As both the federal government and the state of New Hampshire recognize, hazing can be a dangerous activity. That's why, in fact, it is explicitly prohibited under New Hampshire law. Hundreds of students have suffered serious physical injury and even died as a result of hazing. Many more have been victims of psychological and emotional harm.
While we tend to associate hazing with college students pledging fraternities and sororities, it's a problem on high school campuses as well. The law makes no distinction between whether the hazing takes place at a university or a high school, and every school in the state of New Hampshire prohibits the practice, with penalties up to and including suspension and expulsion.
However, just because your child has been accused of participating in hazing does not mean they deserve these kinds of severe penalties. Schools and districts can get things wrong. Students can be falsely accused. And even if your child has made a mistake, they always deserve due process and fair sanctions.
If your child is facing a hazing allegation, the Lento Law Firm is on your side. Our Student Defense Team was founded to protect student rights. We know what the law has to say about hazing, and we're experienced with high school judicial processes. We'll make sure you're treated fairly and that you get the very 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 an online form.
How New Hampshire Defines Hazing
Again, while all schools in New Hampshire prohibit hazing, hazing is not merely a matter of school policy. It's a matter of New Hampshire law.
If your child has been accused of hazing, one of the first things you should do is examine the law and specifically how it defines hazing. Not every incident meets the definition, and if it doesn't, it's unlikely your school can hold your child responsible.
As with any law, the anti-hazing act has multiple parts. First, there's the definition of hazing itself: “any act directed toward a student, or any coercion or intimidation of a student to act or to participate in or submit to any act” which is “likely to cause physical or psychological injury,” and which is a condition of “initiation into, admission into, or continued membership in” any organization.
That's a mouthful, and in sorting it out, it is easy to miss some of the key points. It's important you note, though, that.
- Hazing isn't just about physical injury. Psychological harm can be just as damaging to those participating and is treated as such under the law.
- Injury does not have to actually occur for someone to be guilty of hazing. If an act is “likely to cause” harm, it is treated as though it had caused harm.
- Hazing is not just about membership in a fraternity, sorority, or other exclusive organization. It can be connected to any type of organization, from athletic teams to academic honor societies. The definition is far less about who is participating and more about the nature of the act itself.
Beyond the basic definition, the law makes two additional points about hazing.
- First, the law applies to private schools as well as public.
- Second, “consent” is irrelevant in hazing cases. It does not matter if the hazing victim is a willing participant in what happens. If membership is at stake, there is coercion involved, making the act contrary to the law.
Legal Enforcement
The law further establishes hazing as a Class B Misdemeanor offense, and it doesn't distinguish between those who "participate" and those who "submit" to hazing. In other words, your child can be accused of hazing even if they are the one being harmed by the activity. They can also be charged for knowing about hazing and failing to report it.
Perhaps more important than what the law says about active participants, though, is what it has to say about educational institutions. High schools have a responsibility to actively “prevent” hazing and to report any hazing activity to local law enforcement. Failure to do so is also a Class B Misdemeanor and is defined by the law as “negligence.” This word is key. It leaves school personnel and districts open to both criminal and civil charges any time hazing occurs.
As a result, all schools in the state of New Hampshire are anxious to eliminate hazing on campus. All of them mention hazing in their student handbooks, and all treat hazing as a serious offense. You can expect your child's high school to be vigilant in prevention methods, vigorous in investigations, and harsh in punishing anyone found responsible.
New Hampshire High School Conduct Codes
Hazing is against New Hampshire state law, and all high schools in the state prohibit it in their student conduct codes. Keep in mind, though, that schools in New Hampshire generally have wide latitude in developing their conduct codes, and how each one addresses the issue of hazing can differ depending on the specific school district.
Here is what they almost always have in common.
- Hazing is virtually always treated as among the most serious offenses. In the Pinkerton Academy handbook, "Level 1" offenses are the most severe. In the Exeter High School handbook, "Level 3" is the most severe. In both cases, hazing appears on the list.
- In keeping with its designation as a major offense, most schools in New Hampshire punish it with the harshest sanctions, usually suspension or expulsion.
- Most schools prohibit hazing both on and off campus, or, as the Nashua High School South handbook puts it, "regardless of where such hazing occurs." If the hazing is in any way connected to the school itself, it qualifies under the conduct code.
