Most people associate hazing with college students. They imagine fraternities or sororities mistreating students before they're allowed to join or college sports teams putting new members through dangerous “initiations.” Institutions of higher education are tough on hazing because it's been a problem for many years and because hazing incidents draw a lot of media attention. But it's not just colleges that take hazing seriously—high schools punish hazing harshly, too.
In Colorado, schools can be quick to punish students accused of or associated with hazing. Despite school policies stating what the disciplinary procedure for hazing accusations is, and despite state laws dealing with bullying and intimidation, high schools decide to take swift, harsh action against the accused in order to close the matter and draw as little attention as possible. No school administration wants to be seen allowing its students to be harmed or humiliated without taking any action.
If your child gets accused of hazing at their Colorado high school, you might find that they haven't been given the proper right to defend themselves. At the Lento Law Firm, we understand how frustrating this situation can be. Our Student Discipline Defense Team can be your ally and help you deal with school administrators. We're ready to defend your student's right to a fair disciplinary process. To learn more about how we can help, call 888-535-3686 or fill out our consultation form, and we'll contact you.
Colorado State Hazing Laws
Colorado law defines hazing as “any activity by which a person recklessly endangers the health or safety of or causes a risk of bodily injury to an individual for purposes of initiation or admission into or affiliation with any student organization.”
The law also provides examples of hazing, including but not limited to:
- Forced and prolonged physical activity
- Forced consumption of any food, beverage, medication, or controlled substance, whether or not prescribed, in excess of the usual amounts for human consumption
- Forced consumption of any substance not generally intended for human consumption
- Prolonged deprivation of sleep, food, or drink
School boards in Colorado use this definition to guide their hazing policies. However, most high schools won't report hazing to law enforcement and will instead impose their own discipline on students they find responsible for hazing violations. For this reason, contacting a local criminal defense attorney isn't a wise move if your child is accused of hazing at their high school. You're better off with the Student Discipline Defense Team at the Lento Law Firm as we're better-equipped to deal with school administrators.
Colorado Bullying Laws
In addition to criminalizing hazing, Colorado law also prohibits bullying in public schools. Bullying is “any written or verbal expression, or physical or electronic act or gesture, or a pattern thereof, that is intended to coerce, intimidate, or cause any physical, mental, or emotional harm to any student.”
Schools are also required to educate faculty members about bullying and cyberbullying, as well as implement a school-safe plan that includes a discipline code. The discipline code must be “concisely written” and enforced “uniformly, fairly, and consistently for all students.” Schools must provide a copy of the discipline code to each student upon enrollment and keep a copy on file.
If a school disciplinary code guarantees a fair process for accused students, your child's school must adhere to it when punishing your child for hazing. If the school ignores its own policies, you can hold it to account. Our Student Discipline Defense Team can help you deal with your child's high school.
How Do Colorado High Schools Handle Hazing?
Penalties and disciplinary processes for students accused of hazing differ by district. State law doesn't require K-12 public schools to have a policy concerning hazing, only bullying. Denver Public Schools, for example, doesn't consider hazing an offense that merits automatic expulsion. Expulsion is a possibility, but incidents must be reviewed on a case-by-case basis.
Cherry Creek Public School District, which serves Foxfield, Glendale, most of Cherry Hills Village, parts of Greenwood Village, and Englewood, has an intimidation, harassment, and hazing policy that defines these behaviors as:
- Engaging in physical contact that results in bodily harm (assault)
- Subjecting another person to physical contact, including but not limited to striking, shoving, or kicking, in a manner that constitutes a real or perceived threat of physical or emotional harm
- Directing obscene comments or gestures at another person
- Insulting, taunting, or challenging another person
- Following a person in a manner which causes fear, concern, or alarm
- Threatening another person with physical harm
- Forcing prolonged physical activity
- Forcing excessive consumption of any substance
- Forcing prolonged deprivation of sleep, food, or drink
- Any other behavior which recklessly endangers the health or safety of an individual
Douglas County Public Schools, which caters primarily to Castle Rock and the surrounding areas, groups hazing incidents under “gang-related behaviors and dress” in its code of conduct. Incidents involving hazing are “activities of group affiliations which are likely to cause bodily danger, physical harm, personal degradation, or disgrace resulting in physical or mental harm to students or staff.” A hazing offense can be punished by a suspension, expulsion, or both.
As you can see, each district has a slightly different policy and definition when it comes to hazing incidents. You should familiarize yourself with your school district's policies, as well as your child's school conduct code, to understand how school administrators can interpret certain actions as hazing and what the potential consequences for your child are.
Disciplinary Investigations and Hearings for Hazing
For serious offenses like hazing, most high schools in Colorado have a formal procedure in place. If a high school wants to give a student an out-of-school suspension or even expel them, the student must be given notice and a chance to defend their actions before the penalty is approved.
