Hazing is often associated with college students, not high schoolers. Colleges have been particularly concerned about hazing due to the media attention it gets. However, high schools also take hazing seriously and have strict consequences for this behavior.
In Idaho, schools are quick to punish students who are accused of hazing despite the clear policies that protect due process rights. High schools don't want to be perceived as tolerating any harm or humiliation toward their students, so they try to administer justice swiftly.
If your child is accused of hazing in an Idaho high school, they may not have a fair chance to defend themselves. At the Lento Law Firm, we understand the frustration of this situation and are ready to provide our assistance. Our Student Defense Team represents students in disciplinary cases and will advocate for your child's right to a fair process. You can reach us at 888-535-3686 or fill out our consultation form, and we will get in touch with you.
Idaho State Hazing Law
In Idaho, hazing is illegal. Student organizations are banned from hazing at all schools, colleges, and universities. It's not exclusive to postsecondary institutions, so it applies to high schools as well. The legal definition of hazing in Idaho is “to subject a person to bodily danger or physical harm or a likelihood of bodily danger or physical harm” because that person is a potential member or pledged member of a student group or organization.
The law also provides examples of hazing, stating that it's illegal to require, encourage, authorize, or permit a person to be subjected to any of the following as a condition for joining a student organization:
- Total or substantial nudity
- Compelled ingestion of any substance
- Forcing to carry or wear any obscene or physically burdensome article
- Physical assaults upon or offensive physical contact
- Participation in boxing matches, excessive number of calisthenics, or other physical contests
- Transportation and abandonment
- Confinement to an unreasonably small, unventilated, unsanitary, or unlighted area
- Sleep deprivation
- Assignment of pranks to be performed
In addition to any legal penalties a student might face when accused of hazing, they may also have a punishment from their school. Depending on how serious the charge is, the consequences of hazing varies.
Idaho Anti-Bullying Law
Idaho doesn't allow student harassment, intimidation, and bullying at school or school-related activities. The law defines harassment, intimidation, or bullying as any intentional gesture, written verbal or physical act, or threat by a student that a reasonable person considers to be:
- Harming a student
- Damaging a student's property
- Place a student in reasonable fear of harm to their person
- Placing a student in reasonable fear of damage to their property
Harassment, intimidation, and bullying are also behaviors that are sufficiently severe, persistent, or pervasive that they create an intimidating, threatening, or abusive educational environment for a student. This behavior can be committed by telephone or online in addition to occurring in person.
It's also important to know that harassment, intimidation, and bullying are grounds for an immediate five-day out-of-school suspension. The superintendent also has the power to extend this suspension to 10 school days. If the board of trustees agrees that a student's immediate return to school would be “detrimental to other students' health,” it can extend the suspension another five days—that means your child could potentially be suspended for 15 school days if accused of harassment, intimidation, or bullying.
Before a suspension occurs, however, the principal or superintendent must give the accused student an informal hearing if the student wants one. The school official must provide official reasons for the proposed suspension, and the student must have a chance to refute the allegations.
How Do Idaho High Schools Handle Hazing?
Most high schools in Idaho treat hazing as a form of harassment, intimidation, and bullying. They usually stick closely to the legal definition.
West Ada School District, for example, has a district policy concerning bullying in addition to complying with Idaho state law. The district's student handbook uses the same definition but also expands upon it by defining cyberbullying and providing examples of prohibited behavior. Some of these examples include:
- Physical abuse against a student, such as hitting, pushing, tripping, kicking, blocking, or restraining another's movement
- Causing damage to another's clothing or possessions
- Verbal abuse against a student, such as name-calling, threatening, taunting, and malicious teasing
- Psychological abuse against a student, such as spreading harmful or inappropriate rumors regarding another, drawing inappropriate pictures, writing inappropriate statements regarding another, and intentionally excluding another from groups or activities
The school district also has a policy for harassment. Both bullying and harassment are considered major disciplinary offenses.
Boise School District prohibits hazing, bullying, and harassment while on any district premises or at any district-sponsored activity, class, or program. It defines hazing as “any humiliating, potentially dangerous, or illegal activity expected of a student in order to belong to a group, regardless of their willingness to participate.” Potential penalties for hazing at Boise schools include:
- Meeting with the school counselor
- Meeting with the school principal and the student's parent or guardian
- Detention
- Suspension
- Special programs
- Change of school location
- No contact order
- Expulsion
You should familiarize yourself with your district's student behavior policies, especially if your child has been accused of hazing. Each district has slightly different policies and it helps to know how hazing is defined. It's also important to understand how districts and schools handle accusations of hazing and what rights your student retains after they've been accused.
At the Lento Law Firm, our Student Defense Team represents students accused of hazing in Idaho and nationwide, so we know what to look for in district and school policies. We can ensure you understand the school's rules and how they affect your child's situation.
