In 2023, new changes to Washington's anti-hazing laws attached stricter punishments to initiation activities and were specifically expanded to address high school hazing. These changes prioritize student safety and well-being and are designed to promote safe, respectful learning environments for all students involved.
Hazing is dangerous and goes against this mission. However, not all problematic behavior in school rises to the level of hazing, and well-intended disciplinary actions can often come at the expense of an accused student's due process rights.
If your child has been accused of hazing in high school and you are concerned about their due process rights, we want to hear from you. Call the Student Defense Team today at (888) 535-3686 or contact us online, and let the Lento Law Firm help defend your student during these important investigations.
The Growing Rise of Hazing Among High School and College Students
A bird's eye view of trends across the decades shows a disturbing trend: hazing rituals are on the rise. In fact, not only are the numbers trending up, but—perhaps even more sobering—they're spreading throughout high schools at a rampant pace.
According to studies, 1.5 million high school students are hazed each year, with 47% already having experienced hazing by the time they arrive for freshman orientation. These rituals almost always involve alcohol and underage drinking (especially at the college level) and are shrouded in a culture of secrecy and silence, making them difficult to root out.
These activities are unquestionably problematic. They press students to participate in harmful, dangerous activities that can easily spiral out of control. A vicious cycle that can be difficult to stop, especially since not all adults are on board.
A Culture of Silence and Blind Eyes
It's easy to look at hazing and villainize the students who initiate it. However, teenage hazers are somewhat victims themselves, beholden to the same rituals, traditions, and pressures to enact hazing and those who feel compelled to participate. And unfortunately, many are adults actually facilitating these rituals.
According to one study, 40% of hazed athletes reported that their coach or advisor knew of the activity and let it happen anyway. In 22% of those cases, the coach was directly involved. This puts high school hazers in a troubling position and at the wrong end of a wildly skewed power dynamic, where it can be difficult—if not impossible—to stand up for a different course of action, even if they'd wanted to.
This situation presents unique challenges for accused students, who may not even realize that what they did was hazing at all.
What is “Hazing” and How Does it Differ From “Bullying”?
In Washington, hazing is defined as any harmful activity that is part of a student's recruitment, initiation, pledge, admission into, or affiliation with a group or team. Most importantly, these activities must be dangerous or very likely to cause serious bodily, emotional, or physical harm.
Hazing is a serious offense. These behaviors and rituals capitalize on peer pressure, insecurities, and the need to fit in and are responsible for hundreds of deaths over the years. However, it's important to note that not all poor and troubling behavior in schools actually rises to the level of hazing.
Bullying, on the other hand, is typically defined as a repeated pattern of aggressive, intimidating behavior or harassment towards another person (often someone who is perceived as weaker or vulnerable by the threat). Here, the intent is to harm, humiliate, and control another opponent.
While hazing and bullying have similar threads of humiliation and control, hazing typically occurs in the context of initiation into a group or organization and has a different overall intent.
The Key Hallmarks of Hazing
When determining whether an action qualifies as hazing, here are some of the key hallmarks to look for:
- An Initiation Requirement—participation is presented as necessary in order to be accepted into the group or organization.
- The Risk of Harm—the activities pose a physical, emotional, or psychological harm to the individuals involved.
- Peer Pressure—individuals feel compelled to participate due to social expectations or fear of exclusion.
- Lack of Consent—participants may not fully consent to the activities, either due to explicit coercion or because of implicit pressures within the group dynamics.
- Tradition and Ritual—the activities may be rooted in traditions or rituals within the group, perpetuating its continuation over time.
If your student has been accused of hazing, a qualified attorney can help defend your student's position and protect their rights during this important disciplinary process.
Protecting the Rights of Students Accused of Hazing
No matter which side of the incident your student was on, schools are obligated to uphold your student's due process rights. This means that as an accused hazer, your student is entitled to the following protections:
- The right to know the allegations against them.
- The right to present their side of the story.
- The right to a fair and impartial investigation.
- The right to seek legal counsel or representation during the investigation.
- The right to a presumption of innocence until proven guilty.
- The right to have their personal information kept confidential.
- Protection from retaliation or harassment related to their involvement.
- The right to appeal the school's decision.
- The right to support, including counseling and guidance, through the emotional and psychological effects of being accused.
School authorities are obligated to uphold these rights during their investigations. This ensures that the outcome is fair for everyone and helps prevent further injury. It also creates a more cohesive, inclusive learning environment after the matter is resolved.
What Does a Hazing Investigation Look Like in Washington Schools?
Washington state schools are required to handle hazing incidents promptly and effectively. Since each school has its own policies, the process might look different, depending on your school and district. That being said, most hazing investigations follow these general steps:
Step One: Filing a Report
Any student, parent, staff member, or other individual who witnessed or knew about the hazing can report it. Schools encourage prompt reporting to ensure timely intervention.
