Hazing vs. Rushing

For many college students, the excitement and fun associated with Greek life or fraternities/sororities is the best part of their university years. An essential part of Greek life is “rushing” and finding a good fit with a fraternity or sorority. Unfortunately, rushing is a time when hazing activities become more common. But rushing and hazing are not synonymous.

If you are accused of hazing or other code of conduct violation by your college or university, you need experienced counsel who understands the law and concepts associated with hazing. The Lento Law Firm is a nationwide law firm defending students accused of all sorts of misconduct, including hazing. Call 888.535.3686 or provide your details online, and we will contact you.

What is Rushing?

In short, rushing is a recruitment process for many campus organizations and is most commonly used by fraternities and sororities. Rushing may involve:

• Social activities, including open houses and parties.
• Information sessions, where groups present information on joining and pledging.
• Formal or informal interviews.
• Bidding or bid days.

Bidding is the process through which a fraternity or sorority (or other group) extends invitations to join a limited number of students. A student who receives a bid may or may not choose to join the fraternity or sorority (or other group).

This page will address the broad concept of recruitment and rushing on college campuses and will not be limited to fraternities and sororities. Many campuses have a recruitment period for campus clubs, intramural athletics, and performance groups. Students express interest and meet with these groups just as potential pledges meet with fraternities or sororities. Hazing issues are in no way limited to Greek houses, although hazing is more common in fraternities and sororities.

What is Hazing?

While the concept of rushing is relatively straightforward, defining hazing is a much more complicated matter. Hazing is defined in the criminal codes of most states, but the definition contained in these laws is narrow. Most campuses have a policy on hazing, and this policy will typically define hazing. Anyone accused of hazing should become familiar with definitions of hazing contained in their college or university code of conduct and in the law of their resident state.

State Definitions of Hazing

States vary considerably in how they define and address hazing. To follow are a couple of examples.

Georgia

Georgia law defines hazing as an activity which:

• Endangers or is likely to endanger the physical health of a student.
• Coerces the student through the use of social or physical pressure to consume any food, liquid, alcohol, drug, or other substance that involves a likely risk of vomiting, intoxication, or unconsciousness regardless of a student's willingness to participate in such activity.
• Involves initiation or acceptance into a group or organization.

Georgia's hazing law emphasizes physical health but does not specifically address mental health. Further, hazing is limited to behavior that causes physical harm or is likely to cause physical harm.

New York

New York law defines hazing as:

Intentional or reckless conduct occurs during initiation into an organization, which involves physical contact with or requires physical activity by another person and which creates a substantial risk of physical injury to another person. If an actual physical injury occurs, it is hazing in the first degree. Otherwise, it is hazing in the second degree.

Once again, New York law requires the physical injury of a victim or the likelihood of physical injury to constitute hazing. It is important to note that this is a definition for criminal law purposes, and this definition is not controlling in a college disciplinary proceeding.

College or University Definitions of Hazing

Many campuses do not have a clear, common, and inclusive definition of hazing.

In order to put students on notice that hazing violates a student code of conduct, colleges need to inform students of a precise definition of hazing. It can be difficult to differentiate hazing from group rituals that promote commitment to the group and group cohesion without significant harm. Many campuses prohibit hazing but provide little information to students on the parameters of acceptable vs. unacceptable behavior. Other campuses offer much more complete policies on hazing.

Example of Hazing Policy – University of Michigan (Ann Arbor)

The University of Michigan has a hazing policy typical in many large colleges or universities.

The University of Michigan defines hazing as a willful act involving:

• Physical injury.
• Assault or battery.
• Kidnapping or imprisonment.
• Physical activity that knowingly or recklessly subjects a person to an unreasonable risk of physical harm or severe mental or emotional harm.
• Degradation, humiliation, or compromising of moral or religious values.
• Forced consumption of any substance.
• Placing an individual in physical danger, which includes abandonment and undue interference with academic endeavors.

Whether or not a person consents to the above acts does not change their characterization as hazing. U of M requires that the above acts must be done for the purpose of rushing, pledging, or being admitted into membership with a group or organization to constitute hazing. Hazing includes acts inflicted by an individual onto one or more people.

The University of Michigan's definition goes on to note that hazing includes:

• Any situation that creates a risk of injury.
• Any situation that creates discomfort.
• Any situation that causes embarrassment.
• Any situation involving harassment.
• Any situation involving humiliation or degradation.
• Any situation involving ridicule.
• Any situation involving destroying or removing private property during initiation into a group or organization.

So, the definition of hazing at the University of Michigan is quite broad but is solidly directed toward behavior that creates a risk of physical harm or is humiliating and degrading. However, the policy does expand the definition of hazing to instances of discomfort or embarrassment. In that sense, many relatively innocuous activities might be considered hazing under this policy if they occur during rushing, pledging, or initiation into a campus organization.

