Hazing, although intended as a lighthearted means of forging bonds between intending and existing members of an organization, can quickly degenerate into hazardous and, in some instances, fatal activities. In West Virginia high schools, hazing is prohibited because of its procedures and the potential outcomes.
Because of such negative perceptions or bias against hazing actions, students who participate in hazing activities, even as bystanders, are often at risk of disciplinary action from the school's authority. Depending on the outcome of the disciplinary hearings, they may be at risk of suspension or expulsion.
This is why you need the help of the Lento Law Firm's experienced Student Defense Team. Our legal team is committed to helping you navigate this process, providing the necessary guidance and legal advice that you'll need.
Call the Lento Law Firm today at (888) 535-3686 or fill out this contact form for a free consultation.
What Constitutes Hazing in High Schools?
Simply put, hazing is an initiation activity that often involves intentional acts of intimidation, humiliation, and abuse. In some instances, these activities often endanger the well-being of the newbie participants and sometimes lead to tragic outcomes for them.
Some critical aspects of hazing include:
- It usually involves individuals, some with all the power and others with none.
- It may involve some sort of bullying from members.
- The new “recruits” or intakes often have to suffer through demeaning activities for it to count as hazing.
- The activities often seem like fun, but it's not for those on the receiving end.
Although it is prohibited in West Virginia, individuals and organizations still conduct hazing activities because it is often termed a “rite of passage” for new members. It is so common that an estimated 47 percent of high school students who responded to a hazing study survey across the country admit to having experienced some degree of hazing before college.
Types of Hazing in West Virginia High Schools
There are various hazing categories. These include:
- Mild or subtle: Recruits or aspiring members typically undergo acts of intimidation such as social isolation, derogatory name-calling, demeaning tasks, mandatory possession of weird items, and deception. Since this is the most basic form of having, the frequency of occurrence is high.
- Intermediate or harassment: This involves the use of harassment, implied or implicit threats, verbal abuse, forced wearing of embarrassing outfits, and forced participation in degrading actions.
- Extreme or violent hazing: This involves acts such as physical assault, paddling or beating, waterboarding, and abduction. This rarely happens in high schools.
It doesn't matter if you were an active participant or not. Once an allegation of hazing has been leveled against you, there's a chance you may have to undergo disciplinary action by the school board. This is because non-active bystanders are considered just as complicit in the acts as the active participants.
If that happens, you must protect yourself and fight for your rights. And if you're a parent or guardian whose child or ward has been accused of hazing. In that case, ensuring they are protected and have the resources required to defend themselves before their school's disciplinary committee is essential.
Potential Consequences of a Hazing Violation in West Virginia High Schools
Most schools have an anti-hazing policy in place. Therefore, hazing activities in a West Virginia high school can attract disciplinary action for participating students and their organizations. Schools can take the following disciplinary actions against accused students:
- The student may be suspended, expelled, or face other disciplinary actions such as undergoing educational or training programs highlighting the hazards of hazing in high schools.
- The school may also rescind the organization's permission to operate within its jurisdiction.
- If the person carrying out the hazing isn't a student or is not affiliated with the school, they will be kicked out or removed from the school property.
The West Virginia Board of Education's rules on hazing are clear and show a strong commitment to eliminating hazing in the state's educational institutions.
Factors Determining Hazing Violation Penalties
The extent of reprimand or punishment for West Virginia high schools' hazing violations can be determined by :
- The severity of your hazing actions: Hazing violations involving extreme activities such as physical abuse and beating or serious physical and mental torture will attract severe disciplinary outcomes.
- Extent of harm: Hazing activities where victims are badly hurt may attract harsh disciplinary actions including expulsion.
- Ingestion of harmful foods and drinks: Most high schoolers are often younger than 18. This means if they're forced to drink high levels of alcohol or take illicit drugs as part of the hazing process, participants may be suspended or expelled from school.
- Your role in the hazing violations: Active participants, organizers, leaders, and executors will likely face more severe consequences. Passive bystanders may also face some consequences.
West Virginia's emphasis on disciplinary actions for hazing violations underscores its commitment to drastically reducing or eliminating hazing activities within the state.
Hazing Violations Disciplinary Action Process in West Virginia
Understanding the hazing violation's disciplinary action process will help you prepare a better defense during the hearing. Here's what the process looks like:
- Incident report: This kickstarts the entire process. Either a fellow student or a teacher files an incident report or reports the incident to the school authorities.
- Investigation and evidence gathering: Once they receive a hazing violation report, the school authorities will investigate it. This process may include talking to witnesses, the victims, and other involved parties.
- Disciplinary hearing begins: The student and their parent(s) will receive a written notice of the hazing violation charges and a notice of the hearing. If there's a chance the student will be suspended or expelled, they can have legal counsel present. Once the charges are read, the student is allowed to narrate their version of the incident. After this, the principal or the disciplinary board will decide whether to suspend or expel the student.
