Hazing is commonly linked to college students rather than those in high school. It's been a major concern for colleges because it's received significant attention from the media. However, high schools also take this issue seriously and have strict consequences for such behavior.
In Nebraska, schools don't hesitate to punish students accused of hazing despite the clear policies and state laws in place. High schools don't want to be seen tolerating harm or humiliation towards their students.
If your child is accused of hazing in a Nebraska high school, they may not be given a fair opportunity to defend themselves. At the Lento Law Firm, we understand the frustration of this situation and are here to offer our support. We represent students in disciplinary cases and will fight for your child's right to a fair process. Contact us at 888-535-3686 or fill out our consultation form, and we will be in touch with you.
Nebraska State Hazing Law
In Nebraska, hazing is a crime. The law defines it as “any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with any organization.”
Unlike some states, Nebraska doesn't specify that hazing only takes place at postsecondary institutions. This definition, therefore, would apply to K-12 student organizations as well.
The law also provides examples of hazing:
- Whipping
- Beating
- Branding
- An act of sexual penetration
- Exposure of the genitals of the body with the intent to affront or alarm any person
- Lewd fondling or caressing of the body of another person
- Forced and prolonged calisthenics
- Prolonged exposure to the elements
- Forced consumption of any food, liquor, beverage, drug, or harmful substance not generally intended for human consumption
- Prolonged sleep deprivation
- Any brutal treatment or the performance of any unlawful act which endangers the physical or mental health or safety of any person
In addition to any legal penalties, schools also punish students for hazing. These punishments may vary in severity, depending on how serious the hazing allegation is.
Nebraska Anti-Bullying Law
The state of Nebraska also has an anti-bullying law. The law states that bullying disrupts the education process and threatens public safety; it also requires each school district to develop and adopt a policy concerning bullying every year. Many school districts consider hazing a form of bullying and apply the same discipline framework to hazing as they would to bullying.
The definition of bullying in Nebraska law is “any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose by a school employee or his or her designee, or at school-sponsored activities or school-sponsored athletic events.”
State law also states that bullying is grounds for long-term suspension, expulsion, or mandatory reassignment when it happens on school property or at school-sponsored events. Nebraska also has a statewide Student Discipline Act, which explains how students should be punished, and the processes districts and schools must use when disciplining students.
Familiarizing yourself with this act, along with your district's bullying policy, is a smart move if your child is accused of hazing. These policies spell out protections for students accused of behavior violations at school, and you should know how to use them to defend your child and ensure they get their due process rights. You should also contact the Lento Law Firm's Student Defense Team. We understand Nebraska education laws, and we'll be able to apply district and school policies when building a solid defense for your student.
How Do Nebraska High Schools Handle Hazing?
Nebraska schools generally follow state law when it comes to hazing, and many consider it a form of bullying. In Omaha Public Schools (OPS), bullying is considered a Level 2, 3, or 4 offense depending on the severity. Punishments students could face for hazing or bullying include:
- Short-term removal from the school environment
- Immediate removal from the school environment
- Mandatory reassignment to another school setting
- Expulsion to another school or alternative program
OPS uses a slightly modified version of the state's definition of bullying, defining it as “any intentional, ongoing pattern of written or verbal expression, electronic abuse, physical acts, or gestures intended to cause distress or harm upon one or more students and includes an imbalance of power.”
Lincoln Public Schools (LPS) has a Rights and Responsibilities of Students document which defines and prohibits bullying. The district emphasizes restorative practices as a punishment for student misbehavior rather than removal from school. Teachers and school administrators are allowed to take “reasonable actions” concerning student behavior without having to resort to due process, as long as the punishment is not a removal from school. Some examples of these actions include:
- Student counseling
- Parent conferences
- Rearrangement of schedules
- Requiring a student to stay after hours to complete additional work
- In-school suspensions
- Restricting extracurricular activities
- Restorative chats, conferences, mediation, and circles
- Collaborative agreements
If the proposed punishment for the alleged bullying or hazing is suspension, expulsion, or mandatory placement in another school, the school must give the accused student due process rights. The district's Department of Student Services holds conferences to review the basis for the suspension and determine the next steps.
Disciplinary Procedures for Hazing
Hazing is generally considered a serious offense by Nebraska high schools. Typically, the proposed punishment for the hazing is, at minimum, suspension and, at most, expulsion. When the penalty is removal from school, administrators must follow formal processes that allow accused students a chance to hear the charges against them and defend themselves. It's important to keep this fact in mind as a parent. Schools cannot take such drastic disciplinary actions without first attempting to gather the facts and letting your child (or you) refute the allegations.
