There is no question that hazing is a dangerous activity or that it can cause serious physical, psychological, and emotional harm to students involved. Students in Nevada have died in recent years during hazing incidents. Given these facts, it makes sense that the state prohibits hazing and that most school districts in Nevada have adopted policies placing further restrictions on all hazing-related activities.
Unfortunately, laws and policies aren't always clear about the definition of hazing. It's fairly easy, in fact, for students to wind up accused of hazing when they've done nothing wrong. And even if a child has participated in hazing, schools can sometimes be too harsh in the penalties they assign. Given the publicity hazing incidents have garnered in recent years, many Nevada districts are now so anxious to protect themselves from negative press and lawsuits that they've gone overboard in punishing students. They suspend or expel students when less severe sanctions like detention would be far more appropriate.
The Lento Law Firm is always on the side of Nevada students and their families. Our Student Defense Team exists to protect student rights. We know what the law has to say about hazing in the state of Nevada. We're familiar with district policies in the state. We also know how campus justice works and how to use high school judicial processes and procedures to your child's benefit. If your child has been accused of hazing, we'll make sure they are treated fairly and that you and your family get the best possible resolution to your case.
For more information on what we can do for you and your child, call 888-535-3686, or take a few minutes right now and fill out our online form.
How Nevada Defines Hazing
Part of the difficulty of defending against hazing allegations in Nevada is that individual school districts in the state are, by and large, given the freedom to create their own administrative and disciplinary policies. Carson City School District rules reflect what matters most to Carson City parents, teachers and administrators. Eureka County School District rules reflect what's most important to the Eureka County community. This results in a patchwork quilt of rules and regulations across the state.
However, one starting point for understanding hazing in Nevada is state law. The Nevada state legislature has defined hazing and set penalties for those who participate in such activities. Most district policies take some account of what this law has to say.
Under the law, hazing is specifically defined as
“an activity in which a person intentionally or recklessly endangers the physical health of another person for the purpose of initiation into or affiliation with a student organization, academic association, or the athletic team at a high school, college, or university in this state."
There are several important components of this definition worth noting.
- Hazing need not cause direct physical injury to be a violation of the law. “Endangering” another person's physical health is enough to qualify as hazing.
- You need not “intentionally” endanger others. You can also be accused of hazing for “reckless” behavior.
- Hazing is not limited to activity on college campuses. High school organizations and associations are subject to the law as well.
- The law does not address any psychological or emotional effects of hazing. Only activities that endanger the physical health of others count as hazing.
In addition to this concrete definition, the relevant statute contains additional information to help guide the implementation of the law.
- First, the legislature makes plain that “consent of a victim” is not a valid defense to hazing.
- It goes on to explain that making entry or membership into an organization dependent on the completion of hazing activities constitutes "force." Thus, someone participating in such activities cannot actually be said to have given "consent."
Legal Enforcement
Under Nevada law, hazing is treated as a misdemeanor as long as it doesn't result in "bodily harm." Otherwise, it is a gross misdemeanor. These penalties, however, have nothing to do with a child's status as a student. That is, the law does not set educational penalties of any kind for students who have been found guilty of participating in hazing.
However, the existence of Nevada's hazing law does have an impact on high school disciplinary policies. High schools and districts in the state have an obligation to protect students under their care. When they fail to live up to these obligations, they can be sued under Nevada law for negligence. The fact that the state has a clear statute outlawing hazing means that any physical harm done to a student as a result of hazing can be treated as negligence on the part of the school. It represents a failure to protect students from unlawful actions and may be used to underpin civil action against both individuals and districts.
Consequently, most schools in the state have taken direct steps to eliminate hazing. This typically takes the form of specific rules that bar hazing and harsh, mandated penalties for students found responsible for this offense.
Nevada High School Conduct Codes
Again, districts have wide authority to develop their own policies, so hazing regulations are by no means universal across Nevada. In fact, not every district directly addresses hazing.
The Clark County School District, for example, the largest district in the state, does not specifically bar “hazing” as such. However, the Code of Conduct does prohibit several different types of "bullying." Among these is "bullying – hazing." In fact, this prohibition goes further than state law, barring not just the physical endangerment of a person but mental endangerment as well.
Until recently, the Washoe County School District had no policy at all against hazing. However, in 2024, the district adopted comprehensive anti-hazing regulations that include a detailed definition of the offense, numerous examples of activities that qualify as hazing, and specific procedures for investigating allegations of hazing. As with the Clark County policy, the Washoe policy mentions mental endangerment in addition to physical endangerment.
Policy Violations Related to Hazing
Even those districts that don't maintain a clear policy against "hazing" usually have rules that prohibit conduct related to hazing.
- Bullying: Like hazing, school bullying is prohibited under Nevada state law. In fact, as the Clark County Code of Conduct suggests, bullying and hazing are frequently mentioned together in high school handbooks, and are often treated as synonymous or, at minimum, related offenses. State law also prohibits cyber-bullying and contains language requiring districts and schools maintain a “safe and respectful” environment. Under such requirements, hazing would seem to be prohibited even when not mentioned by name.
