In June 2021, students in Hunstville, Arkansas, began coming forward with Title IX complaints, which stated that basketball players were allegedly putting their genitals into their teammates' mouths, calling it “baptizing.” The students thought they were simply “hazing” their fellow teammates.

What is Hazing?

Hazing occurs when members of a group intentionally embarrass or harm a new member to initiate their membership into the group. Wanting to belong to a group is a very powerful headspace that can take over, removing rational thinking and replacing it with the idea that you must follow along to be included or liked within the group. Hazing rituals can range from something as simple as forcing team members to chant silly songs to physical or sexual abuse. In fact, a 2017 investigation by the Associated Press discovered 70 cases of teammate-on-teammate sexual assaults in public schools across the country between 2012-2017.

Unfortunately, hazing rituals stem from a poisonous group culture where traditions are passed down from older members to newer members year after year. All it takes is one older member with a sadistic side to push the boundary for hazing to turn sinister. Further, coaches and administrators tend to turn a blind eye to the hazing, chalking it up to “kids will be kids.”

Title IX and Public Schools

But what happens when those rituals involve sexual discrimination, sexual violence, or sexual harassment? These incidents are supposed to be governed by the Title IX federal regulation that specifically mandates that all federally funded schools must follow its guidelines when faced with such allegations in their district. These guidelines include mandating that schools must have:

• Clear and immediate procedures for sexual misconduct allegations;
• Designated personnel to handle instances of sexual violence;
• A “more likely than not” or “preponderance of the evidence” standard for evidence presented during a Title IX hearing;
• A policy that allows both parties involved to access the same procedures, whether that be allowing them to have advisors, make appeals, or how they present their evidence and witnesses; and
• A policy that protects the complainant and victim from retaliation for reporting.

In the case of the Huntsville middle and high schools, the administrators did pursue Title IX hearings, but the perpetrators were only adjudicated as having committed sexual harassment and sentenced to a single semester of suspension – instead of a full expulsion.

So how do you, as a parent, prevent your child from falling through the cracks? Working with an attorney can ensure that if your child is accused of sexual misconduct by another student, or if your child was the victim of sexual discrimination, that the school upholds their due process rights. Attorney Joseph D. Lento and the Lento Law Firm have years of experience working with children and young adults who have been accused of committing acts of sexual discrimination or who have become the victim of such acts. Call 888-535-3686 today to schedule a consultation or schedule one online. You do not have to traverse these murky waters alone. Attorney Lento and the Lento Law Firm are here to help.