Hazing is commonly linked to college students rather than high schoolers. It's gained significant attention from the media, focusing on colleges and universities. However, it's not only college students who deal with hazing. High schools also take hazing seriously and impose strict consequences for such behavior.
In Montana, schools are quick to penalize students accused of hazing despite having clear policies that protect their due process rights. High schools don't want to be seen as tolerating any form of harm or humiliation towards their students, so they administer justice swiftly.
If your child is accused of hazing in a Montana high school, they may not have a fair opportunity to defend themselves. At the Lento Law Firm, we understand the frustration of this situation and are ready to offer our support. Our Student Defense Team represents students in disciplinary cases in Montana and nationwide, and we'll fight for your child's right to a fair process. To contact us, you can call 888-535-3686 or fill out our consultation form, and we will be in touch with you.
Montana State Hazing Law
Montana is one of the few states in the U.S. that do not criminalize hazing. However, many schools, colleges, and universities prohibit hazing in their codes of conduct and impose penalties on students found guilty of hazing. As of this writing, there's technically no hazing law in Montana; however, there is a law prohibiting secret fraternities or secret organizations at public schools. Participating in or trying to recruit other people to join a secret organization is a crime.
The only mention of hazing in Montana state law is in the state's anti-bullying law, which we cover in more detail in the next section. No state law banning hazing means there's no legal procedure or safeguards for students who've been accused of hazing. Schools can, for the most part, create their own penalties and disciplinary processes.
This freedom to define hazing is primarily for postsecondary institutions, though. K-12 schools must follow state laws concerning student punishments, particularly if a school wants to exclude a K-12 student from their school environment for a long-term suspension or expulsion.
Anti-Bullying Law in Montana
In Montana, hazing is considered a form of bullying at K-12 schools. The law defines bullying as “any harassment, intimidation, hazing, threatening, insulting, or demeaning gesture or physical contact, including any intentional written, verbal, or electronic communication or threat directed against a student that is persistent, severe, or repeated.” The behavior must also meet several criteria to be considered bullying:
- It causes a student physical harm.
- It damages a student's property.
- It places a student in reasonable fear of harm to their person or property.
- It creates a hostile environment by interfering with or denying a student's access to an educational opportunity or benefit.
- It substantially and materially disrupts the orderly operation of the school.
Montana law also states that any student who engages in bullying is “subject to punishment, suspension, or expulsion.” If your child's school wants to suspend them for hazing, it can only do so for an initial period of 10 days. The principal can extend the suspension another ten days only if they think your child's immediate return to school would be detrimental to the health, welfare, or safety of others or would be disruptive to the educational process—and your child is given an informal hearing with a school administrator.
Only the district trustees have the authority to expel students. Montana law considers expulsion to be removal from school for more than 20 school days without access to any educational services.
How Montana High Schools Handle Hazing
Although there's no statewide hazing law in Montana, schools still don't tolerate hazing. They usually take accusations very seriously, and the minimum penalty for hazing is often suspension. Depending on the severity of the actions, the penalty could be expulsion. It's up to individual school districts to define hazing and determine what the punishments for it are.
In Billings School District, for example, hazing is prohibited. It's considered a “discriminatory” behavior and not allowed on school property or at school-sponsored events. The potential consequences of hazing are:
- Notification given to the responsible adult
- Loss of privileges, including participation in school activities
- Conference with the responsible adult
- Reassignment of seats
- Reassignment of classes
- Reassignment to another mode of transportation
- Escort of the perpetrator
- Completion of an apology letter and acknowledgement of behavior
- Referral or appointments with school counselor or other professionals
- Payment for damaged property
- Detention
- Suspension (in-school or out-of-school)
- Referral to law enforcement
- Expulsion
The district's policies guarantee due process for all students accused of hazing, but in our experience at schools nationwide, these policies and procedures are not always followed. The Lento Law Firm can fight for your rights.
In the Great Falls Public School district, hazing is considered gross disobedience or misconduct and is subject to disciplinary action. Students can be held responsible for their actions on school grounds, before, during, or after school hours, or at any other time when the school is being used by a school group. The prohibition on hazing also applies off school grounds at school-sponsored events or activities, travel to and from school activities, or anywhere that the conduct may reasonably be considered a threat or attempted bullying that interferes with school purposes or educational functions. This rule means that students can be accused of and punished for hazing even if the alleged incident took place off school grounds at an event that is seemingly unrelated to school. The school administrators can argue that the incident reasonably interferes with school functions and make a case against the accused student.
