If your child has been accused of hazing another student at school in Arkansas, it's a serious allegation – one that could lead to their mandatory expulsion from school if the school decides there is support for the allegations made against them. And being expelled means more than simply no longer being able to attend their present high school – it's a serious mark on their permanent record that could make applying to college or getting a job difficult.
That's why if your student is facing a hazing allegation, you need the help of an experienced student defense attorney. The Lento Law Firm's Student Defense Team is made up of attorneys with experience helping high school students all across the country – including in Arkansas – defend themselves against hazing and other serious misconduct allegations. Call us today at 888.535.3686 or use our contact link to schedule a confidential consultation with one of our experienced attorneys to learn more about how we can help protect your child's future.
What is Hazing in Arkansas?
Arkansas has a law that prohibits hazing in “any school” in the state. It has a detailed definition of hazing that includes the following types of acts committed by one student against another:
- Any act that is done for the purpose of “intimidating the student attacked by threatening him or her with social or other ostracism” or for the purpose of submitting the target student to shame or disgrace among other students;
- Playing abusive or antagonistic tricks against another student “to frighten or scare him or her;”
- Committing any act against another student “for the purpose of humbling the pride, stifling the ambition, or impairing the courage” of the target student; or that's designed to discourage the target student from staying in school, or that causes the student to leave school in order to avoid the abuse;
- Striking, beating, bruising, or maiming another student, committing any type of physical violence against another student, or threatening to do any of these.
Hazing does not depend on location. It can take place on or off school property. What is important in a hazing situation are the people involved – in most cases, hazing acts are committed by students against other students – and the type of acts that are committed.
Hazing is a crime in Arkansas, a Class B misdemeanor, which could lead to a fine of up to $1000 and a 90-day jail sentence. Students are prohibited by Arkansas law from committing hazing, and anyone who knows about a hazing incident is required by law to report it to “an appropriate administrative official” at the school where the hazing took place.
In addition to the potential misdemeanor conviction, “a student convicted of hazing shall be expelled from the school” the student is attending. Note the word “shall” – that means expulsion is required by Arkansas law in every case where a student is convicted of the crime of hazing.
How Does Hazing Differ From Bullying?
Hazing and bullying are similar in many respects, but in most cases of bullying, the harassment or other actions against the target student are repeated. Bullying often focuses on differences between the target student and other students and seeks to highlight those differences in a way that humiliates the target student, makes them fear for their safety, or interferes with their ability to get an education. Students who are bullied typically don't give their consent to being bullied.
In most hazing situations, on the other hand, the target student wants to be accepted by a group of other students, and one of those students commits the hazing as a sort of “rite of passage” or “ritual initiation” into the group. In some cases, the target student may actually believe they've consented to the hazing and may view the hazing as a “necessary evil” if they are to become part of the group. The hazing may only happen on a single occasion, such as on the first team “road trip” or at a “rookie night” event.
That said, Arkansas prohibits both bullying and hazing, and a student accused of abusing another student may find themselves facing discipline for both bullying and hazing the target student, depending on the acts they've been alleged to have committed.
Where Does Hazing Typically Take Place in High Schools in Arkansas?
We've probably all heard of hazing in the context of college fraternities and sororities, and the Arkansas anti-hazing law applies in those cases. However, the law also applies to high schools, and hazing has been a problem in Arkansas high schools – not just with fraternities or sororities. It can happen any time there is an organized group of students that accepts new members – so with student clubs, organizations, and athletics. These include:
- Music groups, including marching band, orchestra, drumline, and chorus
- Athletic teams, particularly at the varsity level
- JROTC programs
- Speech, debate, drama, Quiz Bowl, eSports, and other clubs, organizations, and activities
- School welcome events for freshmen and new students
There is a danger of hazing any time a school-related group has an “initiation” or “rite of passage” for incoming members, particularly if it involves any kind of physical or mental act that could either physically or mentally harm the incoming student. And having the incoming students consent to the act won't help; this kind of consent is typically disregarded in hazing situations since the targeted students are there because they want to join the group.
Note also that under the Arkansas anti-hazing law, it's not just the students who actually commit the hazing who can be found responsible for it. Students who were aware of the hazing but failed to report it to the school can also be guilty of hazing and suffer the same consequences as the ones who actually hazed the target student.
Why Have High Schools in Arkansas Banned Hazing?
Very simply, Arkansas banned hazing because of the harm it causes to the target students.
Hazing often causes physical injuries and even deaths. Depending on the type of hazing, students may be forced to commit physical stunts such as consuming large amounts of liquids (sometimes alcohol) or foods. Even being forced to drink too much water can lead to fatal water intoxication. Students deprived of sleep experienced mental and physical health problems. Those who were expected to perform extreme physical stunts injured themselves. Being forced to endure humiliating rituals can leave mental scars that can stay with someone for years afterward.
These negatives far outweighed the limited benefits that hazing supposedly provided for new group members who, like other group members before them, were forced to endure whatever the particular hazing ritual was.
