Not so long ago, behaviors that are now classified as hazing were glorified in film and television as a relatively quaint reminder of the “good ol' days” when certain stereotypical standards of masculinity and femininity were far more prized than they are today. However, society's attitudes toward hazing understandably shifted when it became increasingly apparent that some behaviors that had long been considered old-fashioned fun could hurt – and even kill – innocent young people who simply wanted to fit in.
Nowadays, some hazing activity can result in notes on a student's permanent record, academic suspension, expulsion from a high school or college, criminal charges, damage to one's reputation, and a host of other collateral consequences. As a result of these high stakes, it is objectively important for parents of high school students who have been accused of hazing behavior to seek personalized legal guidance and support as soon as they possibly can.
If you are the parent of a high schooler who has been accused of hazing-related wrongdoing, it is both important to avoid panicking, and to avoid dismissing the situation as “teens being teens.” Your child's academic standing – in addition to their academic and employment-related future – could be at risk. If you have not already done so, connect with us about your child's case today by calling 888-535-3686 or by contacting the Student Defense Team at the Lento Law Firm online. It's important to act quickly, as disciplinary efforts can go into effect immediately after a student has been accused of this kind of misconduct.
Why Is Hazing Such a Serious Concern?
The Clay Center for Healthy Young Minds is a non-profit organization run out of world-renowned Massachusetts General Hospital. The Center defines hazing as, “any activity expected of someone joining or participating in a group that humiliates, degrades, abuses, or endangers them, regardless of a person's willingness to participate.” The Center also cites “common hazing practices (to) include alcohol/binge drinking, humiliation, isolation, sleep deprivation and sexual acts.”
It should be noted that this definition is distinct from Kentucky's criminal statutes that penalize hazing behavior. For example, a recent amendment to the state's criminal treatment of hazing – known commonly as Lofton's Law – defines hazing as “a direct action which substantially endangers the physical health of a minor or student for the purpose of recruitment, initiation into, affiliation with, or enhancing or maintaining membership or status within any organization.” The Center's definition more closely mirrors many high school policies in the state, which offer broad definitions of hazing that may cause psychological damage instead of (or in addition to) physical harm.
The reason why hazing is such a serious charge, and why high schools tend to punish alleged offenders so harshly in response to reported hazing incidents, is rooted in the definition of the concern itself. Hazing “humiliates, degrades, abuses, or endangers” those whom it affects. The fact that many hazing victims consent to such treatment is irrelevant. Why? No one should be abused, degraded, and/or subjected to endangerment simply because they feel a deeply human need to fit in with their peers. As a result, high school administrators may understandably feel a deep sense of responsibility to prevent hazing, and to respond to any alleged instances of such mistreatment in ways that make an example out of alleged perpetrators so that similar behavior will be deterred in the future.
Alleged Offenders Have Rights Too
Yet, as important as it is to protect students from becoming hazing victims – and to protect the rights of students who are hazed despite the banning of such misconduct – it's important to remember that alleged hazing offenders have rights, too. All too often, school administration's zeal for enforcing hazing bans can lead to rights violations affecting those accused of breaking those rules.
Most notably, many high schools fail to extend due process rights to those who have been accused of hazing-related misconduct. Instead of giving them a chance to explain their side of the story, defend against potential disciplinary action, and ultimately clear their name, schools often simply insist that a student is guilty of misconduct and punish them according to this assessment.
As most parents are aware, a negative mark on a student's permanent record – let alone a record of suspension or expulsion – can keep a teen from getting into college. A black mark can also deter employers and those who might otherwise provide a student with scholarships and/or other forms of financial aid from extending these opportunities to them. As a result, a lack of due process often results in students being forced to accept harsh consequences of conduct that they may not have committed. Alternatively, they may be punished for engaging in conduct that may have unfolded under reasonable or otherwise defensible circumstances.
What Can Concerned Parents Do?
If your child has been accused of hazing behavior, it's important to connect with experienced legal support right away. Even if your child's school will not permit counsel to be present during specific interactions related to your child's alleged misconduct, working with the experienced Student Defense Team at the Lento Law Firm can empower you to be as prepared as possible as you advocate on behalf of your teen's rights and their access to future opportunities.
When your child was accused of hazing, you may have been tempted to connect with a local criminal lawyer, given that hazing is explicitly unlawful in Kentucky. However, you're going to want to speak with a legal team that specializes in defending students' rights in an academic context. Criminal defense and student defense are two distinct areas of law. Working with our Student Defense Team will allow you and your child to benefit from the kind of experience that only a firm that practices this area of law nationwide can bring to the table.