The disciplinary measures listed by the district for hazing include:
- Expulsion
- Suspension
- Detention, including Saturday School
- Community service
- Clean-up duty
- Loss of student privileges
- Loss of bus privileges
- Notification to juvenile authorities or police
- Restitution for damages to school property
These penalties are the only examples of actions schools can take against students found responsible for hazing. Schools themselves may impose other penalties such as counseling, parent conferences, extra homework, or something more severe.
Missoula County Public Schools has a policy that is very similar to those of Billings and Great Falls. Hazing and bullying are prohibited and subject to disciplinary action. The potential penalties include:
- Expulsion
- Suspension
- Detention, including Saturdays
- Clean-up duty
- Loss of student privileges
- Loss of bus privileges
- Notification to juvenile authorities or police
- Restitution for damages to school property
The three districts have similar student discipline policies, but there are slight variations. For this reason, it's crucial to read your district's rules regarding student discipline, along with the student handbook for your child's school. When it comes to a serious offense like hazing, there are several overlapping sets of policies that apply to the disciplinary process. Educating yourself on each one is smart, but it takes time. The Lento Law Firm's Team is familiar with the relevant policies and laws needed to defend your child from a hazing accusation in Montana. Let us do the work for you.
Hazing Disciplinary Procedures
Since most Montana schools consider hazing a serious offense, they have a formal procedure for disciplining accused students. This process usually involves some kind of reporting, investigation, and possibly a hearing. Keep in mind that if your child's school wants to remove them from school for more than ten consecutive school days, they must give your child due process—that means your child must have the charges against them formally read or written out to them, and they must have the chance to reply to or refute the charges.
Let's look at the disciplinary processes for Billings and Great Falls school districts, as they have similar procedures.
Reporting
In Billings Public Schools, hazing falls under a special category, along with harassment, bullying, discrimination, and retaliation. Schools must therefore stick to a strict reporting and investigative process for alleged hazing incidents. Reports can be made to any school employee, or an employee might witness behavior that seems like hazing. The employee must report the incident to a school administrator or Title IX coordinator, if the school has one, using a specific form.
Investigation
Once the incident gets reported, an investigation must start within two school days. The investigator will interview the alleged aggressor, target, the person who reported it, and other bystanders or witnesses. They have five days to complete the investigation and determine if the accused student is responsible for hazing. If they are, a parent or guardian is notified.
The school principal or administrator decides on the responsible student's punishment if they're found guilty of hazing. If this penalty includes suspension, removal, or expulsion for more than ten days, the accused student has the right to an informal hearing.
Informal Hearing for Suspension
At Great Falls Schools, students must meet with a building administrator before being suspended, even if the suspension is only for one day. At this meeting, the student hears the charges against them and has an opportunity to respond.
Formal Hearing for Expulsion
If the district superintendent recommends expulsion to the board of trustees, there must be a formal hearing before the expulsion is official. At this hearing, students can be represented by counsel, ask questions, present arguments, and provide witnesses and evidence. At the end of the hearing, the board of trustees decides whether the student should be expelled. The decision of the board of trustees is final.
What Are the Long-Term Consequences of a Hazing Accusation
When students are accused of hazing, the effects can go beyond just school discipline. Even if they're not expelled, they will most probably be banned from sports and extracurricular activities, which isolates them from their peers. This exclusion can impede a student's social and emotional growth.
Having a hazing violation on a school record can also make it difficult to get accepted into college or find a job later on. Colleges and universities may still accept students who've been accused of hazing but may not extend scholarship opportunities, which can make it challenging to afford tuition fees. Even after completing their education, students may struggle in their careers, especially in fields that require licensing, such as healthcare, education, and law.
The consequences of hazing accusations can have a long-lasting impact, even if the allegations are false. Many high school students are genuinely concerned about false accusations due to strained relationships or pressure to succeed. While it's crucial for schools to promptly address hazing issues, they must also handle them properly and give the accused students a fair chance to clear their names.
How a Student Defense Team Can Help Students Accused of Hazing
If your child is accused of hazing at a high school in Montana, seek assistance rather than trying to handle the situation alone. The school's disciplinary process may not follow the principle 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, you should get help from the Lento Law Firm Student Defense Team. Our firm can provide valuable support to families and students in Montana as we:
- Collect evidence and obtain witness statements to support your defense.
- Help prepare a response to the accusations and assist with any meetings or hearings.
- Negotiate on your behalf with the school's disciplinary authorities.
- Protect your right to appeal, even if it means taking further legal action.
Throughout the disciplinary process, our team at Lento Law Firm will be there to guide and support you and your child as you navigate the hazing allegations. We can help alleviate the stress this situation puts on your family by offering a solid defense. By working with us, you and your child can continue your daily lives without the added weight of defending against a hazing accusation.
To contact us, please call 888-535-3686 or fill out our contact form with your information, and one of our team members will get in touch with you.
