You don't usually think of high school students when you think of hazing. It's received so much media attention at the postsecondary level that most people don't assume hazing is a problem for high schoolers. However, high schools also take hazing seriously and have strict consequences for such behavior.
In California, schools are swift to discipline students who are accused of hazing. Despite having clear policies and state laws concerning hazing, bullying, and harassment, high schools often take quick and severe action to avoid negative publicity. No school wants to be perceived as allowing harm or humiliation towards its students.
If your child is accused of hazing at a high school in California, you may find that they're not given a fair opportunity to defend themselves. At the Lento Law Firm, we understand the frustration of this situation and are here to support you and your child. Our team represents students in disciplinary cases and will fiercely advocate for your child's right to a fair process. To find out more, reach out to us at 888-535-3686 or fill out our consultation form, and we'll contact you.
Hazing Laws in California
California has a law against hazing, which makes it a crime. The law defines hazing as “any method of initiation or preinitiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in this state.”
Unlike some other states, which limit hazing to postsecondary education, the California hazing law extends to any educational institution, including high schools. Specifically, California's Education Code states that students can be suspended or expelled for hazing. State law also dictates how suspension and expulsion procedures should be handled by schools and school boards. For the most part, schools handle hazing via student disciplinary processes without involving law enforcement.
California's Anti-Bullying Laws
California's law states that students can be suspended or expelled for bullying as well as for hazing. The law defines bullying as “any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils.” Bullying includes sexual harassment, hate violence, harassment, threats, or intimidation.
Bullying in California also includes:
- Placing a reasonable pupil or pupils in fear of harm to themselves or their property
- Causing a substantially detrimental effect on a pupil's physical or mental health
- Substantial interference with a pupil's academic performance
- Substantial interference with a pupil's ability to participate in or benefit from services, activities, or privileges provided by the school
School districts in California are also required to create anti-bullying policies and programs. They have to provide resources for teacher training and are also encouraged to involve parents in anti-bullying efforts.
Schools don't have a lot of flexibility when it comes to disciplining students for hazing and bullying. The California Education Code is clear about the disciplinary process and accused students' rights. Unlike in other states, it's not left up to individual school boards. Schools shouldn't, therefore, be allowed to act independently and penalize an accused student without following the proper procedures. At the Lento Law Firm, our Student Defense Team can help ensure your child gets a fair process. We'll identify the key policies in your district that pertain to hazing and hold your child's school to account.
How California High Schools Handle Hazing Accusations
California school districts generally follow state law concerning hazing; they use the same definition, but they typically ask schools to investigate and penalize hazing rather than involve law enforcement. State law also has strong protections for accused students, allowing only the state Board of Education to officially issue expulsion orders. School boards are asked to follow a strict disciplinary process before they can recommend serious sanctions against students, including expulsion and long-term suspension.
Los Angeles Unified cites the same definition of hazing as state law but also expands upon it to include more details, such as:
- Parent permission or consent by a person being hazed does not lessen the prohibitions.
- The hazing policy applies to hazing behavior that occurs on or off school property and during and after school hours with school-affiliated groups such as sports teams.
- No district employees can plan, direct, encourage, condone, aid, or engage in hazing.
In Elk Grove Unified School District, the penalties for hazing vary depending on whether it's a first, second, or third offense. A student should only be suspended for hazing on a first offense if their presence causes a danger to other persons; school administrators must consider other actions, such as referring the student to a Student Support Center. For a second hazing offense, students can be suspended for 2-4 days. If a student is accused of hazing and it's their third hazing offense, they can have a 3-5-day suspension and possible recommendation for expulsion.
Disciplinary Procedures for Hazing at California High Schools
Since hazing is a serious offense, most schools follow a formal process for dealing with it. However, the formality of the disciplinary procedure usually depends on the penalty the school wants to impose. If the school wants to give the student a detention or in-school suspension, for example, it may not necessarily be bound by district policies or state laws.
Reporting
The reporting process for hazing incidents isn't formalized at the high school level like it is for most higher education institutions in California. Many colleges and universities have an official channel for reporting hazing, but at high schools, it's usually just teachers, principals, or staff who take complaints about hazing. Those reporting the hazing can usually stay anonymous as well.
