Hazing is often associated with college students rather than high school students. This issue has long been a concern for institutions of higher education due to the significant media coverage it receives. However, it's not just colleges that take hazing seriously—high schools also have strict consequences for this type of behavior.
In Florida, schools are quick to punish students who are accused of or involved in hazing. Despite having clear policies and state laws addressing hazing, bullying, and intimidation, high schools often take swift and severe action to avoid negative publicity. No school wants to be seen as tolerating harm or humiliation towards its students.
If your child is accused of hazing at a high school in Florida, you may find that they're not given a fair chance 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 fight for your child's right to a fair process. To learn more about our services, please contact us at 888-535-3686 or fill out our consultation form and we will be in touch with you.
Florida State Hazing Law
Florida state law defines and criminalizes hazing. It's considered “any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student.” Whether an action or situation is considered “hazing” depends on the context. Any initiation into, admission into, affiliation with, or perpetuation of a tradition or ritual of any organization operating under the sanction of a postsecondary institution is a context for hazing.
The law also lists some examples of hazing:
- Pressuring or coercing the student into violating state or federal law
- Brutality of a physical nature, such as whipping, beating, branding, or exposure to the elements
- Forced consumption of any food, liquor, drug, or other substance
- Forced physical activity that could adversely affect the physical health or safety of the student
- Any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment
This law, known as “Andrew's Law,” is primarily geared toward colleges and universities, not high schools. However, many Florida school boards base their definitions of hazing on this state law and use it as a guideline for their own hazing policies.
Florida Anti-Bullying Law
Florida state law requires all school districts to adopt an official policy prohibiting bullying and harassment. The Florida Department of Education defines bullying and harassment as “systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees that is severe or pervasive enough to create an intimidating, hostile, or offensive environment or unreasonably interfere with the individual's school performance or participation.”
The law also lists examples of bullying:
- Teasing
- Social exclusion
- Threat
- Intimidation
- Stalking
- Physical violence
- Theft
- Sexual, religious, or racial harassment
- Public or private humiliation
- Destruction of property
- Cyberbullying
The Department of Education has a model anti-bullying policy that school districts must follow closely. Some important elements that the district's bullying policy must include are:
- The consequences for wrongfully and intentionally accusing someone else of bullying
- A procedure for receiving reports of alleged acts of bullying or harassment
- An investigative process following complaints of bullying
- A procedure for notifying parents immediately if a student has been accused of bullying
- Publishing the anti-bullying policy in the school code of conduct
Your child's school district is required by law to have a policy that deals with bullying and harassment—and that policy is supposed to be implemented fairly for all students. If your student gets accused of bullying, hazing, or harassment and their school tries to handle it outside of the policy, you should take action. The Student Defense Team at the Lento Law Firm can help you hold your child's school to account and ensure they get a fair process if they're accused of wrongdoing.
How Do Florida High Schools Handle Hazing?
Florida school districts follow state law concerning hazing, and many include hazing as part of their anti-bullying policies. Hazing is, therefore, usually punished the same way as bullying or harassment at most Florida high schools.
The Miami-Dade County Public Schools' policy against bullying and harassment uses the same definition for hazing as state law and closely mirrors the Department of Education's model policy. The district's Code of Student Conduct also states which penalties students may face if found responsible for hazing:
- Contacting a parent or guardian
- Student conference
- Assignment to an alternative education setting for 1-10 days
- Permanent removal from class and reassignment to a different class
- Suspension
- Recommendation for expulsion
- Referral to an outside agency or provider
- Restorative justice program
- Student court
- Detention
- Reprimand
- Prohibition on participating in social or extracurricular activities
- Replacement or payment of any damaged property
- Behavior plan
- Student contract
- Participation in a counseling session
The school must also contact the Miami-Dade Schools Police if a student is accused of hazing. The school's police will determine if the incident results in an information report or requires other police actions.
At Hillsborough County Public Schools, hazing is considered a “Level 2” infraction or major act of misconduct that disrupts school order and threatens the health, safety, and property of others. Students found responsible for hazing may receive:
- A meeting with the Office of Student Engagement
- A safety plan
- A threat assessment
- A requirement to pay restitution if applicable
- A referral to student services personnel
- 10-day out-of-school-suspension
All Hillsborough schools are required to investigate all complaints of bullying, harassment, and hazing before taking disciplinary action.
Disciplinary Procedures for Hazing
Hazing is a serious offense in Florida high schools, so most follow a formal procedure for dealing with hazing complaints. State law requires schools to investigate all complaints of hazing, bullying, and harassment, no matter how serious they are. Even if the school wants to impose a minor offense, such as detention, it cannot do so without following proper investigative procedures. It's important to keep this in mind as a parent. If your child's school receives a complaint about hazing, the school cannot simply take immediate disciplinary action—unless the safety of other students or faculty is at risk. Your child has the right to an investigation first. If the school wants to impose a long-term suspension or even expel your child, then they must be given the opportunity to defend themselves.
