In the past, colleges and universities may have looked the other way regarding hazing that that took place either on or off campus, but the climate today is one of zero tolerance. Not only is hazing entirely prohibited by colleges and universities, it is also a criminal offense in most states. Colleges and universities will generally consider students or a campus student organization and its members to be engaged in hazing if:
- Engaging in any activity, for purpose of initiation or continuing membership, which recklessly or intentionally endangers the physical or mental health of a student. This means any potentially dangerous forced physical activity, any activity which could cause a student to suffer extreme mental stress as well as any form of forced activity potentially harmful to the mental health or dignity of a student.
- Hazing activities may include, but are not limited to the following activities: whipping, beating, branding, forced calisthenics, exposure to the elements; forced consumption of food, liquor, drugs (legal or illegal) or any other substance; sleep deprivation, forced exclusion from social contact; conduct which could result in extreme embarrassment; nudity, coerced sexual activity, confinement, physical restraints, mental harassment or any prohibitive behavior as defined by the college or university's code of conduct.
- An organization and its student members will also be considered to be engaged in hazing if pledge, initiation, or continuing membership activities cause the willful destruction or removal of public or private property.
Potential Criminal Consequences of Hazing
When a student is accused of hazing, they are not only subject to their college or university's disciplinary process, they can also be subject to criminal charges.
In New Jersey, hazing is a criminal offense under § 2C:40-3 of The New Jersey Code of Criminal Justice, which states:
- A person is guilty of hazing, a disorderly persons offense, if, in connection with initiation of applicants to or members of a student or fraternal organization, he knowingly or recklessly organizes, promotes, facilitates or engages in any conduct, other than competitive athletic events, which places or may place another person in danger of bodily injury.
- A person is guilty of aggravated hazing, a crime of the fourth degree, if he commits an act prohibited in subsection a. which results in serious bodily injury to another person.
In an effort to combat hazing, New Jersey schools and are required by their state laws to adopt anti-hazing policies and to establish rules and penalties for violations.
New Jersey goes a step further, and mandates its Office of Attorney General § 18A:3-25. to develop and maintain a "Pledge's Bill of Rights" which outlines acceptable and unacceptable behavior and activities in regard to the pledge or rushing activities of college and university fraternities and sororities and other similar campus organizations. In developing the bill of rights, the Attorney General shall review the existing pledge and anti-hazing policies and procedures of New Jersey colleges and universities and shall, as appropriate, incorporate those policies into the bill of rights. The Attorney General shall make the "Pledge's Bill of Rights" available to each college and university within New Jersey.
If you or your student is faced with a Hazing disciplinary violation, contact student defense attorney Joseph D. Lento today.
