When you think of hazing, the first thing that probably comes to mind is a college fraternity, as many instances of perilous Greek life initiation rituals have received significant media attention in recent years. However, hazing is also a common phenomenon in high school, and prominent anti-hazing organizations report that an estimated 1.5 million high school students experience hazing every year. Hazing in high school commonly takes place as new students seek admission to a club or sports team. These often dangerous rituals are known for causing students significant mental and physical harm. As a result, school districts take reports of hazing very seriously, often doling out severe punishments and neglecting the due process rights of the accused.
If your high school student is facing accusations of hazing, you are right to be concerned. Resulting disciplinary actions can have lifelong consequences for your child's future, and many school administrators are quick to make an example of the accused. In such cases, your best course of action is to reach out to the Lento Law Firm Student Defense Team. Our team has many years of experience defending students accused of hazing in North Dakota and nationwide. Don't let these accusations jeopardize your child's future. Call the Lento Law Firm today at 888-535-3686 or tell us about your case online.
How Does North Dakota Define Hazing?
According to North Dakota's anti-hazing law, a person is guilty of hazing when “in the course of another person's initiation into or affiliation with any organization, the person willfully engages in conduct that creates a substantial risk of physical injury to that other person or a third person.” This typically takes the form of forced physical conduct that endangers another person's physical or mental health or safety. The state statute lays out some examples of hazing, which include:
- Sleep deprivation
- Extended isolation
- Exposure to weather
- Whipping
- Beating
- Branding
- Forced consumption of food, liquor, drugs, etc.
North Dakota public school districts also define hazing in their code of conduct standards, with most schools using a definition similar to the North Dakota State Statute while adding additional acts that may qualify as hazing. For example, the Bismarck High School Student Handbook, Fargo Public School's Administrative Policies, and Grand Forks School Board Policies all expressly state that hazing means “committing an act against a student, or coercing a student into committing an act, that creates a substantial risk of harm to a person, in order for the student to be initiated into or affiliated with a student organization, or for any other purpose.”
Each of these North Dakota School Districts list examples of hazing that add on to the state's definition and include, but are not limited to, the following:
- Physical brutality, such as paddling, electric shocking, or placing a harmful substance on the person's body
- Confinement in a restricted area
- Threatening the person with ostracism or subjecting them to embarrassment, humiliation, or loss of dignity
- Coercing the person into performing an act that is illegal or against school policy
Most school districts broadly define organization, or student organization, to mean any participatory group, even including grade levels and classes, and many districts also include broad language dictating that any action that subjects another to an “unreasonable risk of harm” may constitute hazing.
Overall, North Dakota School Districts and high schools across the nation incorporate a broad range of actions into their definition of hazing, which can leave your child at risk of severe punishment for various accusations of wrongdoing. In some cases, a student's involvement in a group act can leave them vulnerable to serious consequences allocated by school officials. Given the complexity of these issues and the tendency for hazing accusations to lead to severe repercussions, it is incredibly important that you reach out to the Lento Law Firm's Student Defense Team, as our National Education Lawyers have considerable experience handling hazing accusations and negotiating with school officials to ensure that your high schooler's future is protected.
How Do North Dakota High Schools Handle Hazing Accusations?
Every school district has its own policies regarding hazing, including its own investigative procedures and discipline structure. Mandan High School, for example, requires that the recipient of a hazing complaint forward the complaint to the school principal, who will then conduct a thorough investigation and take corrective action “as warranted after a complete review of all relevant facts.” Vaguely, the school district notes that students found in violation of the school's hazing policy will be subject to disciplinary action as severe as expulsion.
Fargo Public Schools provide more detail as to their investigative procedures, in which a school principal, building supervisor, or Human Resources Officer will conduct the investigation, unless there is concern of a conflict of interest, in which case a third party from outside of the school will be responsible for looking into the accusation. Fargo High School also clarifies an investigation timeline, specifying that all investigations must be completed within 60 days of the initial report and that during this time, the school will take “interim measures to protect the complainant.” Following a period of fact-finding, the designated investigator will issue an official report that details whether a violation has occurred based on the circumstances and the school's definition of hazing. The report will also consider the severity of the student's actions and how the school has handled similar incidents in the past, in order to make a determination as to what measures should be taken. Fargo's Administrative Policies note that the decision contained within the report is “final and binding,” with no option for students to appeal unless they take their case to court. Finally, Fargo's policies stipulate that any disciplinary action that follows will be carried out in accordance with the District's Student Behavior, Discipline, and Reporting Procedures and may rise to the level of suspension or even expulsion.
