to helping students defend themselves from accusations of all kinds. Our Student Defense Team can step in to assist your student if they are dealing with disciplinary issues at any high school in the state, including:
- Allen High School - Allen
- Cypress Ranch High School - Cypress
- Duncanville High School - Duncanville
- North Shore Senior High School - Houston
- The Woodlands High School - The Woodlands
- Klein Oak High School - Spring
- Plano East Senior High School - Plano
- Lewisville High School - Lewisville
- Plano Senior High School - Plano
- Conroe High School - Conroe
The entire disciplinary process, including the appeal window, may only last a few weeks. Without ample time to prepare and gather evidence, students are on the back foot when accused of serious offenses like hazing. As soon as your student's school notifies you of potential disciplinary risks, contact the Lento Law Firm Student Defense Team to get started on a complete and thorough defense for your student.
Call the Lento Law Firm Today
Preventing disciplinary punishment from appearing on your student's permanent record should be priority number one when their school accuses them of hazing. In the future, gaps in their transcript will raise suspicions from universities, employers, and other institutions conducting background checks. Hazing accusations often lead to suspensions or expulsions, but only if your student cannot provide a robust defense.
The Lento Law Firm is dedicated to assisting Texas students in clearing their names and limiting disciplinary punishments that threaten their future. Call our Student Defense Team at 888-535-3686 or contact us through our website today.
