Hazing is often associated more with college students than with high school students, largely due to the media's focus on incidents at universities and colleges. However, high schools also take hazing very seriously and enforce strict consequences for such actions.
In Alaska, schools are quick to discipline students accused of hazing, even though policies are in place to protect students' due process rights. High schools are eager to avoid any perception of condoning harm or humiliation among their students, so they act swiftly to prevent incidents from becoming public.
If your child is facing hazing allegations in an Alaska high school, they may not receive a fair chance to defend themselves. At the Lento Law Firm, we understand the frustration that families experience when a student is accused of hazing. Our Student Defense Team is dedicated to representing students in disciplinary cases in Alaska and across the nation, ensuring that your child's right to a fair process is upheld. To contact us, call 888-535-3686 or fill out our consultation form, and we will reach out to you.
Alaska Hazing Law
Alaska is one of the few states in the U.S. not to have a hazing law. It simply means that are no legal consequences for hazing. Colleges, universities, and school districts can still make policies that prohibit hazing by students and take serious disciplinary action against those who engage in hazing.
Always check your school district's code of student conduct if your student is accused of wrongdoing—especially for something serious like hazing. These policies should explain and define prohibited behavior as well as the potential punishments. They should explain an accused student's rights during the disciplinary process as well.
Alaska Anti-Bullying Law
Although Alaska doesn't have a hazing law, it does have an anti-bullying law. Often, hazing is considered a form of bullying, intimidation, or harassment at K-12 schools, so districts handle it the same way they would hazing. Alaska state law requires school districts to adopt policies prohibiting harassment, intimidation, or bullying of any student. The policy must also include a list of appropriate punishments “up to and including filing a criminal complaint.”
The law defines harassment, intimidation, and bullying as “an intentional written, oral, or physical act, including an act directed at a person because of that person's race, sex, color, creed, physical or mental disability, ancestry, or national origin or other distinguishing characteristics.” The act in question is harassment, intimidation, or bullying when it meets these criteria:
- Physically harms a student or damages the student's property
- Has the effect of substantially interfering with a student's education
- Is so severe, persistent, or pervasive that it creates an intimidating or threatening education environment
- Has the effect of substantially disrupting the orderly operation of the school
How Alaska High Schools Handle Hazing
High schools in Alaska generally prohibit hazing and impose severe punishments for students found guilty of it. Since there's no state law banning hazing, it's up to individual school districts to define it and determine what the appropriate punishments are.
Anchorage School District, for example, doesn't allow school-related groups to have initiation, hazing, intimidation, or activities designed to create a group affiliation that could cause bodily, mental, or emotional harm. It also lets schools deny students participation in sports teams if they are found responsible for hazing. The district's harassment, intimidation, and bullying policy also mentions hazing.
The penalties for hazing at Anchorage schools can include:
- Denial of participation in school-sponsored activities
- Short-term suspension
- Long-term suspension
- Alternative placement
- Expulsion
The Student Handbook for Anchorage Schools clearly states that all students have due process rights. Before any disciplinary action is taken, no matter how serious, students must have the opportunity to find out what the school thinks they did wrong and present their side of the story. Students also have the right to appeal most disciplinary actions taken.
Matanuska-Susitna Borough School District defines hazing as “any action taken or situation created, intentionally, whether on or off the school grounds (i.e., trips) to produce mental or physical discomfort, embarrassment, harassment, or ridicule” in its school board policies. It also prohibits initiation, which is “participation in activities such as initiations, hazing, intimidation, or other activities designed to create group affiliation, which may present the danger of physical, mental, or emotional harm.”
School principals have the authority to take “appropriate disciplinary action” against groups or individuals who are found responsible for a hazing violation. Some of the possible disciplinary responses the school can take include:
- Counseling
- Peer mediation
- Saturday detention
- Warning
- Immediate correction
- Suspension of bus privileges
- Request for parent conference
- Loss of co-curricular privileges
- Detention before or after school
- Denial of privileges
- Restriction
- Probation
- Temporary removal from class or activity (24 hours or less)
- Referral to outside agencies, including Juvenile Court
- Compensatory or commensurate services equal to the infraction, such as restoring property
- Short-term, interim, or long-term suspension
- Expulsion
In Fairbanks North Star Borough School District, initiations into school-sponsored and non-school-based groups are also prohibited without prior approval. To get an initiation process approved, the group must have an adult sponsor who submits the request on the group's behalf. This process eliminates any potential for hazing against students. The district also explicitly bans hazing, which it considers any “behavior or pattern of behavior directed at one or more specific individuals which persecutes, harasses, humiliates, degrades, or endangers the physical safety of the individual.”
The potential penalties for hazing in Fairbanks North Star Borough School District are:
- In-school suspension of less than three days
- Out-of-school suspension of between 1-10 days, depending on the number of hazing offenses previously committed
- Recommendation for long-term suspension (more than ten days)
- Recommendation for expulsion for an indefinite period of time
Hazing Disciplinary Process
Hazing is a serious offense at most Alaska high schools, so the punishments can be severe. The penalty is usually suspension, although if it's a grave violation, it could lead to expulsion. Alaska state law states that any behavior that is “inimical to the welfare, safety, or morals of other pupils or a person employed by or volunteering at the school” is grounds for suspension. Bullying and hazing typically fall under this definition, meaning schools have a legal basis to suspend your child if they're accused of hazing.
