For many students, participation in extracurricular activities and clubs is the best part of high school. This is particularly so in Mississippi. The friendships and contacts made in these activities last a lifetime. However, students are sometimes accused of hazing after participating in group rituals. The long-term consequences of hazing allegations can be severe and can have a disastrous effect on a student's life and future. Students accused of hazing may be suspended or even expelled. This can lead to losing college and other opportunities as most college admissions offices have access to discipline records.
If you face hazing accusations in a Mississippi high school, having a good legal team on your side is vital. The Lento Law Firm has represented hundreds of high school students nationwide, including those accused of hazing. If your family faces these accusations, call the Lento Law Firm at 888.535.3686 or leave your details online, and we will promptly contact you.
Hazing in US Schools
While parents and guardians would like to think that hazing is rare in US schools, this is not the case. In a 2008 study of high school hazing, researchers found that:
- Both public and private school students reported having hazing issues.
- Hazing is common in US schools, with 47% of students reporting hazing.
- High school students cannot distinguish between “fun” and hazing without adult assistance.
- Male students are more likely to be accused of hazing, but all students are at risk.
- Hazing is common in all types of groups and organizations.
This research makes it clear that kids, particularly younger kids, cannot distinguish between hazing and acceptable teasing and fun. Without close supervision, club or sports rituals can quickly turn dangerous. Despite this, many adults who supervise school clubs and sports fail to adequately supervise or provide the guidance necessary to prevent hazing scandals.
School Responses to Hazing
School authorities should take responsibility after accusations of hazing come to light because they nearly always involve a failure of adults to supervise. However, the reality is that schools often react to allegations of hazing by charging or suspending a whole group or team. The superintendent or principal may seek discipline that is grossly disproportionate to the offense and will include group members not involved in the hazing. The school may fail to appreciate that if a club or organization has a history of tolerating or encouraging hazing, it is difficult for individual group members to stop it. The victims of hazing within one school year may become the perpetrators of hazing the next. In this system, the adults have failed to take action and send a strong and effective message that hazing is wrong.
Because culture and organizational history are important in Mississippi, students must be allowed to present evidence of group acceptance and encouragement of hazing. If your student's team or club has a long history of adults accepting hazing, this history must be presented as a defense.
Mississippi Anti-Hazing Law
In Mississippi, hazing is a relatively low-level misdemeanor offense.
To constitute hazing under the statute, the behavior must be:
- Done in the context of a group or organization.
- Part of an initiation ritual or to gain affiliation with the group.
- Done Intentionally or recklessly.
- Create a substantial risk of physical injury.
Mississippi law defines hazing that results in actual injury as hazing in the first degree. Hazing that does result in injury is defined as hazing in the second degree and is only punishable by a fine of $1,000 or less. A student facing accusations of hazing in a Mississippi school often has more to fear from a school suspension than from a charge of hazing.
Mississippi Law Prohibiting HS Fraternities or Secret Societies
Mississippi law prohibits public high school fraternities, sororities, and secret societies, defined as follows:
A public high school fraternity, sorority, or secret society, as contemplated by Sections 37-11-37 through 37-11-45, is hereby defined to be any organization composed, wholly or in part, of public high school pupils, which seeks to perpetuate itself by taking in additional members from the pupils enrolled in such high school on the basis of the decision of the membership of such fraternity, sorority or secret society, rather than upon the free choice of any pupil in the school.
This law requires public high schools to suspend or expel public high school students who:
- Join a fraternity, sorority, or secret society.
- Pledge to join the fraternity, sorority, or secret society.
- Solicit or encourage others to join a fraternity, sorority, or secret society.
Hazing accusations may also involve accusations of an illegal organization or secret society under Mississippi law.
Reports on School Discipline In Mississippi
The Mississippi Department of Education published two comprehensive reports on school suspensions in Mississippi, and both show the devastating effect school suspensions can have. The first report, in 2017, Education Suspended: An Overview of Student Suspensions in Mississippi's Public Schools, reported that Mississippi schools had a much higher rate of suspension than the national average. In 2018, the second report, Education Suspended: The Cost of School Suspension on Student Drop Out, found that suspensions often lead to high school dropout and other negative consequences. Both reports urged less use of out-of-school suspensions in Mississippi.
School Suspensions Under Mississippi Law
Under § 37-9-71 of the Mississippi Code, a superintendent or principal can suspend a student for cause, for misconduct at a school-related function or activity or on school property. If a suspension is for more than ten days, the school must provide a due process hearing where the student (or his counsel) can present evidence and cross-examine witnesses presented by the school. The student's parent or guardian may appeal the hearing results to the school board.
