Hazing is often associated with college students rather than high school students. It's partly due to the attention hazing gets in the media, which places a spotlight on universities and colleges. However, high schools also take hazing seriously and implement strict consequences for such actions.
In Delaware, schools punish students accused of hazing swiftly, even though they have clear policies that protect the students' due process rights. No high school wants to be seen as condoning harm or humiliation towards their students, so they take quick actions to prevent word from getting out about the hazing.
If your child is facing allegations of hazing in a Delaware high school, they may not have a fair opportunity to defend themselves. At the Lento Law Firm, we understand the frustration families feel when a student is accused of hazing. Our Student Defense Team represents students in disciplinary cases in Delaware and across the country, and we'll advocate for your child's right to a fair process. To reach us, call 888-535-3686 or complete our consultation form, and we will be in touch with you.
Delaware Hazing Law
Hazing is illegal in Delaware. The definition primarily applies to institutions of higher learning, and not necessarily K-12 schools, but high schools still take inspiration from the state hazing law. Delaware also forces institutions to prohibit hazing and implement penalties for those found guilty of hazing violations.
Delaware state law defines hazing as “any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student or which willfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any organization operating under the sanction of or recognized as an organization by an institution of higher learning.”
It also provides examples of hazing, which includes:
- Whipping
- Beating
- Branding
- Forced calisthenics
- Exposure to the elements
- Forced consumption of any food, liquor, drug, or other substance
- Other forced physical activity that could adversely affect the physical health and safety of the individual
- Sleep deprivation
- Forced exclusion from social contact
- Forced conduct, which could result in embarrassment
- Any other forced activity which could adversely affect the mental health or dignity of the individual
- Willful destruction or removal of public or private property
It doesn't matter if the person subjected to the hazing gives their consent. It's still against the law.
Delaware Anti-Bullying Law
Delaware also prohibits bullying at schools. Each school district and charter school is required by law to have an anti-bullying policy and a procedure for investigating bullying incidents in a timely manner. Schools are allowed to determine their own penalties for bullying and have some leeway in deciding on the process for handling bullying reports. It's worth noting that schools are not allowed to take disciplinary action for bullying based solely on an anonymous report.
State law defines bullying as “any intentional written, electronic, verbal, or physical act against another student, a school district or charter school volunteer, or a school district or charter school employee” that a reasonable person believes has one of the following effects:
- Placing a student or another individual in reasonable fear of substantial harm to their physical well-being or substantial damage to their property
- Creating a hostile, threatening, humiliating, or abusive educational environment due to the pervasiveness or persistence of the bullying actions
- Interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits
- Perpetuating bullying by inclining, soliciting, or coercing an individual or group to demean, dehumanize, embarrass, or cause emotional, psychological, or physical harm to another student
Bullying and hazing are often grouped together and handled in the same manner. A high school student accused of hazing may have to face the school's punishment for bullying.
How Do Delaware High Schools Handle Hazing?
Most Delaware high schools don't tolerate hazing and implement severe punishments for students who are found responsible for hazing. Suspension is a typical penalty for hazing, but your child's school may also try to expel them or have them removed to an alternative educational environment if the charge is serious enough.
Red Clay Consolidated Schools, which serves Wilmington and the surrounding areas, defines hazing in its Student and Family Handbook: “Hazing is an act that subjects a student to potential harm and is affiliated with initiation into a student organization or team. Hazing may involve an act committed against a student or a situation in which a student is coerced into committing an act.” Hazing is considered a Level 3 or 4 offense, depending on the severity. The penalties for hazing are wide-ranging and can include:
- Reprimand
- Work assignment
- Class or schedule change
- Parent contact
- Temporary removal from class
- Suspension of privileges
- Restitution
- Detention
- In-school suspension
- Parent conference
- Suspension of between 1-10 days
- Extended suspension of 11 days or more
- Denial of driving privileges
- Denial of bus transportation for between 1-10 days
- Referral to an alternative education program
- Expulsion
Appoquinimink School District, which is based in Middletown, Townsend, and Bear, has a Student Code of Conduct that also prohibits hazing. It's considered a form of harassment by the school district and defined as any activity that “Recklessly or intentionally endangers the health or safety of the other person and is affiliated with initiation into a student organization or team.” For high schoolers, this kind of offense is a Step 4, Step 5, or Step 6 violation (the range is from Step 1 to Step 8, with Step 8 being the most severe).