Other school districts, such as Bismarck High School and Grand Forks School District, note that potential disciplinary actions can include “warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge.” While some districts describe certain protocols to determine whether an administrator, principal, superintendent, or third party will be responsible for investigating hazing accusations, it is typical for the responsibility to fall on one party, and the results of their investigations are, in many districts, binding. It is worth noting that in some School Districts, such as Grand Forks, complainants are allowed to appeal the findings of an investigation to the superintendent. Unfortunately, the accused party often has few, if any, options following the results of an investigation, which can leave your child subject to life-altering consequences like expulsion.
Therefore, no matter which North Dakota School District you are part of or what stage of the process you're in, it is critical that you reach out to the Lento Law Firm for help. With such high stakes and your child's future on the line, you do not want to go at this alone or look toward a local attorney with limited experience defending high school students accused of hazing. By contacting our experienced Student Defense Team, you will be putting you and your child in the best possible position to reach a favorable outcome with a school board that may be seeking to hand out overly harsh punishments in the face of hazing accusations.
The Overly Harsh Consequences of the High School Hazing Disciplinary Process
Unfortunately, it is all too common for such overly harsh punishments to impact students facing accusations of hazing, even if the student acts as a bystander or is just one participant in a larger group incident. The tendency for school districts to lean toward harsher punishments for these particular incidents is indicated by the language of the Code of Conduct Standards.
Some North Dakota School District Hazing Policies, including those posted by Bismarck High School, even note: “Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline prohibited behavior.” The last thing that you want is for your child to be made an example of and have their future derailed as a consequence of one mistake and an overzealous school administrator seeking to deter further incidents of hazing at their school. The fact that most North Dakota High Schools indicate suspension and expulsion as proper consequences for substantiated complaints of hazing means that if an investigation does not come out in favor of your child, they could face future difficulties trying to be accepted into college, obtaining scholarships, and even obtaining future employment or professional certifications.
Furthermore, even if your child is able to avoid some of the harsher punishments reserved for students facing hazing accusations, even an in-school suspension or exclusion can significantly harm their reputation. Once an administrator has deemed that a hazing complaint is substantiated, rightfully or not, the school's confidentiality protocols can only do so much. Many high school students who are punished for hazing can face public scrutiny and serious mental and emotional consequences, regardless of the severity of their actions or the leniency of the school district.
Lack of Due Process in the North Dakota High School Hazing Disciplinary Process
Another common theme of school-level hazing report investigations is the tendency for the administration to neglect the accused student's due process rights. In a court of law, your child would be entitled to due process, meaning that the court would have to follow a lengthy set of rules and legal proceedings in order to ensure that they are treated fairly. School-level investigations, however, are often left in the hands of a concentrated authority that is not bound by the same rules, which can leave your student facing consequences for false accusations or being punished in a manner that is not proportional to their actions.
In criminal proceedings, there would also necessarily be a much higher standard of proof for your child to face consequences as a result of hazing accusations. In criminal court, the prosecution must prove that the defendant is guilty beyond a reasonable doubt. It is typical, however, for school-level investigations to employ a much lower burden of proof standard where they are only required to determine that it is more likely or not that a complaint is substantiated, in order for them to slap a suspension or expulsion on your high schooler.
As previously noted, these decisions and resulting disciplinary actions are often final and binding, where your only recourse for appeal would be going through the lengthy, complex, and unguaranteed process of taking the school district to court. It is certainly in your best interest to contact a law firm with an experienced Student Defense Team as early as possible before the school has a chance to take any overly severe action on your child.
Hire the Lento Law Firm to Defend Your Child Against Hazing Accusations in North Dakota
All things considered, it is in your best interest and the best interest of your child to hire the Lento Law Firm's Student Defense Team to help you navigate accusations of hazing in North Dakota. Our nationwide experience handling this specific category of school-level hazing accusations means that we understand how complaints can become exacerbated and how students can be left facing unfair decisions and harsh disciplinary actions that result in consequences that will follow them for life. We also recognize just how overwhelming it can be when your high schooler faces such serious accusations, and you are left to deal with school administrators who you may feel do not have your child's best interests at heart.
Fortunately, you do not have to face it alone, and in fact, you absolutely should not try to face it alone. Rather than handling such a complex, high-stakes situation by yourself or with representation from an inexperienced local law office, rely on our experienced team of National Education Lawyers to stand behind you and your child and help you prepare for any formal or informal hearing, investigation, or negotiation. Call us today at 888-535-3686 or tell us about your case online.