Each state and each school district – and sometimes, even individual schools within a district – employs unique policies when it comes to hazing. As noted above, most ban conduct that can result in psychological harm in addition to, or instead of, physical damage. This reality often leads to a great deal of room for interpretation concerning what kind of behavior constitutes hazing. Due to the breadth and depth of our team's experience, we have “seen it all” and, therefore, know how to respond effectively to any particular school's or district's approach to accusing students of wrongdoing, enforcing hazing-related rules, and executing disciplinary measures.
Given that the stakes of your child's situation are so high, it's important to act quickly. Too often, parents hesitate to seek legal guidance, wondering if this particular investment is really worth it given the nature of “childhood pranks.” Others hesitate to offer their teens help because they wonder whether letting their kids learn lessons the hard way is preferable to actions that could be perceived as bailing them out. In reality, teens are not psychologically equipped to understand the full repercussions of their actions – whether those actions have been misunderstood, were wrongly attributed to them, or happened just as administrators have accused.
Parents need to step in and offer their kids support when it comes to high-stakes accusations and potentially life-altering consequences. Why? Just as no teen deserves to suffer real harm due to their desire to fit in, their peers should be afforded a sincere opportunity to defend their rights and their future when anyone is threatening them with discipline that could impact them for years – and even decades – to come.
How the Lento Law Firm's Student Defense Team Can Help
Depending on whether your child attends Frederick Douglass High School in Lexington or Youth Performing Arts School in Louisville, your student will be compelled to navigate the unique processes employed by the school itself and by the wider district to which the school belongs. As such, one of the first things that our team will do is learn about the ins and outs of that distinct process. As we practice nationwide, chances are very high that we've already encountered whatever kinds of specific approaches your child's school and district have adopted.
For example, we'll want to safeguard your child's rights during the investigative process, provided that their school engages in some degree of due diligence before insisting upon disciplinary action. Most school administrators do not have advanced training in conducting investigative efforts. As a result, they may heavily lean on any evidence that supports their claim, while simultaneously undermining or dismissing evidence that supports a student's accounting of events. As a result, we'll likely need to do some investigative work of our own to better ensure that your child benefits from any and all evidence that strengthens their position. It's important to understand that many schools discipline students as long as the administrators' interpretation of events is “more likely than not.” This is a very low standard of proof. As a result, our team takes care to bolster our client's cases to the greatest possible extent. Sometimes, it's the little things that can tip a situation definitively in a student's favor.
We can similarly provide support during the hearing phase of your child's situation. While some schools/districts allow attorneys to be present during disciplinary-related hearings, others don't. Our team understands how to empower our clients' legal positions regardless of whether we are permitted to be physically present at hearings or not. Either way, administrators are likely going to do all they can to limit the risk of potential legal liability by stacking the deck against a student who has been accused of wrongdoing. Thankfully, we understand the kinds of tactics that administrators tend to employ in these situations, and we understand how to both counter them and how to use their approaches to our client's advantage.
In extreme cases, a school may violate a student's rights so blatantly that taking legal action in order to seek justice is a warranted response to the circumstances in question. Know that if your child has been degraded in this way, you do not have to manage this situation without support. Our respected team never rests on its laurels. We consistently strive to provide even more experienced and personalized approaches than ever. Yet, there is no denying that our record of success speaks for itself. Given that your child's well-being is almost certainly your highest priority, you will likely take comfort in knowing that advocating as effectively as possible on behalf of their rights is our highest priority. The attorneys at the Lento Law Firm opted to practice education law for very personal reasons. Allow us to channel our passion in ways that can directly benefit your child and your family.
Contact Us Today for Guidance
If your high schooler is under investigation or is already facing accusations related to hazing, the ways in which their school responds could impact their academic well-being and their ability to access consequential opportunities in the future. Thankfully, although it may feel as if it is you and your child, you and your child are against the world, you do not have to navigate this situation alone. The trusted Student Defense Team at the Lento Law Firm practices nationwide and understands how schools and districts – large and small, rural and urban, liberal and conservative – approach these kinds of situations. We have built a reputation that centers on our commitment to dedicated, personalized legal defense strategies. And we're here to help.
Whether your student is innocent, misunderstood, or has made a legitimate mistake, they deserve to have their rights protected as their situation unfolds. If they don't have access to experienced legal guidance now, the consequences of this single moment in time could be life-altering in terrible ways. There is no time to wait. Alert us to your situationtoday by calling 888-535-3686 or by contacting us online so that we can begin crafting a defense strategy designed to achieve a favorable outcome on behalf of your teen. We look forward to meeting you both.