While not revealing the accuser's identity might seem like it offers them protection, it can also have a disastrous effect on the accused. Students may be falsely accused of hazing as a form of retaliation or antagonization. There might also be a misunderstood incident that results in a hazing accusation. If your child has trouble with a classmate or a sports coach misinterprets what they see in the locker room, they can easily be accused of hazing without proper cause. Once the accusation is made, it's up to the school and the district to take the complaint seriously and investigate properly so that your child has due process.
Investigation
For more serious hazing incidents or incidents that involve a large number of students, schools might conduct full-scale investigations. Either a school official is tasked with interviewing witnesses and gathering evidence, or the school hires an external party to conduct the investigation. The goal is to determine if the hazing incident took place and if it meets the legal definition of hazing.
An investigation isn't always required, however. If a school wants to recommend a student for expulsion, it will need to gather evidence and build an argument for an expulsion hearing. For short-term suspensions or lesser punishments, however, schools aren't required by the California Education Code to conduct investigations. Some districts, such as Elk Grove Unified, require administrators to collect witness statements before making a decision following an alleged hazing incident.
Expulsion and Suspension Procedures
In California, students cannot be expelled by their schools or superintendents; only the state Board of Education can order a student to be expelled. Individual school boards must send an expulsion recommendation first, which the Board of Education considers and decides on. State law dictates an automatic expulsion recommendation for possessing a firearm, brandishing a knife at someone else, selling drugs, sexual assault, or possession of an explosive. Unless the hazing accusation involves any of those five elements, superintendents must determine if the child presents an ongoing danger to themselves or other people before issuing an expulsion referral. Once it's issued, there's an investigation and Expulsion Review Panel.
Expulsion Hearings for Hazing
Fresno Unified states the discipline process clearly for students who are to be suspended or expelled because of hazing:
- If the student isn't recommended automatically for expulsion due to one of the five reasons above, the school places the student on a five-day suspension.
- The student and their parents or guardians have a meeting in the Student Discipline Office, where the student hears the charges against them and their rights. At this point, the student or parent can choose to either have an expulsion hearing or sign a waiver agreeing to the terms of the expulsion.
- The expulsion hearing must take place within 30 school days of the meeting, and written notice must be given at least ten days prior. You can have an attorney represent your child at this hearing.
- The hearing panel will listen to arguments from both sides and send a recommendation to the Board of Education, which has the final decision.
You and your child shouldn't have to handle the disciplinary process on your own. If you're unaware of the school's legal requirements concerning discipline, you may not know how to protect your child's rights if they're accused of hazing. At the Lento Law Firm, our Student Defense Team is familiar with California education law, and we can help you build a strong defense for your child. We'll also use the school board's policies to ensure that your child gets fair treatment if they're accused of hazing.
Hazing Accusations Have Long-Term Consequences
Being accused of hazing can have serious consequences for students, regardless of whether they get expelled or not. It can lead to social exclusion from peers and teachers, as well as difficulties with college admissions and job prospects. Losing scholarships and grants can also make it challenging to afford tuition fees.
A hazing accusation can harm a student's emotional and social development. They may be restricted from participating in extracurricular activities as a punishment, causing further isolation from their peers. Even after graduating, students may face challenges in their chosen careers due to their involvement in hazing. Professions that require licensing, such as healthcare, education, and law, often view hazing incidents unfavorably.
Hazing allegations can have long-lasting effects. False accusations are a genuine concern for many high school students, as they can arise from strained relationships or pressure to succeed. While schools have a responsibility to address hazing promptly, they must also do so thoroughly, giving accused students a fair opportunity to clear their names.
The Lento Law Firm Student Defense Team Can Help
If your child is facing hazing allegations at their California high school, don't try to handle the situation alone. The school's disciplinary procedures may not presume your child's innocence and only require a low standard of proof to build a case against them. To increase your chances of a favorable outcome, seek assistance from the Lento Law Firm Student Defense Team.
Our firm is a valuable resource for California students and their families because:
- We gather evidence and obtain witness statements to support your defense.
- We help you prepare a response to the accusations and get ready for any hearings or meetings.
- We negotiate with the school's disciplinary authorities on your behalf.
- We uphold your right to appeal, even if it means pursuing further legal action.
The Lento Law Firm will stand by your side throughout the disciplinary process. We offer guidance and support as you and your child navigate a hazing accusation. We understand the stress that this situation can cause for your family. Let us handle the legal aspects so that you and your child can focus on daily life and schoolwork without the weight of defending against hazing allegations.
Call us today at 888-535-3686 or submit your information via our online form and we'll get back to you to set up a consultation.