- Civil Rights Violations: Beyond Nevada state law, federal law contains a number of provisions designed to protect specific disadvantaged groups. Title IX prohibits sexual discrimination and harassment at public (and most private) educational institutions. Title VI specifically bars discrimination on the basis of race, color, and national origin. The Individuals with Disabilities in Education Act protects those with physical and learning disabilities. Even if an incident of “hazing” is not covered under school policy, it might still be subject to disciplinary action if it violates any of these federal laws.
- Sexual Misconduct: Under Title IX, sexual “harassment” has been deemed to include many types of sexual misconduct, from stalking to date rape. Any hazing incident that involves a sexual component would almost certainly be considered a Title IX violation as well.
While Nevada's hazing law does not place a direct burden on high schools and districts to restrict hazing in their policies, state and federal laws concerning these other offenses do. Any school that refuses to police bullying incidents, for example, is in clear violation of state law. Thus, even if your child's school isn't charging them with a hazing offense, they may still be charging them with an offense related to hazing activities.
Processes and Procedures
You can be sure your child's school has clear processes and procedures in place to deal with students facing suspension or expulsion. While the law gives districts the right to impose these sanctions, only school boards have the authority to approve them. The law further provides students and their families with clear due process protections, such as the right to notice of any charges and the right to a formal hearing.
Within these general guidelines, districts are free to implement their own processes and procedures. However, there are some basic procedural elements you should expect.
- Your child should be treated as “innocent” until proven “guilty.”
- Your child's school should conduct a complete investigation before accusing them of policy violations.
- All decisions should be based on clear, concrete evidence of wrongdoing.
- Both you and your child should have the opportunity to review any evidence in the case.
- You should have the opportunity to defend your child, to present evidence, to call witnesses to testify, and to raise questions about any evidence against them.
- Your child should have the right to review by unbiased decision-makers.
- Your child should have the right to fair sanctions that are proportionate to the nature of their offenses.
You should know, however, that districts have wide latitude when it comes to how they deal with lesser offenses, offenses that might be punished with less severe sanctions such as warnings, detention, or loss of privileges. Some schools offer a process for parents to address any disciplinary action. The Pershing County High School handbook, for instance, gives you the right to appeal any disciplinary sanction. On the other hand, the Virginia City High School handbook makes no mention whatsoever of disciplinary “procedures,” suggesting that teachers and administrators have carte blanche to find students guilty of offenses and punish them as they see fit.
Keep in mind that your child may not always tell you if they've been disciplined at school. They may be embarrassed by what happened. They may be worried about how you'll respond. They may simply believe that teachers have unquestionable authority. Any sanction, though, even a warning, can cost them college acceptance and job opportunities if it shows up on their record. It's important you, as their parent, stay abreast of all their activities and monitor their permanent files. If they've been accused of something as serious as hazing, you have an absolute right to raise questions, and the Lento Law Firm can help.
What the Lento Law Firm Can Do for You
If your child is facing suspension or expulsion over a hazing incident, you should have the right to legal counsel. The Lento Law Firm attorney can be on hand from the moment your child is charged until your final appeal is exhausted. They'll not only accompany you to all meetings and proceedings but can speak on your behalf and conduct your entire defense.
- They can communicate with the school and district on your behalf.
- They can work with you to uncover evidence in the case.
- They can remind the district of its responsibilities under the law and make sure it follows due process.
- They can draft and file any necessary documents.
- They can negotiate with the district so your child gets the best possible resolution to their case.
- They can conduct your entire defense at the hearing, from making arguments and raising objections to introducing evidence and cross-examining witnesses.
There is no law firm in the country better equipped to defend you and your family than the Lento Law Firm. You may be tempted to hire a local or family attorney because they're locally-based or they know your child. The fact is, though, that such attorneys don't have a background in education law. They aren't familiar with school policies. They don't have experience representing students in district judicial processes.
The Lento Law Firm has defended hundreds of students from all types of charges, including hazing. We know how to handle faculty and administrators, and we know how to use judicial rules and procedures to protect your child.
What Can the Lento Law Firm Do For You?
Hazing can be a complex charge to defend. It's usually not just about determining whether or not your child was involved. There may be questions about whether or not the activity actually meets the definition of hazing. It is not always clear whether a hazing incident was connected to a school; if it wasn't, the school has no jurisdiction. If your child has a disability, including a learning disability, they may be entitled to special treatment during the judicial process.
If your child has been charged with hazing, you are always better off with someone from the Lento Law Firm Student Defense Team on your side. We can walk you through the process from start to finish. We'll help you build a strong defense, we'll represent you in every way possible, and we'll fight hard to get you the best possible outcome.
For more information on just what we can do for your case, contact the firm today at 888-535-3686 or fill out our online questionnaire.
