Hazing is prevalent across the U.S., with 55 percent of college students in clubs, teams, and organizations having experienced it. But hazing isn't limited to college campuses. In fact, nearly 47 percent of college students say they experienced hazing before college, highlighting the issue of hazing at the high school level.
With so much talk focusing on hazing at colleges and universities, though, being accused of high school hazing can be tough. Students and their families may feel like they're in uncharted waters, whether the student has been involved in hazing or it's a misunderstanding.
If your high school student is accused of participating in hazing, it's important to know your rights under Tennessee law. The Lento Law Firm Student Discipline Defense Team has experience dealing with hazing accusations, and we can help. Give us a call at 888-535-3686 or fill out our online form, and we'll be in touch.
What Is High School Hazing?
Giving newbies a hard time is a longstanding tradition, both in the school environment and outside of it. Gentle hazing isn't a problem, but over the decades, hazing has caused deaths and injuries.
With hazing, groups put newcomers through at least one trial, making them jump through figurative hoops as part of the initiation process. Hazing can be as innocent as making someone wear embarrassing clothing or eat something unpalatable. However, in some instances, hazing crosses over into dangerous territory.
The Tennessee legislature's hazing definition is any intentional or reckless act that “endangers the mental or physical health or safety of that student or that induces or coerces a student to endanger that student's mental or physical health or safety.” Each local education agency is tasked with adopting a written policy to address hazing in its schools, and that policy must be made available to the student body at the start of each school year.
Hazing Accusations in Tennessee
Hazing has been in the news multiple times in recent years, including an alleged incident involving the David Crockett High School football team in Washington County and a lawsuit against the Sumner County School Board over a football-related hazing incident. In fact, both cases are currently working their way through the court system, showing how seriously these allegations are taken.
But legal action isn't required for teens to be impacted by hazing allegations. Students are sometimes suspended during a hazing investigation, and they may even be expelled at the end of the process. On top of that, students may face reputation damage, and if their names are leaked to the public, they may have difficulty with college admissions and future job prospects.
In some cases, the student in your life might not even be guilty. An innocent student may be lumped in with others who participated in hazing, or events can be blown out of proportion. Even if a student has participated in hazing, though, that student's family has the right to due process, and that's where the Lento Law Firm Student Discipline Defense Team can help.
Hazing Punishment in Tennessee
The Tennessee Board of Education includes hazing with its anti-bullying policy, stressing that the behavior doesn't have to be on school property to be punishable. It also stresses that hazing can be a criminal offense. The Board of Education excludes customary athletic events and competitions from its definition of hazing. The definition also limits it to activities specifically related to initiation into organizations.
Board of Education Hazing Policies
In Tennessee, hazing policies are created on a local basis. That means the disciplinary process can vary widely from one school district to another. Making matters more complicated, many school boards don't outline punishments specific to hazing offenses.
Each school system does disclose its process for handling complaints of policy violations. In Sumner County, where football players received no discipline for a 2022 report, hazing falls under the header of harassment. According to the county's policy, harassment claims follow these steps:
- The principal or a designee makes a decision on the appropriate disciplinary action
- The principal or designee meets with each student and their parents, as well as any teachers involved
- The principal or designee presents the accusations against the student and hears the student's side of the story
- Once all sides have been argued, the principal or designee makes a disciplinary decision and shares it with the student
- The disciplinary action is logged on the student's record
- A Student Improvement Plan is generated
In Sumner County, disciplinary action for harassment can include one or more of the following:
- Schedule changes
- Behavior modification
- Community service on school grounds
- Peer counseling
- Interventions at the classroom level
- Referral to third-party agency
- In-school suspension
- Detention
- Suspension from school-sponsored activities
- Restricting honors due to the student
- Out-of-school suspension of up to 10 days
The issue isn't escalated to the school board unless the student files a complaint. Instead, one person, the principal or a designee, makes the decision as to whether to discipline any students.
Zero Tolerance on Assault
In the Washington County reported incident, the students could face up to a one-year suspension. The school adopted a zero-tolerance policy on hazing following a recent ruling by the Tennessee state legislature recommending a zero-tolerance policy for school systems. The policy enacts a one-year mandatory expulsion from school.
It's important to note that the recent legislation does not directly address hazing or even violence against a fellow student. It's designed for students who bring weapons onto campus, commit acts of violence against teachers or other school employees, or are found in possession of drugs. However, since school systems are tasked with creating their own harassment policies, they can apply a zero-tolerance policy to hazing, as Washington County has done.
Learning of a Hazing Accusation
Most students accused of hazing already know the incident in question. They might have been present, or if not, they had heard about it from fellow students. But they may be surprised when they're called to the principal's office to discuss the accusations against them.
Whether a student was involved or not, everyone has the right to tell their side of the story. The Lento Law Firm Student Discipline Defense Team often works with parents from the very start of the process. We can advise you on how to present your student's side of things to give you the best chance possible.