Hazing Disciplinary Procedures
Most Idaho high schools consider hazing a very serious offense. The typical punishment for hazing is at least suspension and sometimes expulsion. If the school principal or superintendent wants to remove your child from school for more than ten consecutive school days, however, they must give your child the chance to defend their actions and ensure they understand the charges against them.
Boise School District has a process for dealing with bullying, hazing, and harassment allegations, as does Bonneville Joint School District 93. Their processes are very similar and reflect what most public school districts do when dealing with reports of hazing.
Reporting
Everyone has a responsibility to report hazing if they know of it. The principal of a school should be the one to accept reports of hazing and can intervene to stop the bullying, hazing, or harassing behavior.
Investigation
At Boise School District, the superintendent must investigate within ten days of receiving the allegation of bullying. This phase of the process involves gathering information by speaking to potential witnesses, speaking with the accuser, and possibly taking actions such as no-contact orders, changes of school schedules, or rearrangements for extracurricular activities.
At Bonneville Joint School District 93, investigations into hazing must include the following documentation:
- Interviews of targeted individuals
- Interviews of individuals reported to be responsible for the actions
- Interviews of witnesses to reported behavior
- Any other material evidence, such as video surveillance footage
Also, everyone who is implicated in the hazing report is allowed to submit evidence to the investigation. Once the investigator is done, they decide whether the accused student is responsible for the behavior based on the facts.
It's important to note that the district aims to maintain confidentiality for hazing matters and protect the identities of the accuser, victim, and the accused student.
Parent Notice
When dealing with reports of bullying, hazing, or harassment, district officials can decide not to notify parents or guardians if it conflicts with the student's well-being. It's possible, therefore, for a hazing accusation process to take place and for you not to know about it.
Also, Bonneville Joint District 93 has a grievance procedure that allows the person who reported the hazing to appeal the investigator's decision.
Hearings
Although neither district's handbooks nor hazing policies mention hearings for accused students, keep in mind that state law requires principals or their designees to hold an informal hearing for students who are to be emergency-suspended for bullying, intimidation, or harassment.
Appeals
Bonneville Joint District 93 also gives students the right to appeal unfair penalties in its code of student conduct. The district encourages parents and guardians to try and solve the matter with the teacher or staff member involved first, but they can also ask to have a conference with the next level of authority. Parents and guardians can also ask to have a third party, such as a counselor or principal, to be present at this conference.
If the matter isn't resolved with this conference, parents and guardians can submit a request to the superintendent. Once the superintendent or their designee reviews the matter and makes a decision, it's final.
When it comes to student discipline for hazing, it's not just your school's code of conduct that matters. It's also the district's student code of conduct, district operating policies, and state law that factor into the process. It's easy to get confused when there are so many rules involved. You shouldn't let all these documents intimidate you or prevent you from standing up for your child's due process rights, though. You should contact the Lento Law Firm and let our Student Defense Team take care of the matter for you.
The Long-Term Consequences of a Hazing Accusation
When students are accused of hazing, the consequences can extend far beyond just school discipline. Regardless of whether they are expelled or not, they may face rejection from their peers and teachers, as well as difficulties in college admissions and job opportunities. Additionally, the loss of scholarships and grants can make it difficult for them to afford tuition.
Being accused of hazing can also hinder a student's social and emotional development. They may be barred from participating in extracurricular activities, which can further isolate them from their social circle. Even after completing their education, students may struggle in their careers due to their involvement in hazing, particularly in fields that require licensing, such as healthcare, education, and law.
The consequences of hazing allegations can have a lasting impact, even if the accusations are not properly handled. False allegations, which can arise from strained relationships or pressure to succeed, are a genuine concern for many high school students. While it's important for schools to promptly address hazing issues, they must also handle them thoroughly and provide accused students with a fair chance to clear their names.
How a Student Defense Team Can Help
If your child is accused of hazing at a high school in Idaho, you should seek help and not try to handle the situation alone. The school's disciplinary process may not operate on “innocent until proven guilty.” The school may only need a small amount of evidence to build a case. To achieve the best possible outcome, get help from the Lento Law Firm Student Defense Team. Our firm can be a valuable resource for families and students in Idaho because we:
- Gather evidence and obtain witness statements to support your defense.
- Assist in preparing a response to the accusations and getting ready for any meetings or hearings.
- Negotiate with the school's disciplinary authorities on your behalf.
- Protect your right to appeal, even if it means taking further legal action.
Throughout the disciplinary process, the Lento Law Firm Team will be by your side, providing guidance and support as you and your child navigate the hazing allegations. We understand the stress this process puts on your family, and we're here to help lighten the burden. By working with us, you and your child can continue your daily lives without the added weight of defending against a hazing accusation.
To get in touch with us, please call 888-535-3686 or fill out our contact form with your information, and a member of our team will reach out to you.