Example of Hazing Policy – Cornell University

Cornell University defines hazing as an act that is a condition for affiliation with a group that:

Creates a risk of mental, physical, or emotional distress or harm, including acts such as:

1. Forced servitude or completion of menial tasks.
2. Undue financial expenditures.
3. Acts that a reasonable person would consider excessive or dangerous.
4. Acts that abuse, humiliate, degrade, or taunt another person or group.

Involves any of the following:

1. Forced consumption of alcohol or drugs.
2. Forced consumption of other substances.
3. Damage to or theft of property or any other illegal act.
4. Violation of any University policy.

This policy recognizes that hazing can occur either on or off campus and can happen in person or virtually. Consent or the appearance of consent to participate does not mean that any particular act is not hazing.

The Cornell policy on hazing is narrower but includes acts that abuse, humiliate, or degrade others or that a reasonable person would consider excessive. Interestingly, Cornell's policy addresses financial abuse.

Types of Hazing

As the definitions of hazing in state law and college policies show, it isn't easy to define hazing. In general, there are three broad categories or types of hazing:

Hazing Involving Violence

Hazing may involve acts of violence or other behavior likely to cause physical harm, including:

• Forced ingestion of food or other substances.
• Forced consumption of alcohol.
• Water Intoxication/forced consumption of water.
• Kidnapping or abduction.
• Sexual Assault.
• Beatings, paddling, or assaults.
• Branding or forced markings on the body.

Hazing involving Harassment

Hazing may also involve abusive behavior or harassment, including:

• Sleep deprivation.
• Simulated sex acts.
• Threatening attendees with harm.
• Forcing students to wear embarrassing clothes.
• Forced nudity or partial nudity.
• Skits with humiliating roles.

Hazing involving Intimidation

Hazing may involve more innocuous conduct, which becomes exploitative when used against a student for significant periods of time.

• Demeaning or humiliating names.
• Social isolation.
• Forced silence for lengthy periods.
• Making students carry objects at all times or for extended periods.

While these lists and types of hazing are not all-inclusive, they include the most commonly charged types of hazing.

Hazing for Men vs. Women

Hazing rituals will often look quite different for male and female participants.

Most Common Hazing Rituals of Males:

• Drinking large amounts of alcohol
• Participation in drinking game.
• Yelling, screaming, or cursing by senior members.
• Acting as a personal servant for senior members.

Most Common Hazing Rituals for Females:

• Associating with some members with the exclusion of others.
• Participation in skits or rituals involving humiliation.
• Participation in a drinking game.
• Yelling, screaming, or cursing by senior members.

When the Definition of Hazing Becomes Difficult

Some university policy statements define hazing broadly, seemingly including nearly any behavior that might leave a student embarrassed or uneasy. This is problematic because the structure of rushing involves taking risks and students presenting themselves for membership in a group. The group or fraternity/sorority may see the student as a bad fit or as an individual who does not meet the group's membership standards, which is their right. But the very act of denying membership is inherently humiliating for the person who is turned down. If a fraternity or sorority is tactless when disinterested in a potential rushee, it might lead to hazing charges under some college policies. This may result in questionable charges or a student filing “revenge” allegations after being denied membership.

Types of Rushing

In the Greek system, rushing can be either informal or formal.

Informal Rush – Some colleges offer an informal rushing period involving less structured activities and more time with members.

Formal Rush – This occurs in the fall, typically as classes start. It is a formal process with set times for students to visit particular chapters. Formal rush involves very set activities and is more often the focus of hazing issues.

Rushing is Not Just Greek

In many college environments, students must rush or apply to almost all clubs, not just fraternities or sororities. Students must engage in a competitive process for social or academic clubs, intercollegiate sports teams, musical groups, and other student organizations. For this reason, the process of rushing or seeking membership competitively in clubs and organizations is not limited to Greek life. The information on this page can apply to any club that a student must “try out” for or that does not freely accept new students or applicants.

Rushing and Hazing Issues

Allegations of hazing are more common during rushing activities. Some issues surrounding rush lead or contribute to hazing allegations.

• Excessive Drinking. Rush Week often involves frequent parties and excessive alcohol consumption. The culture itself, going back many years, can emphasize heavy drinking and aggressive partying. During this period, when students are at their most vulnerable in terms of seeking membership, students will feel that they cannot say “no” to any party or offer of alcohol. This culture of excessive drinking is quite distinct from hazing rituals involving forced alcohol consumption.
• Hazing Rituals and History. During Rush Week, fraternities and sororities may engage in hazing despite the official campus policy barring hazing activities. As addressed later on this page, students often are very bad at hazing and may feel powerless to stop it. Hazing can take many forms, but one of the most common is forced alcohol consumption.
• The Ritual of Forced Alcohol Consumption. Few behaviors are more dangerous and more likely to result in hazing allegations than the forced consumption of alcohol. Some fraternities and sororities have long histories of forcing rush participants or pledges to consume alcohol. Many university policies specifically define this as hazing and specifically prohibit it.
• Alumni Involvement or Encouragement of Hazing Rituals. Many fraternities and sororities have long traditions of behavior that were acceptable in years past but now fit the university definition of hazing. The group may continue to engage in these rituals privately, hoping the university will not learn or intervene in rushing activities. Alumni may be the strongest proponents of hazing rituals during rush because they engage in them and see the tradition as important or sacred. In this way, leaders of a fraternity or sorority may find themselves involved in hazing or hazing-like activities during rush, whether they like it or not.