Policy Violations Related to Hazing
Of course, there are a number of activities related to hazing that are violations of either New Hampshire State law, high school conduct policies, or both. If your child should be accused of participating in hazing activities, they may also be charged with one or more of these other offenses.
- Bullying: Like hazing, school bullying is prohibited under New Hampshire state law. In fact, bullying and hazing often appear together in high school handbooks. Not only can they have similar physical and psychological outcomes, but they often occur simultaneously. Taken to extremes, the kind of forcible activities involved in hazing can easily become a form of bullying.
- Civil Rights Violations: Federal law contains a number of provisions designed to protect disadvantaged groups. Title IX, for instance, prohibits all forms of sexual discrimination and harassment at public (and most private) educational institutions. Title VI specifically prohibits discrimination based on the basis of race, color, and national origin. The Individuals with Disabilities in Education Act protects those with physical and learning disabilities. Hazing that involves any discrimination or harassment based on such protected statuses can be violations of federal law.
- Sexual Misconduct: Title IX doesn't just apply to discrimination and harassment but to all forms of sexual misconduct. Any hazing that involves a sexual component would almost certainly be considered a Title IX violation as well.
As with hazing itself, these several other laws don't just outlaw the activities but put the burden on schools to prevent and report violations. Often, when violations occur, high schools and districts can be held financially liable. As a result, districts take these offenses extremely seriously, and infractions almost always carry stiff penalties like suspension and expulsion.
Processes and Procedures
All New Hampshire schools are required to maintain some processes and procedures for handling disciplinary infractions. Unfortunately, however, because districts have such latitude in how they operate, there is no single approach common to all of them.
Any time issues of justice are at stake, best practice is to afford the accused as many due process rights as possible. This applies to campus justice just as it does to a criminal court.
- Accused students should be treated as “innocent” until proven “guilty.”
- Schools should conduct investigations before accusing students of policy violations.
- Decisions should be based on clear, concrete evidence of wrongdoing.
- Students and parents should be allowed to review any evidence in a case.
- Students should be allowed the opportunity to defend themselves, to present their own evidence, to call witnesses to testify, and to raise questions about any evidence against them.
- Students should have the right to review by unbiased decision-makers.
- Students should have the right to fair sanctions commensurate with the nature of their offenses.
Best practice, of course, frequently differs from actual practice. Most schools provide at least some due process protections, particularly if suspension or expulsion are possible sanctions. At Dover High School, for example, students facing suspension are entitled to
- Notification of the charges
- A hearing where evidence is presented and witnesses can be questioned
- A written decision
- The right to appeal the hearing outcome to the Dover School Board
However, even this process fails to provide certain fundamental protections. There is no mention of a right to the presumption of innocence, for example. Nor is there a discussion of the standard of evidence used to decides such cases.
The bottom line is that school policies can be complicated and difficult to navigate. Processes and procedures can be confusing and poorly defined. In such circumstances, it becomes more difficult to get fair treatment and justice for students. If your child is charged with hazing or any other serious offense, you don't want to try and handle the situation yourself. You want professional help from attorneys with experience handling student misconduct cases. You want the Lento Law Firm on your side.
What the Lento Law Firm Can Do for You
When the possibility of suspension or expulsion is involved, most New Hampshire school districts will allow you to be fully represented by counsel during any investigative meetings and judicial hearings. This means a Lento Law Firm attorney can be on hand to answer investigative questions and can conduct your entire defense at the hearing, from introducing evidence to cross-examining witnesses.
Whether or not your district allows this kind of direct representation, though, a Lento Law Firm attorney can play a crucial role in building your defense and protecting your rights.
- 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 any necessary documents on your behalf
- They can negotiate with the district so your child gets the best possible resolution to their case.
The Lento Law Firm is the premier law firm in the country when it comes to student defense. Local and family attorneys don't have a background in educational law, and they don't have experience dealing with district judicial procedures. We've helped hundreds of students and their families deal with issues ranging from hazing to sexual assault. We know how to protect you. We know how to use the system to your best advantage.
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 adjudication process.
If your child has been accused 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 you case, contact the firm today at 888-535-3686 or fill out our online questionnaire.