Reporting
Florida's bullying and harassment law has a set procedure for reporting incidents of hazing. At each school, the principal is responsible for receiving complaints and can either report in-person or anonymously. Miami-Dade County Public Schools has an Anonymous Bullying Report Form that anyone can fill out online, for example. Each school in the district is also required to have an Anonymous Reporting Box for parents and students to use. Miami-Dade's policy forbids taking formal disciplinary action on the basis of an anonymous report alone. There must still be a full investigation of the hazing complaint. As soon as the complaint is processed and the investigation starts, the school principal must also notify the parents of the accused student and the alleged victim.
Investigations
Hillsborough County Public Schools requires all schools to conduct an investigation of any complaint received for bullying, harassment, or hazing. The district's Code of Conduct states which facts should be gathered in an investigation, such as:
- A description of the incident and how it occurred
- Whether this incident is part of a recurring pattern of behavior
- The relationship between the parties involved
- The characteristics of the parties involved (i.e. protected classes such as race, gender, sexuality, etc.)
- Whether the alleged perpetrator was in a position of power over the alleged victim
- The number of alleged bullies/harassers/hazers
- Whether there have been other incidents at school involving the same students
- Whether the conduct adversely affected the student's education or educational environment
Once the investigation is over, the investigator determines if there was a violation of the district's bullying policy. They submit a report to the principal with their findings and a recommendation of steps to take to stop the bullying, harassing, or hazing behavior.
Hearings and Appeals
Unless your child's school wants to expel them or suspend them for more than ten consecutive days, it's not required to give your child a hearing. For lesser sanctions, however, many school districts in Florida give parents the option to request a conference with the school principal or to appeal the principal's decision.
In Orange County Public Schools, the process for Level IV offenses (which warrant expulsion) includes a hearing and appeals process:
- The principal speaks with the accused student to notify them of the charges against them, and that expulsion is being considered. The student also has the right to present their side of the story.
- The principal can decide to suspend the student for ten days while the expulsion decision is pending.
- Parents can ask for a conference with the principal to review the evidence the principal used to reach their initial disciplinary decision.
- The school holds a Discipline Team Meeting (DTM). Parents and students can attend the DTM and bring an attorney to represent the student.
- After the DTM and the subsequent disciplinary decision, parents or guardians can request an administrative hearing. The administrative hearing officer can uphold or overturn the decision of the DTM.
- If the hearing officer upholds the decision, parents or guardians can further appeal by requesting a meeting with the Executive Director. The Executive Director reviews the matter, sends a recommendation to the Superintendent, and the Superintendent makes a final, binding decision.
The Consequences of Being Accused of Hazing Violation
Students who are accused of hazing can face significant repercussions that extend beyond school discipline, whether they're expelled or not. In addition to being ostracized by peers and teachers, they may encounter challenges with college acceptance and employment opportunities. The loss of scholarships and grants can also make it difficult to afford tuition fees.
Moreover, a harsh hazing accusation can negatively impact a student's social and emotional development. They might be barred from participating in extracurricular activities, further isolating them from their friends and peers.
Even after completing their education, students may struggle in their chosen career paths 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-term consequences, even if the situation was mishandled. False accusations, which may arise from strained relationships or pressure to succeed, are a genuine concern for many high school students. While schools have a responsibility to address hazing concerns promptly, they must also do so thoroughly, allowing accused students an adequate chance to clear their names.
How Can a Student Defense Team Help?
If your child attends a high school in Florida and is facing hazing accusations, it's important not to handle the situation on your own. School disciplinary procedures do not guarantee that your child will be presumed innocent, and the school only needs to meet a low standard of proof to build a case against your child. To ensure the best possible outcome, seek assistance from the Lento Law Firm Student Defense Team.
Our firm is a crucial resource for Florida students and their families because:
- We gather evidence and obtain witness statements to support your defense.
- We assist in preparing a response to the allegations and help you get ready for any hearings or meetings.
- We negotiate with the school's disciplinary authorities on your behalf.
- We protect your right to appeal, even if it means pursuing further legal action.
The Lento Law Firm Team will stand by your side during the disciplinary process. We'll provide guidance and support as you and your student deal with an accusation of hazing. We understand how stressful it can be both for your student and your family when the school wants to discipline your child. You shouldn't let this issue take over your life—and your child should be able to keep focusing on schoolwork. Working with our team allows you both to live your daily lives without the burden of defending a hazing accusation hanging over you.
Call our offices today at 888-535-3686 or fill out our contact form with your information and a member of our team will reach out to you.