Step Two: Initiating an Investigation
Once the school receives a report, they will conduct a thorough investigation. This may involve gathering statements from witnesses, collecting evidence (such as videos, photos, or social media posts), and conducting interviews.
Step Three: Assessing the Severity
During their investigation, the school will assess the severity of the incident, including the types of activities and whether any harm was caused. They will check for school policy and legal violations.
Step Four: Disciplinary Action
If hazing did occur, the school would then assign disciplinary action to those involved. This could range from warnings and education interventions to more severe consequences such as suspension and expulsion. Depending on the circumstances, a student hazer could also face criminal charges.
Step Five: Notification
Schools are required to notify a student's parent or guardian whenever their student is involved in hazing. This notification typically includes information about the incident, supporting evidence, and any disciplinary action the school is taking, along with information about supporting services (such as counseling or therapy). As an accused, your student has the right to be informed of any development that might affect them during this investigation.
Step Six: Legal Obligations
Washington schools have a legal obligation to report hazing incidents that violate state law. They are also required to comply with these laws, even if the school's individual policy doesn't prohibit the activity. If the event involved criminal activity, then your school will also likely collaborate with local law enforcement. Because of this, it's crucial to have an attorney you can trust to guide you through this investigation.
A Qualified Attorney Can Help Defend Your Student
A qualified attorney can ensure your student's rights are being protected during the school's investigation. They can also present you with the best options, guide you around common pitfalls, and offer a valid defense for your student's behavior.
A valid defense could potentially lessen the accusations against your child and help soften any disciplinary action the school might choose to take. Depending on the circumstances, some of these defenses might include:
Lack of Intent
Just because a student was involved in hazing doesn't necessarily mean they knew what they were doing was wrong or intended to cause harm. If your student didn't intend to distress or injury, then they lacked the intent to actually commit hazing.
Consent
If the individuals involved willingly participated in the activities without coercion or pressure, then it would be hard to argue that it was your student's fault that they participated.
Power Dynamic
Minor students are on the wrong side of a skewed power dynamic. Hence, if a coach or other adult was involved in the activity, then your student might not have felt like they could say no without having their own negative consequences.
Lack of Knowledge
If your student didn't know the activity was hazing, then this could also be used to argue in their favor. A lack of understanding could be particularly effective if a coach was involved; many students would assume an adult's involvement sanctioned the activity.
No Harm or Injury
An activity that does not cause harm may not be considered hazing. However, this argument might not work if the activity itself was inherently risky or dangerous, so it would depend on the circumstances.
School Policy Compliance
If the event was supervised by a teacher or coach, approved by the school, and occurred within school guidelines, it would be hard to argue that the incident qualified as hazing. If it did qualify, then it would be difficult to hold your individual student at fault. Instead, the school itself would likely be in trouble for allowing it to happen, even if it was a private school.
Alibi or Witness Testimony
If your student's version of events differs from the official narrative, a supporting alibi or witness testimony can be incredibly helpful to securing a favorable outcome.
One Size Doesn't Fit All
One of your attorney's primary responsibilities will be helping you defend your student's behavior. A valid defense for their involvement could potentially help soften the blow of any disciplinary action or redirect the consequences altogether, especially if a coach was involved.
The best way to secure a favorable outcome for your student is to seek guidance from an attorney who is familiar with educational processes and anti-hazing laws in Washington.
My Student Has Been Accused of Hazing… Now What?
Hazing is a serious accusation. If your high school student has been accused of hazing, it's important to take immediate action to protect their rights and interests.
- Step 1: Consult with an attorney in Washington that is familiar with juvenile and educational law.
- Step 2: Review your school's policy regarding hazing to better protect their due process rights during the disciplinary process.
- Step 3: Request detailed information about the accusation, including any written statements, evidence, or witness testimony that the school has gathered.
- Step 4: Attend all meetings with school officials. Make sure your attorney is also present and that you take good notes.
- Step 5: Keep detailed records of all communications, meetings, and documents relating to the accusations. This might include emails, letters, texts, calls, personal notes, and school records.
- Step 6: Listen to your attorney, and let them help you develop a strong defense based on the specific accusations, available evidence, and your child's own version of events.
Hazing investigations are stressful, exhausting, and emotionally draining. They can involve complex emotions that can range from fear to regret, anger, and even sadness. Quality representation can take some of this burden off your plate and give you the best chance at a successful resolution.
Has Your High School Student Been Accused of Hazing?
No matter what side of the incident your student was on, everyone has the right to tell their side of the story. If your student is being investigated for hazing, we want to hear from you. Call the Student Defense Team today at (888) 535-3686 or contact us online, and let the Lento Law Firm help defend your rights during this evolving process.
