Participation in sports and clubs is one of the most important and fun parts of high school. The friendships made through these activities often last a lifetime and are pivotal to a student's development. However, some students may face allegations of hazing because of participation in clubs or activities. Students accused of hazing may face suspension or expulsion by the school administration. This discipline may lead to a loss of college and other opportunities, as high school discipline records are available to colleges during the acceptance process. The long-term consequences of hazing allegations can be severe, affecting a student's academic and professional future.
When facing hazing accusations in a Maine high school, having an experienced team on your side is crucial. The Lento Law Firm has a proven track record of successfully representing high school students nationwide, including those accused of hazing. If you're in this situation, call the Lento Law Firm at 888.535.3686 or leave your details online, and we will promptly contact you to guide you through the legal process in Maine.
Hazing in American Schools
In 2000, researchers at Alfred University published the most comprehensive study available on hazing in American high schools. This study provided the following key insights into hazing in the US:
- Hazing is prevalent in US high schools, with 46% of students who join activities or clubs reporting engaging in activities the study defined as hazing.
- All high school types had issues with hazing. Public, private, and religious high school students all reported issues with hazing.
- Hazing begins early, with a quarter of those reporting hazing activities being hazed before the age of 13.
- Kids cannot distinguish between “fun” and hazing without adult assistance. Only 14 percent of students said they had been hazed, while almost half reported activities that met the definition of hazing.
- Both female and male students are at risk for participation in hazing rituals, but male students are more likely to engage in dangerous or illegal rituals.
- Kids may be pressured to participate in hazing rituals that are dangerous or illegal. Twenty-nine percent of students said they had done something potentially illegal to join a group.
- Even “safe” groups participated in hazing, with all types of groups reporting hazing and even 24% of church groups engaging in hazing during initiation rituals.
Parents may be concerned that if students cannot tell the difference between harmless rituals and hazing, adult supervision of initiation rituals or other club activities is vital. Unfortunately, the adults supervising high school activities often fail to provide the kind of guidance that would assist students in avoiding hazing allegations.
School Responses to Hazing
After allegations of hazing come to light, school authorities often engage in serious overreach by charging or suspending entire groups of students or organizations before conducting a thorough investigation. The school superintendent or board may propose discipline disproportionate to the actual offense and may refuse to address a pattern of tolerance or encouragement of hazing by adult staff or coaches. If a school, club, or organization has a culture of hazing, it is very difficult for any individual member of the group to stop or refuse to engage in hazing. The victims in one year become bystanders or perpetrators in the following years, with adults failing to take action and sending a strong message that hazing is okay.
In order to adequately defend against charges of hazing, a student must be able to present evidence of the school's culture and tolerance of hazing. Under Maine policy and law, a school board contemplating discipline must look to the “systemic and structural issues” underlying the behavior. These systemic and structural issues may include a tolerance of hazing by teachers and coaches over years or decades. A student defending hazing allegations will, in effect, be asking the school to take responsibility for tolerating or encouraging the behavior. This adds a layer of complexity to the defense of charges of hazing that requires an experienced and assertive (but tactful) attorney.
Maine Anti-Hazing Law
Maine law prohibits hazing at public schools and requires school boards to take action to prevent and address hazing behavior. The law defines “injurious hazing” as intentional or reckless behavior that endangers a student's physical or mental health. The behavior must take place as a condition of joining or staying in a group or activity and must:
- Humiliate a student.
- Degrade a student.
- Endanger the student.
For purposes of this definition, it does not matter if the student is willing to participate in the behavior—if it tends to humiliate, degrade, or endanger a student, it is hazing. A Maine school board must have a hazing policy and take action against a violator of the hazing policy.
Hazing may also be covered by Maine law regarding bullying, as hazing allegations also sometimes meet the definition of bullying.
High School Violations of Hazing Policy in Maine
Maine law differentiates between suspensions of less than ten days and those in excess of 10 days. Suspensions of more than ten days are termed expulsions under Maine law.
Suspensions Under Maine Law
In Maine, a suspension occurs whenever the school prohibits a student from attending regular classes. So, if a student cannot attend a class or participate in an activity like a sports team, they have been “suspended” under Maine law.
In Maine, a student may be suspended only for particular reasons, including:
- Deliberate disobedience
- Being deliberately disorderly
- Serious drug, alcohol, or weapons violations
- Violating the school's code of conduct
Since Maine schools are required to have a policy on hazing, any student accused of hazing would likely meet the definition of a code of conduct violation under Maine law. Before any suspension, a Maine student has a right to know what they are being accused of, see the evidence of a violation, and be heard. However, the process for a suspension of less than ten days in Maine is more informal and can happen very quickly. Any student suspended for more than ten days within a school year should call an experienced education attorney as quickly as possible.