Keep in mind that if the school wants to exclude your child from their school environment for more than ten consecutive school days, they must give your child a formal presentation of the charges against them and a chance to refute those charges. Generally, schools must also make a good-faith attempt to notify you if they want to suspend your child.
The three school districts mentioned above—Anchorage Schools, Matanuska-Susitna Borough, and Fairbanks North Star Borough—all have a due process guarantee for accused students in their discipline policies. We'll go through what a typical disciplinary process would look like for a student accused of hazing using these three districts' policies as examples.
Informal Hearing
At all three school districts, students can have a hearing if their school wants to impose a long-term suspension (between 10 days and one year), expulsion, or alternative placement. At Anchorage Schools, students who are given a short-term suspension (less than ten days) also have the option of requesting an informal hearing. The hearing request must be submitted in writing within five days of receiving notice of the short-term suspension. At the informal hearing, students and parents or guardians can make their case before either a neutral individual or disciplinary committee. You're not allowed to have counsel present with you at the informal hearing. Two days after the informal hearing, a final decision concerning the short-term suspension is announced, with no opportunity for further appeal.
Formal Hearing
For long-term suspensions, expulsions, and alternative placements, all three districts guarantee students a formal hearing if they wish to have one. Some districts provide this hearing automatically and some require students or parents to request it after receiving written notice of the intention to suspend long-term or expel. The superintendent presides over the hearing and the student may be represented by counsel. Students or their attorneys can present evidence and question witnesses at the formal hearing.
Within five school days of the hearing, the superintendent makes their decision to uphold, modify, or repudiate the proposed disciplinary action. If the action is expulsion, the matter must be sent to the school board for approval. In Alaska, schools cannot expel students without getting the permission of their school boards.
At Anchorage Schools, the right to a formal hearing applies to disciplinary actions prohibiting attendance at school-sponsored extracurricular programs or activities in addition to long-term suspension, expulsion, and alternative placement.
Appeals
Anchorage Schools and Matanuska-Susitna Borough allow students and parents to appeal the superintendent's decision within five days of the formal hearing. The appeal goes to the school board, which schedules an appeal hearing. Students, parents, and their attorneys can attend the appeal hearing to present any new evidence.
Within five days of the appeal hearing, the school board must make a decision to either uphold, reverse, or modify the disciplinary action or recommendation. The Anchorage Schools board can also ask students to fulfill certain conditions to avoid having the proposed penalty.
As you can see, the disciplinary process for students accused of hazing can be long and complex. If you're unfamiliar with your school board's policies, you may not realize your child has the right to a formal or informal hearing or how to appeal a decision from the superintendent. At the Lento Law firm, our Student Defense Team can walk you through the process step-by-step, ensuring that your student exercises their full rights and gets a just disciplinary process.
Long-Term Effects of a Hazing Accusation
When students are accused of hazing, the repercussions can extend far beyond school discipline. They may be excluded from sports and extracurricular activities, which can lead to social isolation and hinder their emotional and social development.
Having a hazing offense on their record can also create significant obstacles for future opportunities, such as college admission or employment. While some colleges may still accept students with hazing accusations, they might withhold scholarships, making it difficult to afford tuition.
In addition, students may face ongoing challenges in their careers, particularly in fields that require professional licensing, such as healthcare, education, and law. These consequences can have a lasting impact, even if the allegations are eventually proven false. Many high school students worry about the possibility of false accusations, often stemming from strained relationships or the pressure to succeed. Given these potential outcomes, it is crucial for schools to address hazing allegations promptly and fairly, ensuring that accused students have the opportunity to clear their names.
Our Student Defense Team Can Help Your Family
If your child has been accused of hazing at a high school in Alaska, it's important to seek professional assistance rather than facing the situation alone. The school's disciplinary process may not fully adhere to the principle of "innocent until proven guilty," and they may require only minimal evidence to build a case against your child. To ensure the best possible outcome, consider working with the Lento Law Firm Student Defense Team. We provide essential support to families and students in Alaska by:
- Gathering evidence and obtaining witness statements to strengthen your defense.
- Assisting with the preparation of a response to the accusations and accompanying you to any meetings or hearings.
- Negotiating on your behalf with the school's disciplinary authorities.
- Protecting your right to appeal, even if it involves pursuing further legal action.
Throughout the disciplinary process, the Lento Law Firm will be there to guide and support you and your child as you navigate the hazing allegations. We understand the stress this situation can cause for your family and are committed to providing a robust defense. By working with us, your family can focus on your daily lives without the added burden of defending against a hazing accusation.
To learn more about how we can assist you, call 888-535-3686 or fill out our contact form, and one of our team members will reach out to you.