According to Nebraska law, bullying, and hazing can be punished by long-term suspension, expulsion, or mandatory reassignment. The State Board of Education's Student Discipline Act clearly states procedures schools must follow when they want to pursue any of these penalties. These procedures are summarized below.
Written Notice
The formal process starts when a school principal sends a written notice of the charges to the superintendent. Generally, the principal conducts an investigation or gathers evidence before sending this statement, as the statement itself must include a summary of the evidence. The written notice should also state that the student has a right to a hearing and to counsel.
Students and parents have five school days to respond to this notice and request a hearing. If they don't, the principal's proposed punishment takes effect. Also, the principal can suspend the student while the written statement is on its way to the superintendent.
Hearings
You and your student can try to resolve the matter via private discussions with the principal before the hearing takes place. However, if you're unable to find a solution, you can have a hearing. At the hearing, your child can have legal representation. Your attorney can call and cross-examine witnesses and present evidence.
Once the hearing is over, the hearing examiner compiles a report with their decision and recommended action. The examiner can recommend no action, counseling, long-term suspension, expulsion, mandatory reassignment, or alternative educational placement. The superintendent reviews the report and either changes, revokes, or imposes the sanctions.
Appeals
Within seven school days of the superintendent's decision, you can appeal with a written request. You send this appeal to either the secretary of the board or the superintendent. The school board then schedules an appeal hearing within ten school days of your request. Three members of the board sit at the hearing and deliberate once it's over.
The board members who listen to the hearing can lessen the sanction, but they cannot impose a harsher sanction than the one the superintendent approved.
Judicial Review
The school board isn't your final step for appeal—you can still seek judicial review. This process requires you to petition the district court of the county, where the action is taken within 30 days of the school board's appeal hearing. The court can take one of three actions:
- Affirming the decision of the school board
- Remanding the case for further proceedings
- Reversing or modifying the decision if the substantial rights of the petitioner may have been prejudiced
Most states don't have a statewide Student Discipline Act like Nebraska. This document is crucial because it guarantees every student the right to a hearing and appeals process if their school principal wants to punish them with a long-term suspension, expulsion, or mandatory reassignment.
However, without the proper legal training or background in education law, you might find all the laws and policies a bit overwhelming. That's why working with the Student Discipline Defense Team at the Lento Law Firm is in your best interest. Our attorneys are familiar with education law in Nebraska, including the Student Discipline Act. We know what your school, school board, and superintendent are allowed to do and when you, as a parent, are allowed to question their actions. You have a responsibility to fight for your student's rights; you shouldn't let your school punish your student so harshly without even questioning it. Our team is ready to help you defend your child's rights and ensure the school is following all the due process rules.
The Consequences of Being Accused of Hazing Violations
When students are accused of hazing, they may face severe consequences that go beyond just school discipline, regardless of whether they're expelled or not. They can be rejected by their peers and teachers or encounter difficulties with college admissions and job opportunities. The loss of scholarships and grants can also make it challenging to afford tuition.
A hazing accusation can also have a detrimental impact on a student's social and emotional growth. They may be prohibited from participating in extracurricular activities, which can further isolate them from their social circle. Even after completing their education, students may struggle in their desired career paths due to their involvement in hazing, particularly in professions that require licensing, such as healthcare, education, and law.
Hazing allegations can have long-term repercussions, even if the allegations were mishandled. False accusations, which can arise from strained relationships or pressure to succeed, are a real concern for many high school students. While schools have a responsibility to promptly address hazing issues, they must also do so thoroughly and provide accused students with a fair opportunity to clear their names.
Can a Student Defense Team Help?
If your child is facing hazing allegations at a Nebraska high school, it's crucial not to handle the situation alone. The school's disciplinary procedures do not necessarily assume your child's innocence, and they only require a low level of evidence to build a case against them. To ensure the best possible outcome, seek assistance from the Lento Law Firm Student Discipline Defense Team.
Our firm is a valuable resource for students and families in Nebraska because we:
- Collect evidence and gather witness statements to support your defense.
- Help you prepare a response to the accusations and get 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 pursuing further legal action.
The Lento Law Firm Team will be by your side throughout the disciplinary process. We'll offer guidance and support as you and your child navigate the hazing allegations. We understand how stressful this can be for both your child and your family, and we want to help alleviate the burden. By working with our team, you and your child can continue your daily lives without the weight of defending a hazing accusation.
Call us today at 888-535-3686 or fill out our contact form with your information, and a member of our team will be in touch with you.