Then, there is the possibility of lawsuits. Parents of students who were harmed or who died as a result of a hazing ritual typically sued the schools, and in cases where school officials are found responsible for allowing the hazing to take place, damage awards can be huge.
Finally, of course, schools in Arkansas ban hazing because Arkansas law makes hazing illegal. Formally banning hazing is one way for schools to emphasize that they intend to follow the Arkansas anti-hazing law and won't allow students to haze other students.
What is the Disciplinary Process for High School Students Accused of Hazing in Arkansas?
It's important to note that the Arkansas anti-hazing law's requirement that the school expel a student convicted of hazing only applies if the student is convicted of the crime of hazing. Schools still have the right to enforce their own codes of conduct, separate and apart from what Arkansas law requires.
This means that many hazing cases will be dealt with by the school as a code of conduct violation, with the same procedures that would apply in any other school disciplinary situation. What these procedures are will depend on the school; each school or school district typically has its own system for reviewing allegations of student misconduct, determining whether the student is responsible for the accused misconduct, and sanctioning the student if they're found to have committed the misconduct.
School disciplinary procedures are not the same as criminal trial procedures. Students do not have the same kinds of rights in school discipline situations as defendants accused of criminal behavior. Depending on the severity of the allegation and the potential penalty, the student may or may not be entitled to a hearing. However, with the school acting as both prosecutor and judge, even hearings can be unfair.
What can help in this kind of situation is to be working with an experienced student defense attorney. The Lento Law Firm's Student Defense Team has helped students all across the country, including in Arkansas, defend themselves against allegations of serious misconduct at school. And make no mistake – in almost every case, a hazing allegation is a serious one because Arkansas schools will regularly expel students found to have committed hazing.
Sometimes, schools go too far in ignoring the rights of students accused of misconduct. In these kinds of situations, it may be possible to sue the school or the school district for violating the student's due process rights. The Lento Law Firm's Student Defense Team has experience with these kinds of cases, too, and can advise you if your child's school has violated your child's rights to the point where a lawsuit may be an appropriate step to take.
What Are the Consequences if a High School Student Is Found To Have Committed to Hazing?
Because of the Arkansas law making hazing a criminal act and requiring a student convicted of hazing to be expelled from the school where they committed the hazing, schools will almost always expel a student when the school's own disciplinary process finds that the student has committed a hazing misconduct violation. This can happen even if the accused student's criminal case has yet to be resolved and the student has yet to be convicted.
In most other misconduct cases, schools in Arkansas have a fairly wide range of options when it comes to how they will discipline a student found responsible for misconduct. The problem with hazing is the expulsion penalty in state law, and schools will tend to follow this lead when disciplining a student that the school has found committed to hazing.
The severity of the penalty for hazing is just another reason to have an experienced student defense attorney on your side if your child is accused of hazing misconduct at their Arkansas high school.
Why You Need an Experienced Student Defense Attorney if Your Child is Accused of Hazing in Arkansas
A hazing accusation in Arkansas means your child will be facing two potential risks: one, that their school will discipline them for the alleged misconduct, and two, that they'll be prosecuted by local law enforcement for the misdemeanor crime of hazing. An experienced student defense attorney will help you and your child navigate this potentially dangerous situation.
When dealing with the school misconduct proceeding, an experienced student defense attorney will be able to negotiate with the school based on the evidence that has been gathered in the case and their experience with these kinds of situations to resolve matters as favorably as possible. At the same time, your attorney will keep in mind that criminal cases tend to move more slowly than school disciplinary ones and that what is uncovered or admitted to in the school case can easily be turned over to local law enforcement.
In many cases, schools need to understand that their disciplinary processes are unfair or that even if they appear fair on paper, school personnel may be conducting the process against your child in an unfair way. An experienced student defense attorney will be able to do this, reminding the school of their obligations towards your child so that the misconduct process is run as fairly as possible under the circumstances. Sometimes, your attorney will conduct their own investigation of the allegations because, in many cases, the school's investigation will fail to locate evidence that could help your child's case. And where there is information that changes the school's story or calls the allegations against your child into question, your attorney can negotiate with the school to resolve the matter quickly, fairly, and without a hearing.
The Lento Law Firm Student Defense Team Can Help
The Lento Law Firm's Student Defense Team has helped high school students across the US, including in Arkansas, defend themselves against serious misconduct allegations. We understand the various types of school policies and procedures that apply in hazing misconduct cases and are aware of the effect that the Arkansas anti-hazing law has on these kinds of cases.
Where necessary, we'll conduct our own investigation into the allegations made against your child. We will negotiate with your child's school on their behalf, and if there is a hearing on the hazing misconduct allegations made against your child, we will vigorously defend your child against them. To learn more about how the Lento Law Firm's Student Defense Team can help your child if they've been accused of hazing or other serious misconduct by their Arkansas high school, call us today at 888.535.3686 or use our contact link to set up a confidential consultation.
