Hazing is a common way to initiate new members into student groups (like fraternities and sororities) at colleges across South Dakota and the US in general. Because of the prevalence of hazing at colleges and universities, some mistakenly assume it's primarily restricted to these settings.
That's not necessarily the case. According to research on hazing trends in the US, approximately 1.5 million American high school students experience hazing every year. By the time they start college, almost half of all new college students in the US will have already experienced some form of hazing in high school.
Hazing can take many forms. Sometimes, it involves mildly embarrassing a new member of a student group, such as requiring them to sing loudly in public. Other methods of hazing, like drinking games and physical brutality, have the potential to cause serious harm.
School districts and private high schools across South Dakota take hazing incidents seriously. They have a duty to protect students. As such, school officials are often inclined to punish those found responsible for hazing fairly harshly.
Are you a student or the parent of one accused of hazing at a South Dakota high school? If so, our attorneys at the Lento Law Firm Student Defense Team have the unique experience necessary to represent a student under investigation by school officials. Learn more about how we can help by submitting your information through our online contact form or calling our offices at 888-535-3686 today.
What Qualifies as Hazing in South Dakota?
Many states have anti-hazing laws. Although the specifics of these laws can vary from one state to another, in general, they provide a legal definition for hazing in their states.
They may also include requirements that apply to school districts. For example, some anti-hazing laws require school districts to establish clear anti-hazing policies and to provide students with information about said policies.
High schools, colleges, and other such institutions don't always have to establish anti-hazing policies that directly mirror the laws in their state. However, those responsible for creating these policies may reference legal statutes when drafting said policies.
South Dakota is one of a few states that doesn't currently have an anti-hazing law on the books. Although a bill that would have defined criminal hazing passed the South Dakota Senate in 2022, it failed upon reaching a House Committee.
That means school districts and private schools in South Dakota don't have a statewide legal definition of hazing on which they can base their own anti-hazing policies. Thus, anti-hazing policies can theoretically vary significantly across South Dakota high schools.
You need representation from attorneys who understand how these variations may affect your case. That's exactly what you'll find at the Lento Law Firm's Student Defense Team.
Common Forms of Hazing
Surveys of college students indicate the most common forms of hazing at colleges and universities in the US are:
- Drinking games
- Being compelled to sing or chant in a public setting that isn't a sports game, practice, meet, match, or other such setting where these behaviors are normalized
- Drinking alcoholic beverages to the point of becoming ill or passing out
- Being compelled to drink large quantities of non-alcoholic beverages
- Being woken up in the middle of the night
- Being berated or otherwise verbally mistreated by other members of a student organization
It's worth noting that hazing trends may not be exactly the same at the high school level. High school students may not have as much access to alcohol as college students, potentially influencing their hazing methods.
Potential Consequences of Hazing Accusations in South Dakota
The consequences a student may face when a school district finds them responsible for hazing can depend on many factors. Examples include (but aren't limited to):
- Whether a hazing incident caused injury or any other such form of harm
- The method of alleged hazing a student is accused of
- The potential for an alleged hazing incident to cause harm
- Whether a student has been in trouble before
Penalties school officials may consider when punishing a student found to have participated in a hazing incident include:
- Probation
- Suspension
- Expulsion
Such penalties could follow you through life. For example, a suspension or expulsion could make it difficult to gain entry into college. This will significantly slow your academic career (slowing your professional career as a result).
Even if you do eventually obtain your degree, potential employers might spot a gap or delay in your education. They may ask you to explain this detail. If you have to reveal to potential employers that you were suspended or expelled from high school because of hazing allegations, those employers might not be inclined to hire you.
We don't offer these points to add to your concerns right now. We simply believe it's critical to take hazing accusations seriously.
Don't ignore these accusations. By enlisting the help of our Student Defense Team at the Lento Law Firm, you can take proactive steps to protect your future.
How a South Dakota High School May Ignore Due Process Rules During a Hazing Investigation
A South Dakota school district investigating allegations of hazing isn't the same as a criminal investigation. You might be pleased with this if you're under investigation. Although your current circumstances are stressful, at least they're not as intimidating as a criminal case.
This is an understandable attitude. However, it's important to know that some of the differences between criminal cases and high school investigations may not necessarily be in your favor.
Cops, prosecutors, judges, and other such parties have to follow the rules of due process in a criminal case. This generally means they need to abide by certain rules, standards, procedures, and regulations to ensure fair treatment of someone accused of a crime. A conviction might not stand if it can be shown that a due process violation occurred anywhere along the way.
South Dakota high school investigations into alleged hazing incidents are different. Although school officials can't break the law, they may not be as strict about following due process rules during an investigation.
