Hazing is a pervasive occurrence in US high schools. A study on hazing showed that 47% of college students said they experienced hazing in high school. The most commonly reported form of hazing involved high school athletic teams. Some of the hazing behaviors included yelling, cursing, excessive drinking, sleep deprivation, exposure to harsh climates without proper attire, and harassing others. Hazing is a serious offense in high schools in Wyoming and the effects of a hazing violation can have long lasting consequences for a high school student.
If your child or loved one has been accused of hazing in a high school in Wyoming, it is important to consult experienced legal professionals in order to protect the child's due process rights and pursue all their legal remedies. High school student misconduct issues must be treated seriously. The effect of a hazing violation on a student's record may have a lasting negative impact on your child. The Student Defense Team at the Lento Law Firm stands ready to help you and can be reached at 888.535.3686 or use our contact form.
Attempted Legislation in Wyoming on Hazing
A bill introduced in January 2023, attempted to create guidelines for the consequences of hazing throughout the educational system in Wyoming from elementary level through college. It would require school systems to adopt hazing policies to suit their specific needs. It narrowly passed the Senate's Education Committee. The proposed bill defined hazing as “an intentional act or situation that is committed or created for the purpose of membership or affiliation with a group, team or other person that causes embarrassment, harassment or ridicule or risks emotional or physical harm to a student or employee.” It is important to note that the bill sponsored by Senator Chris Rothfuss D-Laramie did not criminalize hazing specifically but allowed each school to adopt the appropriate hazing policies as needed. However, as of 02/07/23, the Bill died when it was not considered on the Senate floor.
Definition of Harassment, Intimidation or Bullying under The Safe School Climate Act in Wyoming
Currently, the disciplinary measures that would possibly be applicable to hazing across the state of Wyoming are under the definitions section of “The Safe School Climate Act.” Hazing is not specifically mentioned in the Safe School Climate Act but can perhaps be considered included by implication in the law given the statute's definitions, "Harassment, intimidation or bullying means any intentional gesture, any intentional electronic communication or any intentional written, verbal or physical act initiated, occurring or received at school that a reasonable person under the circumstances should know will have the effect of:”
- Harming a student physically or emotionally or placing a student in reasonable fear of harm or harming a student's property or creating reasonable fear of harm.
- Insulting a student or student group causing substantial disruption or interference in the school's operations.
- Creating an intimidating, threatening, or abusive educational environment for a student or student group.
It should be noted that harassment and bullying towards an individual, however, are different than hazing. Hazing can be an actionable offense based on a single incident and generally occurs within the context of team or membership affiliation or rites of initiation. The National Federation of High Schools has defined hazing as “any humiliating or dangerous activity expected of a student to belong to a group, regardless of their willingness to participate.”
Disciplinary Actions For Hazing in Wyoming High Schools
No specific statute or regulations in Wyoming have been found for hazing in K- 12 schools in state education databases. Wyoming is one of six states in the US that have not specifically identified state hazing laws. Therefore, the relevant disciplinary actions will be discussed under Wyoming's Safe School Climate Act and from district Student Handbooks available online.
Under the Act, all school districts in Wyoming must develop appropriate policies and procedures against harassment, intimidation, or bullying at school.
- Establishing Rules for Discipline- Each board of trustees in each school district within the state may adopt rules for reasonable forms of punishment and disciplinary measures, which can be imposed by teachers, principals, and superintendents in each district. Policies that are created may be continuously reviewed.
- Procedures for Reporting- A report of harassment, intimidation, or bullying can be made anonymously, but a formal disciplinary action must identify the school personnel responsible for receiving a report and investigating a complaint. This includes procedures for prompt investigation of serious complaints.
- Grounds for suspension and expulsion- The local board of trustees has grounds for suspending or expelling a student during the school year for behavior that is “clearly detrimental to the education, welfare, safety or morals of other pupils, including the use of foul profane or abusive language.”
- Publication of Policies- Each school board district shall include its policies and procedures in a written code of conduct and in each school's Student Handbook.
- Educational Development Programs-Information on the policies against harassment, intimidation or bullying are to be incorporated into each school district's professional development program and to all others having significant student contact. A school district may establish bullying prevention programs that can involve staff, students, administrators, law enforcement, and the community.
- School accreditation requirements- In order for a school district to maintain accreditation, it must have a plan for promoting a positive and safe school culture and learning environment. The culture and climate are designed to ensure positive relationships and to deter harassment, intimidation, and bullying.
Information on Disciplinary Actions from District Student Handbooks
- Rawlins High School
The Carbon County School District 1had an online Student Handbook for Rawlins High School in Rawlins, Wyoming. The only relevant disciplinary section concerned harassment. It stated that the school was committed to discouraging all forms of harassment which are demeaning to students or employees. Disciplinary action will be taken for anyone found in violation of the harassment policies. Complaints concerning violations were to be reported in writing.