It's important to note that Mississippi law provides that the standard of proof in any of these proceedings is “substantial evidence.” This is a much lower standard than a preponderance of the evidence or reasonable doubt standard. It means that the school district must have some meaningful evidence. This standard can make it difficult to prevail without legal counsel.
Mandatory Expulsion for Violent Acts
Section § 37-11-18 of the Mississippi Code provides for automatic mandatory expulsion in certain instances, and it may be used where hazing allegations involve violent acts. A student who commits “a violent act” on school property is subject to an automatic expulsion for a calendar year. The superintendent has authorization to modify this period (so it is not so automatic), and it can be appealed to the school board. Nonetheless, it is important to know that hazing allegations involving acts of violence may result in extended expulsion.
Student Rights in Mississippi
A student facing a suspension of more than ten days in Mississippi has a right to due process. This means that the student and their parent or guardian have a write to:
- Be represented by legal counsel.
- See the charges or allegedly made against them.
- A due process hearing.
- Present evidence and cross-examine witnesses presented by the district.
- Appeal a suspension of more than ten (10) days and expulsions to the school board.
What is a Due Process Hearing?
A student has a right to a due process hearing for a suspension of more than ten days. Mississippi schools are required to adopt disciplinary procedures in the Student Code of Conduct. If the Code of Conduct does not include a procedure provision, your attorney can establish the rules and procedures in discussion with the school or school board in advance.
These procedures normally provide for a hearing before a school or school board official. Depending on the nature of the charges, the hearing may be formal or informal. Mississippi law provides for an appeal to the school board, which will also allow for a hearing.
Public vs. Private Schools
Many Mississippi parents will ask about the applicability of due process to private schools. The protections a school must provide will vary depending on whether it is a public or private high school. While it is true that public students have broader constitutional rights, private school students still have rights under Mississippi 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 Mississippi
In Mississippi, hazing accusations at the high school level can arise after initiation into a sports team, and hazing allegations are common for athletes nationwide. Charges of hazing can be career-ending for a high school athlete looking to continue in college athletics.
The Lento Law Firm understands the unique challenges that student-athletes face. If hazing accusations result in any suspension (even for a game or two), the possibility of playing at the college level declines rapidly. A suspension for a season can end a sporting career entirely. The impact of hazing accusations on a student-athlete should never be minimized. If you have been accused of hazing or other misconduct, don't give up, even if the allegations are serious. Call the Lento Law Firm. We can advise you on protecting your eligibility and advancing your athletic career.
What if the School Discriminates Against a Student
Students who experience discrimination in Mississippi schools can file a complaint with the US Department of Education (DOE). Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, ethnicity, and religion. Title IX prohibits discrimination based on sex. Title II of the Americans with Disabilities Act and Section 504 of the Federal Rehabilitation Act prohibit discrimination based on disability.
It is also important to note that your student may have privacy rights under the Family Educational Rights and Privacy Act (FERPA). If the nature of hazing allegations is particularly sensitive, protecting your student's privacy and reputation may be important. Contact the Lento Law Firm for guidance through the process of complaining and protecting your student's rights under these laws.
Consequences of Hazing Discipline
When a student faces discipline before the school or school board, some parents resign themselves to a short suspension as “no big deal” or “a couple days off.” The reality of the effects of a school suspension, however, can be negative and can follow a student for decades.
In the college application process, the admissions office will usually have access to a student's record of discipline. If the discipline noted involved either cheating or violence, they could cause the college to rule out the student in today's ultra-competitive environment. Students may lose scholarship offers or the opportunity to play sports or other activities at the college level.
It is also true that even a short suspension can affect a student academically, particularly if they are in challenging courses, such as AP. A ten-day suspension from this type of class can result in the student falling behind with no hope of catching up, no matter how hard they work. Studies in this area have consistently shown that this can start a “domino effect” of the student failing and withdrawing, leading to dropout. The Mississippi DOE studies cited at the beginning of this page saw this effect clearly in Mississippi schools. A savvy parent will fight school discipline to protect their student's future.
Mississippi Hazing Defense Representation
The Lento Law Firm is a nationwide student discipline defense firm helping students accused of misconduct, including hazing. Whether you live in Jackson, Hattiesburg, Gulfport, Biloxi, or elsewhere in Mississippi, 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 we can help if your student is facing discipline for hazing or any other code of conduct violation. Call the Lento Law Firm at 888.535.3686 or leave your details online, and we will promptly contact you.
