Hazing is commonly associated with college students, not high schoolers. It conjures up images of fraternities, sororities, or sports teams, putting new members through humiliating or even harmful initiation processes. This issue has been a concern for higher education institutions for a long time because it garners significant media attention. However, it's not just colleges that take hazing seriously—high schools also have strict consequences for this kind of behavior.
In Georgia, schools are swift to discipline students who are accused of or involved in hazing. Despite clear policies and state laws addressing hazing, bullying, and intimidation, high schools often take immediate and severe action to avoid public scrutiny. No school wants to be perceived as allowing harm or humiliation to its students without repercussions.
If your child is accused of hazing at a Georgia high school, you may find that they're not given the opportunity to defend themselves properly. At the Lento Law Firm, we understand the frustration of this situation and are here to support you and your child. Our team defends students in disciplinary cases and will advocate for your child's right to a fair process. To learn more about our services, please call us at 888-535-3686 or complete our consultation form, and we will reach out to you.
Georgia State Hazing Law
Georgia has a state law that criminalizes hazing—it's a misdemeanor of a high and aggravated nature. The law defines hazing as subjecting “a student to an activity which endangers or is likely to endanger the physical health of a student or coerces the student through the use of social or physical pressure to consume any food, liquid, alcohol, drug, or other substance which subjects the student to a likely risk of vomiting, intoxication, or unconsciousness regardless of a student's willingness to participate in such activity.”
However, this law clearly mentions postsecondary education institutions in Georgia; it doesn't mention high schools. High school hazing incidents are typically prohibited by district policies. As a result, high schools don't typically involve law enforcement following alleged hazing activities unless the activities themselves were illegal by other means. When a student gets accused of hazing at the high school level in Georgia, it usually remains a school disciplinary matter.
Georgia Anti-Bullying Law
Although the state hazing law may not directly affect high schoolers, Georgia's anti-bullying law is targeted specifically at K-12 students. Many school districts lump bullying and hazing together in their student codes of conduct. Bullying is defined as:
- Any willful attempt or threat to inflict injury on another person
- Any intentional display of force that would give a victim reason to fear or expect bodily harm
- Any intentional written, verbal, or physical act that a reasonable person would perceive as a threat, harassment, or intimidation
Threatening, harassing, or intimidating acts that constitute bullying are also defined by the law:
- Causing another person substantial physical harm or visible bodily harm
- Substantially interfering with a student's education
- So severe, persistent, and pervasive that it creates an intimidating or threatening educational environment
- Substantially disrupts the orderly operation of the school.
For actions to be considered bullying, they must occur on school property, on school vehicles, at designated school bus stops, at school-related functions or activities, or through electronic technology provided by a local school system.
All local boards of education in Georgia must adopt an anti-bullying policy and make it available to students and parents. These policies must include how bullying is dealt with and the repercussions for alleged violations.
If your school board has policies addressing hazing and bullying, it must stick to these policies when it comes to discipline. Schools cannot decide to expel a student simply to make the problem of a hazing incident go away. If your child has been accused of hazing at their Georgia high school and you feel their rights haven't been respected concerning disciplinary actions, you should contact the Lento Law Firm's Student Discipline Defense Team. We can help hold your child's school to account.
How Do Georgia High Schools Handle Hazing?
School boards are allowed to address hazing individually since state law doesn't require public K-12 schools to have hazing disciplinary policies. Gwinnett County Public Schools, which covers Peachtree Corners, Duluth, Sugar Hill, Suwanee, Snellville, and the surrounding areas, considers hazing a form of bullying and therefore falls under Georgia's bullying law. For first-time incidents of hazing, a student can receive an out-of-school suspension for 1-3 days. The second offense is 1-6 days, and repeated hazing incidents can lead to 4-10 days of out-of-school suspension.
In Cobb County Public Schools, which serves students and families in Marietta, Kennesaw, Smyrna, and other cities in the northwest Atlanta metro area, hazing is punishable by up to five days of in-school-suspension, up to 10 days of out-of-school suspension, restitution, and a recommendation for a long-term suspension for the remainder of the semester. High schoolers may also have a recommendation for expulsion for the remainder of the current semester and for one additional semester.
According to the student conduct code for Dekalb County Public Schools, which operates in Decatur and cities in the northeast Atlanta metro area, hazing can be punished by 1-3 days of in-school-suspension with an instructional module and out-of-school suspension for 1-5 days, a suspension for 6-10 days with a probationary contract, long-term suspension, or expulsion. Dekalb County Public Schools also groups hazing with bullying and harassment, defining it as “the practice of rituals and other activities involving harassment, abuse, or humiliation used as a way of initiating or raising the rank of a person into a group. Hazing happens regardless of a person's willingness to participate.”