The following are a few examples of ways school district officials in South Dakota may ignore due process when investigating a hazing case:
- Informing you of the accusations against you without giving you enough time to work on a defense
- Asking you to participate in hearings, interviews, meetings, etc., without informing you of certain rights, such as the right to have attorneys present
- Deciding whether to penalize you without first meeting the burden of proof
You may be too intimidated to speak up for yourself if you believe school officials investigating your case are violating your rights. Because you may not have experience with this type of investigation, you might not even know when a violation of your rights is occurring.
This is another reason to hire attorneys qualified to handle a case like yours. At the Lento Law Firm, lawyers with our Student Defense Team are prepared to speak out on your behalf if due process violations occur.
What Not to Do if You've Been Accused of Hazing
Hiring lawyers also helps you avoid making the types of mistakes that could otherwise negatively affect your case's outcome. We'll answer all your questions, ensuring you thoroughly understand what you should and shouldn't do as your case proceeds.
Common examples of what NOT TO DO when you've been accused of hazing at a South Dakota high school include:
- Discussing the case socially or posting about it on social media
- Discussing the case with other students who may also have been accused of participating in the same hazing incident
- Confronting or trying to contact your accuser
- Agreeing to participate in hearings, meetings, interviews, etc. without lawyers present
- Trying to negotiate a deal with school officials yourself
- Lying
Again, this isn't a criminal case. That's not to say there's no value in treating it like one.
Perhaps you already know that remaining silent and contacting a lawyer is your best course of action if you're ever charged with a crime. The same applies if you're facing hazing accusations. Instead of trying to handle the matter yourself, get in touch with the Student Defense Team at the Lento Law Firm. We'll represent you throughout an investigation, guarding against potentially harmful errors.
We Defend Students Throughout South Dakota
The following are just some of the South Dakota cities and metro areas whose students we're prepared to defend when they're accused of hazing:
- Sioux Falls
- Rapid City
- Aberdeen
- Brookings
- Watertown
- Yankton
- Mitchell
- Huron
- Pierre
- Box Elder
- Spearfish
- Vermillion
Once more, those are only a few examples! No matter where you live in South Dakota, if you're a high school student or the parent of one facing accusations of hazing, we at the Lento Law Firm Student Defense Team are on hand to offer the defense you need right now.
Potential Defenses in a South Dakota High School Hazing Case
There's no universal strategy we employ when defending South Dakota high school students accused of hazing. Our philosophy is that the best defense strategy for any client is one that accounts for the specific details of their case. The sooner you begin working with us, the sooner we can begin working on a defense strategy tailored to your unique needs.
However, before you have a chance to discuss your case with us, you might find it helpful to review the following examples. They represent common types of basic defense strategies that attorneys may consider in a case like yours.
Ways student defense lawyers may approach hazing cases include:
- Identifying weaknesses in the case against a student: The burden of proof is on school officials to show accusations of hazing are true. One of the key ways lawyers help students accused of hazing is by citing weaknesses (such as lack of evidence) in the cases school districts present.
- Proving an alibi: Some students accused of hazing have alibis placing them elsewhere at the time of alleged hazing incidents. A student may be falsely accused of hazing if someone mistakes them for another student, or if they have a grudge against them. In either circumstance, lawyers can help students gather evidence proving their alibis.
- Arguing an incident doesn't qualify as hazing: Anti-hazing policies at South Dakota school districts rarely list all the specific behaviors that may qualify as hazing. Instead, they typically provide general definitions of the term. Thus, there are sometimes instances in which there may be debate regarding whether an incident even meets the criteria for hazing. Attorneys may consider this when working on defense strategies.
- Showing a student didn't participate in a hazing incident: A student's presence when a hazing incident is occurring doesn't necessarily guarantee the student participated in said incident. It's not uncommon for hazing rituals to take place at crowded parties and other social settings. Not everyone attending these parties is necessarily involved in a hazing incident. Attorneys representing a student accused of hazing can sometimes argue the student was present for a hazing incident but didn't take part in it.
- Showing an incident was staged: Filming staged hazing incidents and uploading the videos or photos on social media isn't unheard of in the digital age. While filming staged hazing incidents isn't wise, as it may still represent a minor violation of a school's policies, arguing that an alleged hazing incident was actually staged is sometimes a legitimate defense strategy now.
We may defend you using one of the above strategies, none of them, or a combination of strategies. The best way to learn more about how attorneys can help you when facing hazing accusations at a South Dakota high school is to get in touch today.
South Dakota Student Defense Attorneys Can Help When You're Accused of Hazing
We know you may worry about your future after learning of hazing accusations. We can offer the peace of mind that comes from knowing lawyers with experience representing clients like you are handling your case.
When facing hazing accusations at a South Dakota high school, the right defense can play a critical role in your future. Get started today by calling the Lento Law Firm Student Defense Team at 888-535-3686 or contacting us through our online contact form.