Expulsions Under Maine Law
Under Maine law, a suspension of more than ten days is an expulsion. If a school prohibits a student from attending school, a school function, or other activities for more than ten days, this is an expulsion. Expulsion in Maine is statewide—if a student is suspended from one school in Maine, they are suspended from all Maine public schools. Understandably, an expulsion requires more due process and the involvement of the school board.
In Maine, a student may only be expelled where necessary to the “peace and usefulness” of the school, including for:
- Violent behavior.
- A serious gun, drug, or alcohol violation.
- Threatening to hurt someone with a weapon.
- Disobedience or disorderliness.
- Violating a school code of conduct.
Any student expelled in Maine has no right to educational services unless they receive special education services. A Maine parent of a student entitled to special education services who faces suspension or expulsion should contact the Lento Law Firm immediately.
If a student faces an expulsion, they have a right to know what they are being accused of, the right to see the evidence against them, and an opportunity to defend themselves against the charges.
Student Rights in Maine
A student facing expulsion (a suspension of more than ten days) has a right to due process under Maine law at MRSA §1001, sub-§8-A. This means that the student and their parent or guardian have a write to:
- Written notice of the charges or allegations, including a specific description of the behavior at issue.
- Notice of the time and date of a due process hearing.
- A summary of the hearing procedure.
- A full explanation of the proposed discipline, including the expulsion's length and specifics.
- Notice of the right to have an attorney present.
What is a Due Process Hearing?
Due process hearings typically occur before a school board in “executive session,” which means the proceeding is closed to the public. The school board acts like a judge and jury in the case, deciding what evidence a student may present and later deciding whether to expel or suspend a student.
At a due process hearing, a student has a right to:
- See the evidence in advance and prepare.
- Cross-examine witnesses for the school.
- Present witness testimony and documents or other evidence.
- Have an attorney present.
The school board will decide whether to expel or suspend the student following a presentation of evidence. A student may appeal the school board's decision to court.
Public vs. Private Schools
The procedures and protections a school must provide a student before seeking discipline will vary depending on whether it is a public or private high school. Public school students have more expansive constitutional rights than private students in disciplinary hearings. Private school students may have fewer rights but still have rights under Maine law. The Lento Law Firm has represented students against some of this country's most prestigious high schools and is not afraid to take on cases against private schools if a school treats your student unfairly.
Hazing and Sports Teams in Maine
Hazing accusations often arise following initiation rituals for sports teams in Maine, and hazing allegations are common for athletes nationwide. The most serious allegations tend to center around male-dominated clubs, most notably male sports teams. It is important to note, however, that all types of organizations, including those limited to female members, also engage in hazing.
High school athletes may engage in a ritual that crosses the line into hazing without any intent to harm or haze another student. Team members without involvement may also be charged with conduct violations even if they did not participate.
The Lento Law Firm understands the unique challenges that student-athletes face. Allegations of hazing may end the athletic career of student-athletes. If hazing accusations prevent a student from participating in a sport for even a limited period, the possibility of playing that sport in college may evaporate quickly. The potential impact of any misconduct allegation on a student-athlete should never be underestimated. Don't give up on your dreams—call the Lento Law Firm. We can advise you on protecting your athletic eligibility if you are accused of misconduct, including hazing.
What if the School Discriminates Against a Student
In Maine, the school may not discriminate against a student because of that student's race, sex, religion, gender identity, sexual orientation, national origin, or disability. Students who are discriminated against in discipline may file a complaint with the Maine Human Rights Commission. Further, students also have the right to privacy for confidential and private information covered under the Family Educational Rights and Privacy Act (FERPA). If the nature of hazing allegations is particularly sensitive, contact the Lento Law Firm quickly to protect your student's privacy and essential rights.
Consequences of Hazing Discipline
No parent should underestimate the effect that discipline for hazing may have on their student's future. If a student applies to a college or university, the admissions office will usually be able to see the student's record of discipline. Allegations involving violence or serious hazing violations may be particularly detrimental to a student's chances of being accepted into the college of their choice. The competition for college acceptance is already so fierce that any “mark” against the student could have an effect. After hazing allegations, student-athletes may lose college offers and scholarships.
Because of this reality, even a short suspension can have a detrimental effect on a student. Students may fall behind if they cannot attend even a few classes or activities. Students in competitive or difficult classes, such as AP courses, may be particularly vulnerable to the negative effects of high school discipline. A smart parent will take action to fight school discipline before it impacts their student's future.
Maine Hazing Defense Representation
The Lento Law Firm is a nationwide student discipline defense firm helping students accused of hazing and other misconduct. Whether you live in Portland, Lewiston, Bangor, or elsewhere in Maine, the Lento Law Firm can help protect your student's reputation and future. The Lento Law Firm has represented hundreds of students accused of misconduct and other issues. If your student is facing discipline for hazing or any other code of conduct violation, we can help. Call the Lento Law Firm at 888.535.3686 or leave your details online, and we will promptly contact you.