Hazing Investigations
Principal's offices have been doling out discipline for centuries. When infractions are minor, this works fine. A student might be ordered to attend detention for a few days or apologize to a teacher or fellow student.
However, when accusations move toward the serious, a one-person judge and jury can be frustrating. A principal wanting to send a message could crack down on an entire football team or paint a wide swath in other ways, like disciplining students whose involvement was marginal or nonexistent.
Handling a Hazing Accusation
While many students don't have the chance to request an attorney be present for the meeting, it can work in your favor. The Lento Law Firm Student Discipline Defense Team can review your school's policies and make sure due process is followed in investigating and disciplining a hazing accusation. We will counsel you every step of the way, ensuring your rights as a student are protected.
For students in Tennessee facing hazing accusations, research is crucial. Your school system is required to put its hazing policy in writing and make it readily available to students at the start of each school year. We can track down that policy and pull out the information that relates to your situation.
While we're researching, we can take a look at how your school handles reports of policy violations. Even if this includes no mention of specific infractions like hazing, it will help us determine what we can expect.
If you have a meeting scheduled with a school principal, our first step will be to gather any evidence you can to support your case. You should also work to craft a thoughtful, levelheaded response that leaves emotion out of the picture.
It's also important to remain silent once a hazing accusation is imminent. Don't discuss the matter with friends, classmates, or the media. Also, avoid discussing it with faculty members, including the principal, until you've talked it over as a family and consulted with our team.
Appealing Disciplinary Action
Once disciplinary action has been doled out, you may feel you have no recourse. But the Tennessee Board of Education recognizes a student's right to due process. As part of that, local boards give students the option to appeal a school principal's decision.
If a student faces expulsion or suspension as part of disciplinary action, the notice should include information on appealing the decision. Your appeal will be addressed to the local board of education, which will schedule a hearing to discuss the issue.
Your opportunity to stand in front of the local board is your only chance, outside of the legal system, to overturn your principal's decision. Put substantial time into preparing your arguments, bringing in any evidence and witnesses you can. Having an attorney to help you navigate the process can make a big difference.
Defending Yourself Against Hazing Accusations
Before you can defend yourself, it's important to determine whether you were, indeed, involved in hazing. Hazing can mean the following activities in the name of initiation into an organization or group:
- Emotional abuse
- Physical abuse
- Pressure to engage in sexual acts
- Public shaming, including forced nudity
- Forced excessive drinking or drug use
- Forced consumption of unpalatable foods
- Forced water consumption to the point of injury
Your best defense is that you simply were not present at all at the time the alleged incident happened. But even if you were, you have a few possible defenses as you face off against your principal or the board.
- You witnessed the incident but did not participate
- The incident doesn't fit the state's definition of hazing
- The witnesses who accused you are faulty
If there was no proof you were involved in the incident, that argument can be presented. The school may have formed its case against you using hearsay, which gives you a potential way out of any discipline. The key is to present facts using as much evidence as possible, including alibis, phone records, and witnesses.
An attorney will be able to review all policies that apply to your school and determine where you can dispute the allegations. We'll work with you to find out what happened and gather all the evidence necessary to tell your side of the story.
Disciplinary Action in Tennessee
The Lento Law Firm Student Discipline Defense Team has worked with students facing disciplinary action across Tennessee, including at the following high schools:
- Hillsboro High School (Nashville)
- Farragut High School (Knoxville)
- White Station High School (Memphis)
- Ravenwood High School (Brentwood)
- Maryville High School (Maryville)
- Hendersonville High School (Hendersonville)
- Signal Mountain High School (Signal Mountain)
- Independence High School (Thompson's Station)
- Hixson High School (Hixson)
- Bearden High School (Knoxville)
- Crosstown High School (Memphis)
- Franklin High School (Franklin)
When disciplinary action is looming, parents may turn to local attorneys for help. Unfortunately, local attorneys usually don't have the in-depth knowledge of hazing laws that we have. We can research local laws and study your school system's policies regarding hazing, but understanding the laws as they apply in other states can be helpful when disputing hazing allegations.
How the Lento Law Firm Can Help
The Lento Law Firm Student Discipline Defense Team understands how disruptive a hazing allegation can be. We help students across Tennessee, both at the high school and college level, and we use our experience to guide families as they navigate the challenges of working with various school systems.
Hazing is a serious charge that can impact you for life. It may remain on your record long after you've graduated, getting in the way of education and career opportunities. As a student, you're entitled to due process, and the right attorney can help ensure you get it.
If you're a high school student in Tennessee dealing with hazing accusations, the Lento Law Firm Student Discipline Defense Team can help. Get in touch with us at 888-535-3686 or complete our confidential online form with some details about your situation, and we'll reach out as soon as possible.