The punishments that can result from hazing in Appoquinimink School District include:
- Referral to the school administrator
- Out-of-school suspension of between 1-3 days
- Saturday detention
- Student conference
- Restitution
- Loss of privileges
The school must also notify parents or guardians of the alleged hazing and the proposed punishment. Students are also guaranteed due process rights before they can be suspended for hazing in Appoquinimink School District.
As you can see, the process differs slightly for each school district. You should familiarize yourself with your district's policies, so you know what you're up against if your child gets accused of hazing. The Student Defense Team at the Lento Law Firm can also offer guidance and support as you deal with the school principal or superintendent.
What to Expect from the Hazing Disciplinary Procedure
Depending on the penalty a school wants to impose on a student for hazing, they may have to follow due process rules. For a penalty such as a conference or referral to student services, the school doesn't have to contact you and doesn't have to give students a chance to tell their side of the story. For suspensions and expulsions, however, Delaware schools are bound by state law to ensure due process for accused students.
Both Red Clay and Appoquinimink school districts follow Delaware state law concerning student due process. Their codes of student conduct even contain the statutes verbatim. This law ensures that students are treated fairly and not removed from school at the whim of some administrator or principal.
Investigation
If the school principal wants to implement disciplinary action that involves removing a student from the school for one day or more, they must do a preliminary investigation. They have to determine if there is a reasonable basis to pursue disciplinary action. The investigation involves obtaining witness statements, notifying the parent or guardian of the accused, interviewing the person who reported the hazing incident, and interviewing the accused student.
The accused student has the right to know which rules specifically they have broken and to explain their side of the story with evidence to support their argument. The investigation must be completed within three days.
Hearing
If the school wants to impose an alternative program placement or expulsion as the punishment for hazing, they must follow the same preliminary investigation procedures and also hold a meeting or hearing. The meeting is for alternative placements and the hearing is for expulsions.
As a parent or guardian, you must receive written notice of the expulsion hearing before it can take place. You and your child also have the right to see information about the hearing beforehand, such as the names of the witnesses who will be called and the evidence that will be presented. Your child also has the right to be represented by an attorney at this hearing.
Once the hearing is over, the Board of Education receives a hearing report and decides whether to expel the accused student or not.
Appeals
All school districts in Delaware are required to have grievance procedures. If you don't agree with the disciplinary action taken against your child, you can use the grievance procedure in your district to appeal to the next administrative level for review. In the case of a suspension, the next level would be an appeal to the superintendent. To appeal an expulsion, you must fill out a form and send it to the State Board of Education.
If you're dealing with your child's hazing accusation and don't know what the best options are as you navigate the process, you're not alone. Many parents don't fully understand the disciplinary process or how to assert their child's rights. At the Lento Law Firm, our attorneys are familiar with Delaware education law and policies, so we can help you make the best decisions for your child. We'll be by your side at every step in the process.
The Consequences of a Hazing Accusation Can Last a Long Time
When students are charged with hazing, the repercussions can extend beyond just school consequences. They may face exclusion from sports and extracurricular activities, leading to isolation from their peers and hindering their social and emotional development.
Having a hazing offense on their record can create barriers to future opportunities, such as college admission or employment. While some colleges may still accept students with hazing accusations, they may not offer scholarships, making it difficult to afford tuition.
Students may face ongoing challenges in their careers, especially in fields that require licensing, like healthcare, education, and law. These consequences can have a lasting impact, even if the allegations are proven false. Many high school students worry about false accusations due to strained relationships or pressure to excel. For all these reasons, it's crucial for schools to address hazing promptly and handle it fairly, giving the accused students the opportunity to clear their names.
How Can Our Student Defense Team Help?
If your child has been accused of hazing at a high school in Delaware, you should seek assistance instead of handling the situation alone. The school's disciplinary process may not follow the concept of "innocent until proven guilty," and they may only require a small amount of evidence to build a case against your child. To ensure the best possible outcome, work with the Lento Law Firm Student Defense Team. Our firm offers valuable support to families and students in Delaware by:
- Gathering evidence and obtaining witness statements to strengthen your defense.
- Assisting with preparing 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 means pursuing further legal action.
Throughout the disciplinary process, our team at 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 dedicated to providing a strong defense. By working with us, your family can continue your daily lives without the added burden of defending against a hazing accusation.
To learn more about how we can help you, call 888-535-3686 or fill out our contact form with your information, and one of our team members will reach out to you.