This is where our experienced Student Defense Team at the Lento Law Firm can make a lot of difference. We can help you make your case before the principal and/or the disciplinary board (even the county board which governs disciplinary actions), tell your side of the story, and hopefully influence the outcome positively.
Consent in High School Hazing - Does it Matter?
West Virginia's anti-hazing laws do not recognize consent as a defense. So, it doesn't matter if the student expressly gave their consent, implied it, or indicated a willingness to partake in the activity. As far as the law is concerned, students who partake in hazing activities break the law.
So, if you've been accused of hazing, you cannot use that argument in a West Virginia high school. This is why you need to consult with an experienced West Virginia student defense attorney who understands the hazing laws in the state and knows how to frame your defense so that you can obtain a fair outcome from the school's disciplinary hearing sessions.
Complainant Confidentiality and How It Affects Your Case
One of the biggest challenges that you'll face is the often anonymous nature of hazing complaints against you. West Virginia's guidelines specifically allow school authorities to protect the accuser's identity until it's necessary to disclose it.
This helps protect the complainant from further intimidation, bullying, or retaliatory attacks due to their complaints. This inability to identify who filed the complaint can affect your capacity to craft an appropriate defense. You'll be at a great disadvantage without the right legal help or defense.
What Should You Do if Hazing Complaints Have Been Filed Against You?
One critical mistake students make when they're accused of hazing violations is not taking the situation seriously. They either assume the affected student won't file a report or do not understand the gravity of their situation.
However, they forget that others, including the victim's parents, may have filed the complaint. Because hazing complaints can be anonymous, the school principal and other members of the school's leadership will not disclose the source of information unless the student or their parent permits them to do so.
As soon as you're aware of or suspect that you may be the target of a hazing complaint, you must take immediate steps and respond appropriately. The most important step is to consult an experienced West Virginia high school hazing defense lawyer who will provide legal guidance throughout the process.
Your lawyer will do the following:
- Work to understand the specific hazing violations that you've been accused of.
- Advise you to avoid discussing the issue with other students, as this could lead to further complications.
- Help you cooperate with the investigations by providing all requested information.
- Help prepare your evidence, including emails, texts, phone call logs, videos, or recorded conversations.
- If there are witnesses, get their contact details and statements contradicting the allegations.
- Study the school's and state's anti-hazing laws and policies to understand how to navigate the issue.
- Provide guidance on how to act during the hearings or interviews.
Lastly, make sure your attorney is present when you meet with the school's authorities. Your attorney will protect your rights during the hearings and provide guidance where necessary.
The Lento Law Firm's Student Defense Team can specifically help you through this process. We'll help you prepare for your hearings, be available during the hearings, and recommend the best course of action for your situation.
Potential Defense for High School Hazing in West Virginia
Students who are accused of hazing violations by their schools may consider the following defenses to counter the allegations:
- No intention to inflict personal harm: the basis of West Virginia's hazing allegations is the reckless or intentional endangerment of another individual's well-being and safety. You can argue that you did not intend to hurt them and that you did not directly participate in the hazing actions.
- Misunderstanding of the activities: You can state that the activities were misconstrued as hazing, particularly if the intention of the exercises was team bonding. You'll have to emphasize that the activities were not intended to cause harm or abuse the participants.
- Not present during the exercise: Sometimes, just being a member of the organization can lead to unwarranted exposure and subsequent inclusion in a hazing allegation claim. If you were absent during the incident and have an alibi, you may want to present that and show that you were not involved.
- No active participation: If you were not actively involved in the execution or planning of the hazing exercise, you could use that as your defense. You'll have to detail the extent of your responsibility and possibly name others who were active participants.
- Procedural errors: If there were flaws in the investigative or filing process, you can argue a case dismissal due to the mistakes.
These are just some of the defenses that our Student Defense Team at the Lento Law Firm can pursue high school students in West Virginia who have been accused of participating in hazing.
Contact a West Virginia High School Hazing Defense Attorney
In West Virginia, hazing is a serious issue. You cannot afford to be dismissive of accusations of hazing violations. It could lead to in-school or out-of-school suspensions. Worse, you could be expelled from school.
Depending on the county, an expulsion means you may be ineligible for enrolment in a West Virginia school for 1 year – see Fairfax County Public Schools. Also, a record of suspension or expulsion may affect your chances of getting into a college or even securing a job in future.
Let the Student Defense Team at the Lento Law Firm help you prepare an effective West Virginia high school hazing defense. Because we're experienced in handling these kinds of cases, we'll explore various effective defense options, protect your rights at disciplinary hearings or meetings, and ensure you get a fair chance to tell your side of the story and defend yourself.
Call (888) 535-3686 or complete this contact form to talk to a West Virginia high school hazing defense lawyer today.