The Problem With Alcohol

Alcohol is strongly associated with hazing activities because of the following characteristics of alcohol consumption:

• Alcohol Exacerbates Differences in Power. When alcohol is involved in a rushing activity, the emphasis is on those seeking a “bid” to join in activities and (in some cultural traditions) to drink excessively. Those seeking bids already have less control or power, but alcohol makes this differential of power much greater because those drinking lose the ability to advocate and decline participation as they become more drunk. This is especially true if the rush leadership stays sober or relatively sober as those seeking bids become more drunk. This power differential can lead students on both sides to engage in behavior they would otherwise avoid or see as wrong.
• Alcohol Lowers or Eliminates the Ability to Say No. As students become increasingly inebriated, they lose the critical thinking skills that normally allow them to stop or withdraw consent to activities. In this way, victims of hazing may appear to be giving consent but are actually without the ability to consent because they are in such an altered psychological state.

If you are charged with hazing, it is important to consider and address the role that alcohol consumption may have played. Particularly for students unaccustomed to binge drinking, alcohol use may lead to very uncharacteristic behavior.

Hazing and Power Differentials

In some organizations, hazing emphasizes and reinforces existing power dynamics and hierarchies. These hierarchies allow senior members of the group to dominate younger members, and this can strengthen the commitment of both groups to the organization. In this way, some leaders in organizations find themselves forced to participate in hazing rituals because those rituals are encouraged by more powerful members of the group. Additionally, rushees may seek hazing rituals to demonstrate their commitment to the organization and may feel that they have freely consented to engage. One study found that hazed students reported positive outcomes almost two-thirds of the time and a sense of accomplishment over half the time.

In light of the role power differentials may have on hazing, it is important for students accused of hazing to identify the power dynamics that led to the behavior. The pressure to continue tradition and haze newcomers may exist even in environments that forbid hazing in official policies.

Adult Leaders' Involvement in Hazing

Any student accused of hazing should address the adult involvement or pressure that may have led participants to view hazing as acceptable. Advisors, coaches, and alumni reinforce many incidences of hazing. In a telling statistic, 40% of students who were hazed or witnessed hazing in a recent study also reported that a coach or advisor had knowledge or was present during the hazing. If a university official or advisor participated in or ratified the hazing behavior or ritual, it may be inappropriate to seek charges against a student who complied with the coach or advisor.

College Responses to Hazing Allegations

Following allegations of hazing, most colleges will commence an investigation. Students accused of hazing will be given notice and will be interviewed. Any student receiving notice that they are being investigated should contact experienced legal counsel immediately. No student being investigated for hazing allegations should speak to the university or an investigator until they have consulted an experienced hazing attorney.

Title IX Charges From Hazing Allegations

In certain instances, the college may proceed against students accused of hazing under Title IX. If the hazing allegations contained forced sex acts, sexual humiliation, or other sexually charged activities, Title IX may be implicated. Title IX prohibits sex-based discrimination or harassment on campus. Once a hazing investigation leads to Title IX charges and a hearing, you must find an experienced Title IX defense attorney. The college will be under intense pressure to act against you because of its potential exposure under Title IX. They may feel obligated to act against alleged perpetrators without adequate evidence. Title IX charges can be devastating and lead to suspension and loss of scholarships or athletic eligibility. Anyone facing Title IX charges should contact the Lento Law Firm immediately. We are experienced Title IX attorneys, and we can defend you.

Consequences of Hazing Allegations

Hazing allegations can have powerful negative consequences and effects on individuals and groups, including:

• Misconduct charges and sanctions against individual members of the group.
• Disciplinary suspension for members of the group.
• Sanctions against members of the group or against the group.
• Loss of charter or removal of the fraternity, sorority, or other organization from campus.
• Possible referral to law enforcement for criminal charges of student aid or scholarship after suspension.
• Damage to or loss of reputation.
• Loss of student-athlete status.

The Lento Law Firm can represent individual students, fraternities, accused of hazing. Whether you are an individual fraternity or sorority member or represent the fraternity/sorority chapter, the Lento Law Firm can represent you in the face of hazing allegations.

If You Are Charged With Hazing

If you are charged with hazing by a college or university, contact the Lento Law Firm immediately. It is important to discuss your case with an experienced attorney before making a statement during a university or college investigation. The consequences of hazing accusations are serious, and no one should take charges or allegations of hazing lightly. Let the experienced education attorneys at the Lento Law Firm assist and advise you on how best to defend yourself against the allegations. The Lento Law Firm is nationwide: it does not matter where you live or what college or university you attend. We can help protect your college career and reputation from these harmful allegations. Call 888.535.3686 or provide your details online and we will promptly contact you.