There was a student due process section in the handbook. It stated that every student shall be given an opportunity to contest facts and circumstances which may lead to disciplinary action or to contest the appropriateness of that imposed disciplinary action. Also, any student, parent, or guardian can appeal against what they believe is unfair or unjust discipline. The appeal begins with a teacher conference, then a conference with the principal, then to the central office. A final appeal may be to the Board of Trustees.
In all cases of suspension or expulsion, the District must follow the procedures of the District that have been adopted by the Board of Trustees in accordance with the Wyoming Education Code of 1969 as amended and hearing procedures which have been filed with the county.
- Campbell County High School
Campbell County High School is one of the larger school districts in Wyoming and specifically mentions hazing in its Handbook: “Hazing - includes, but is not limited to, any act that recklessly or intentionally endangers the mental health, physical health, or safety of a student for the purpose of initiation; or as a condition or precondition of attaining membership in, or affiliation with, any District-sponsored activity or grade level attainment,”
Examples of hazing included:
- forced consumption of any drink, alcoholic beverage, drug, or controlled substance,
- forced exposure to the elements,
- “paddling” or other physical punishment,
- • forced prolonged exclusion from social contact,
- sleep deprivation,
- assignment of pranks to be performed,
- any activities intended to degrade or humiliate a particular person or group.
Campbell County High School has some specific references to student expulsion or suspension for disciplinary issues. A school principal may suspend a student for no more than ten days, and only the Board may suspend a student for a longer period of time. The principal must inform a student of the reasons for suspension and the evidence against him. The student then has a chance to present their version of the charges and give evidence on their behalf. A student may be suspended immediately if their behavior endangers persons or property or threatens to disrupt the educational program. In that case, the student has 72 hours after suspension to be present their evidence.
The school administration shall notify the student's parents or guardians within 24 hours of suspension or expulsion providing the reasons for expulsion using the contact information on file.
No student can be suspended or for more than ten days without the opportunity for a hearing, if requested.The hearing is held under the procedures in the Rules of Practice Governing Hearings and Contested Cases. No suspension or expulsion is for longer than one year.
- Sublette County High School
Sublette County High School had a short mention of hazing in its Student Handbook. Hazing was listed as “initiation-type practices unauthorized by the school administration.” Discipline for hazing could be at Levels 2, 3, or 4. Level two behaviors involved a student- teacher and parent- teacher conference along with after school detention. Level 3 behaviors involved a parent- administrator conference and suspension for one to three days. Level 4 behavior involved Saturday school, suspension for 3-10 days, and a possible expulsion hearing.
- Buffalo High School in Buffalo, Wyoming
Buffalo High School also had an explicit mention of hazing in its Student Handbook. The school said it has a zero tolerance for hazing and defined it as: “Any humiliating or dangerous activity expected of a student to belong to a group, regardless of their willingness to participate.” Disciplinary consequences could include full season suspension from sport/activity. Counseling services were also offered to all students in violation.
The High School Hazing Disciplinary Process Is Inconsistent in Wyoming School Districts
A student faced with a violation of their school's anti-hazing policy in Wyoming is not treated consistently across the various school districts in the state. Hazing, if it is specifically mentioned at all, is generally treated as a code of conduct violation where the school investigates and may conduct a disciplinary hearing. The student may have some due process rights, but the handbooks are vague on these rights, and the school districts might neglect full due process rights. Also, school districts can be quick to impose discipline on students in order to work to resolve the matter without undue negative focus on the school district.
Hazing Has Long-Term Impacts on a Student
A student who is disciplined for hazing may face consequences beyond the immediate ones of suspension or even expulsion. Students may also lose their participation in more healthy extracurricular activities. Additional consequences include loss of time with peers and teachers, difficulty in getting accepted into colleges, difficulty obtaining scholarships and grants, and difficulty finding employment. These difficulties can also extend to issues of professional licensing when hazing is on a child's record. These long-lasting consequences mean that it is essential that a student have legal representation to ensure their disciplinary process is not mishandled.
How the Lento Law Firm Can Help
The Student Discipline Defense team at the Lento Law Firm can help you work through the complexities and inconsistencies in these school district disciplinary cases in Wyoming. The Lento Law Firm understands all the steps in the school disciplinary process and can work to protect your student's interests and rights throughout the process. The Student Defense Team at the Lento Law Firm works daily with school districts throughout the country and in the state of Wyoming. Although there are differences in some of the Wyoming school districts, the policies and disciplinary procedures have many similarities. Our experienced attorneys will carefully review the procedures and find the best methods to effectively represent and defend your student so all their rights are protected. Be sure to have effective legal representation and handling of your child's hazing discipline procedures. Contact the Lento Law Firm today. The Student Defense team at the Lento Law Firm can be reached at 888.535.3686 or use our contact form.