As far as reporting hazing goes, there's usually no process—school administrators can learn about alleged incidents from students, parents, faculty, or even anonymous reports. While this kind of reporting process might seem to make things easier for those reporting the incident, it can lead to a higher rate of false accusations.
If the alleged incident appears to involve several potential perpetrators, the school might launch an investigation, as was the case at South High School in 2019. These investigations involve gathering evidence and potentially interviewing the students who were supposedly involved. The goal is to determine not only if the alleged incident occurred but also if it meets the school district's definition of “hazing.”
Once the investigation—if there is one—is over, accused students are notified and summoned to a meeting or informal hearing to discuss the matter. This meeting might take place with a school principal or another school official in charge of student discipline. Parents are usually invited to this meeting as well.
Keep in mind that if the punishment for hazing isn't as severe as suspension or expulsion, the school may be able to take action without providing your student with a hearing. If they want to give your student a detention, for example, or an in-school suspension, they may be able to do so without notifying you first.
For example, in Jefferson County Public Schools, which includes Lakewood, Golden, Conifer, Wheat Ridge, and surrounding cities, hazing is considered “recklessly endangering the health or safety of another for the purpose of initiation into or affiliation with a student organization.” The district recommends between 1-3 days of out-of-school suspension for hazing. Before a student can be suspended, the school must follow an official procedure set out in district policies:
- Notice: The student and their parents or guardians must be given notice of the allegation, which includes a statement of the charges and the basis for the allegation.
- Informal hearing: The student cannot be removed from school until they've had an informal hearing with the school principal or designee.
- Suspension notification: If the student is suspended, parents must receive a formal notification stating the duration of the suspension and a time and date for a readmittance conference.
- Removal from school grounds: The student must leave school grounds immediately after the school transfers custody to their parent or guardian.
- Readmittance conference: Students must have a conference with the principal or another school administrator before they can come back to school.
- Makeup work: Students must be allowed the opportunity to make up any schoolwork they missed during their suspension.
- Appeals: A student or a student's parents or legal guardians can appeal a suspension decision to the community superintendent, who will review the appeal and discuss the matter with the principal. The community superintendent's decision is final.
It can feel intimidating to go up against school officials. Neither you nor your child should have to handle the school principal and superintendent alone. Our Student Discipline Defense Team can prepare you and your student for all meetings with school administrators and assist you with the appeal. For a hazing case like this one, you don't want to rely on a local defense attorney, as they won't have the familiarity with school procedures and education law needed. The Lento Law Firm helps students in similar situations all the time across Colorado and nationwide. We're equipped to handle your case and provide a strong defense.
Long-Term Impacts of Hazing Accusations
Students who are found responsible for hazing may face negative repercussions that extend beyond school discipline, regardless of whether or not they get expelled. In addition to potentially being separated from their peers and teachers, they may also have a harder time being accepted to colleges or finding employment. They might also lose out on scholarships or grants, making it difficult to pay for college tuition.
In addition to academic decline, students might also be prohibited from participating in extracurricular activities. This action cuts them off even further from friends and peers and can lead to them filling their free time with less-than-savory activities.
Once students finish their education and try to enter the workforce, they may still come up against challenges related to hazing. Professions that require licensing, such as healthcare, education, or law, might not look favorably upon a hazing incident in your child's past.
Hazing allegations can have long-lasting consequences, even if your student was involved in a situation that was mishandled. False accusations, which can stem from strained relationships or pressure to succeed, are a legitimate concern for some high school students. Schools, therefore, try to address hazing promptly, but rushing to judgment can potentially lead to unfair procedures for those who are accused.
How the Lento Law Firm Can Help
If your child is a Colorado high school student who is being accused of hazing, it's not advisable to defend yourself alone. The school's disciplinary process does not guarantee that your child will be presumed innocent, and they only need to meet a low standard of proof to make their case against you. To ensure the best possible outcome, seek the assistance of the Lento Law Firm Student Defense Team.
While you may have seen advertisements from local trial lawyers boasting about their tactics, take a step back and reconsider. The strategies used to handle school discipline are quite different from those used in a courtroom. With less strict standards of evidence, shorter timeframes for gathering evidence, and limited opportunities for recourse, it's crucial to have a team that can handle your case delicately and keep your child focused on their studies rather than being tied up in court for months or even years.
The Lento Law Firm Student Defense Team is a valuable asset for Colorado families because:
- We gather evidence and obtain witness testimony to support your defense.
- We prepare a response to the allegations and help you get ready for the hearing or meeting.
- We negotiate with the school's disciplinary authorities.
- We ensure that your rights to appeal are fulfilled, including taking the case to further litigation if necessary.
Call the Lento Law Firm for Hazing Defense in Colorado
Don't take any unnecessary risks with your child's academic future. If they're facing hazing accusations at their Colorado high school, we're here to protect their rights and help your family achieve the most favorable outcome possible. Call the Lento Law Firm today at 888-535-3686 or send us your information via our online form, and we'll get back to you.