Each district takes a slightly different approach to hazing, but all consider it a serious enough matter to warrant at least an in-school suspension. Keep in mind that if your child's public school wants to exclude them from classes (i.e. out-of-school suspension, expulsion, or alternative placement) for ten consecutive days or more, your child has a federal due process right to a hearing. The school must also formally notify your child of the charges against them before taking exclusive disciplinary action. It's important to read your child's school and district policies to understand what is considered hazing or bullying and how the school is allowed to respond.
Disciplinary Investigations and Hearings for Hazing
Hazing is a serious offense, so most schools have a formal process for dealing with accusations. This process may include a meeting with the principal, a statement of charges, or even a hearing.
When it comes to reporting hazing, high schools don't usually have the same processes that colleges and universities have. Anyone can alert a teacher, principal, or school staff member of a potential hazing incident and can do so anonymously. This flexibility to report alleged hazing incidents can, unfortunately, lead to false accusations. If your child has an argument with a classmate, or the school bus driver misinterprets an incident that happens on the bus, or your child simply gets on a teacher's bad side, they can easily be accused of hazing. Since hazing is a serious offense for most Georgia high schools, it could land your student in a lot of trouble for something that might not even be their fault.
If a hazing accusation is serious enough or involves a large number of students, the school might conduct an investigation. A school official would be tasked with gathering evidence about the alleged incident, potentially interviewing students who witnessed the event or were involved. They'll try to determine if the supposed hazing incident actually took place and if it meets the school district's definition of hazing.
Not every hazing report leads to an investigation, though. Often, accused students are summoned to a meeting or conference with their principal as soon as the hazing accusation is made. This meeting could also take place with another school official in charge of student discipline. Parents may or may not be invited to this meeting, depending on the penalty that's at stake. For in-school suspensions, schools don't necessarily have to contact parents before the punishment takes effect. If the school wants to remove your child from the premises, you must be notified in most cases.
For example, in Fulton County Schools in Atlanta, hazing is considered a “Tier II” offense, which can be punished by in-school suspension or up to five days of out-of-school suspension. The district's code of student conduct has a process for disciplinary violations that all schools must adhere to:
- The school principal or designee will give the student oral or written notice of the charges.
- If the student denies the charges, the school authorities must explain the evidence behind the charges and allow the student to present their side of the story.
- The school administrator imposes discipline, which can include referral to a disciplinary hearing.
- The Discipline Team holds a meeting with the student's parent or guardian within five days of the first day of suspension to discuss the investigation of the alleged event.
- When long-term suspension, expulsion, or alternative placement is recommended, a disciplinary hearing is required. Students are allowed to have legal representatives at hearings.
- Both the school and the student can appeal the decision from a hearing within 20 days of the decision. The Superintendent must approve the appeal; then, the school board will hold an executive session to discuss the appeal, which students can also attend with a legal representative.
- If you don't agree with the board's decision at the executive session, you can appeal to the State Board of Education.
Fulton County Schools has a formal, somewhat complicated disciplinary process. It might not be the same for every district, but it can still feel overwhelming and challenging for school administrators. You and your child shouldn't have to go up against your school alone. Our Student Discipline Defense Team can not only represent your child at hearings, but we can also build a strong defense for them. We can help you make sense of the disciplinary process so you understand exactly what's happening every step of the way.
Long-Term Impacts of Hazing Accusations
Students who engage in hazing may face negative consequences that extend beyond school discipline, regardless of whether they are expelled or not. Apart from being isolated from their peers and teachers, they may also struggle with college acceptance and employment opportunities. They could miss out on scholarships and grants, making it challenging to cover tuition fees.
Student's social and emotional development could also take a hit as a result of a harsh hazing accusation. They could be prohibited from participating in extracurricular activities, further isolating them from their friends and peers.
Even after finishing their education, students might face difficulties in their chosen career paths due to their involvement in hazing. Certain professions, such as healthcare, education, and law, may view a hazing incident in a negative light.
Hazing allegations can have long-term consequences, even if the student was involved in a situation that was not handled properly. False accusations, which can arise from strained relationships or pressure to succeed, are a valid concern for many high school students. Therefore, schools must address hazing promptly, but they must also ensure fair procedures and avoid rushing to judgment.
The Lento Law Firm's Student Discipline Defense Team Can Help
If your child attends a high school in Georgia and is facing accusations of hazing, you shouldn't handle the situation by yourself. The school's disciplinary procedures don't 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 outcome, you should seek the help of the Lento Law Firm Student Discipline Defense Team.
Our firm is a valuable resource for Georgia 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 prepare for any hearings or meetings.
- We negotiate with the school's disciplinary authorities on your behalf.
- We ensure that your right to appeal is protected, even if it means taking the case to further legal action.
The Lento Law Firm Team will be your trusted partner throughout the entire disciplinary case. Call our offices today at 888-535-3686 or send us your case information via our secure online form to schedule a consultation.
