When students start high school or college, they will have the opportunity to join new and exciting extracurricular activities and student organizations. In some cases, these groups will have strict standards that students have to meet to gain entry. For instance, to play on the football team, a student will have to excel at a particular position in football to gain entry. To join a Jewish fraternity, the student will have to be Jewish, a student at the college, and identify as male.
However, some organizations and groups take their recruitment process too far and end up hazing potential new members. While many of these organizations accused of hazing or their schools will argue that the hazing incident was just a bit of light fun, often these incidents will pose dangers to the student being hazed, other students, the organization, and the school at large.
If you believe your student has been hazed, their assailant deserves to be punished by the school. Unfortunately, even when hazing incidents are reported, many schools fail to give the victims justice for what they've endured. When this happens, the school must be held accountable.
The Education Law Team at the Lento Law Firm has spent years helping students hold their schools accountable. They understand how overwhelming the idea of suing your school can be and will work tirelessly to ensure you are fully prepared for the challenge. Call 888-535-3686 today or schedule a consultation online.
What is Hazing?
The exact definition of hazing varies from state to state and school to school. For instance, the Massachusetts legislation defines hazing as any action or other way of joining a student organization that willfully or recklessly endangers a student or another person's physical or mental health. Most high schools and colleges in Massachusetts have adopted the same language in their anti-hazing policies.
Alternatively, in Missouri, the law prohibiting hazing is much longer and includes intent. An individual is responsible for hazing if they knowingly partake in or trigger a particular act that is directed against a student or potential member of a school organization, that recklessly puts their physical or mental health and safety at risk, just to initiate or admit them into, or continue their membership in, the school organization, to the degree that they knowingly put that person in a position that would probably cause them injury or psychological harm or risked death.
Only colleges and universities in Missouri are required to create policies that adopt this language. High schools have the discretion to create their own anti-hazing policies if they so desire. But it isn't mandatory.
As the exact definition of hazing is dependent on your state and your child's school's policies, it is important to become familiar with them. If you are unsure of who to ask for a copy of the policies or are overwhelmed by the idea of figuring this out on your own, our Education Law Team can help.
What to do if You Have Experienced Hazing
If your child has been hazed, whether at their high school or in college, the first thing you need to do is contact an attorney because they will explain the exact way to submit a claim of hazing to your particular school.
The Lento Law Firm Education Law Team is well-versed in hazing issues. They will reach out to the school on your child's behalf to schedule an interview about the incident. Additionally, they will prepare your child for the initial interview to make sure they are able to say their entire piece. And they will work tirelessly to protect your child from any backlash they might receive from the accused student or student organization.
In some instances, the school will fail to move past the initial interview with the victim and allow the other student or organization to remain unscathed. To ensure your child receives the justice they deserve, you must contact a skilled education law attorney immediately.
How Schools Handle Hazing Accusations
As we explained above, all schools will have different procedures for how they handle hazing accusations. However, they all typically have anti-hazing policies and procedures in place. For instance, Louisiana State University (LSU) has a strict anti-hazing policy and reporting system. If a student is accused of hazing at LSU, not only is the school supposed to discipline them, but they may also forward the charges to local law enforcement for criminal charges. Their disciplinary process requires an initial review of the accusation, as well as emergency interim measures if the school believes the accused student or their organization presents an immediate risk of harm to the victim or the rest of the university.
After this initial review, Student Advocacy & Accountability (SAA) will determine if there is enough of a basis to initiate the university's Accountability Process. LSU's Accountability Process starts with an Educational Conference, where the Case Manager and the accused student meet to discuss the allegations and give the accused student a chance to tell their side of the story. If the accused student does not accept responsibility for hazing the victim or fails to show up for the meeting, and the Case Manager believes there is sufficient information, they will move forward with a formal disciplinary action.
When cases at LSU advance to a formal disciplinary hearing, both the victim, the Case Manager, and the accused student will have an opportunity to present their arguments to the University Hearing Panel. Once they have heard all sides, they will determine whether there is enough evidence presented to prove that the accused student hazed the victim. They will also determine what kind of punishment to give the accused student.
Similarly, Munster High School in Munster, Indiana, has created a strict anti-hazing policy. Under this policy, if a student is accused of acting against a student or coercing them into committing an act that creates a substantial risk of harm to them or someone else so that they can get into or stay a member of a student organization, or for any other purpose, they can be disciplined by the school.
Once a report of hazing is made, the school must investigate it. If they believe there is any credence to the allegations, they will initiate a formal complaint procedure and require the accused student to attend a hearing. During this hearing, both sides will be allowed to present evidence and witness testimony that bolsters their arguments. When they've been heard fully, the disciplinary committee will determine if the student is responsible for hazing the victim.
Both of the above schools had very express anti-hazing policies, but what happens when the school does not? For instance, Washington High School in Tacoma, Washington, does not have an express anti-hazing policy. However, the Washington legislation prohibits hazing at any public or private high school or college. As such, if a student is accused of hazing another student at Washington High School, they can be penalized by the school's disciplinary process, which includes an informal investigation, a formal disciplinary hearing, and serious punishments like suspension and expulsion.
Alternative Paths When the School Lets You Down
Despite having quite verbose anti-hazing policies or explanations of legislation that the school is strictly following, many schools still fail to follow through with their own procedures. When this happens, students who are accused of hazing either aren't investigated or are given incredibly light punishments. Other times, the reports are tossed out, and the victimized student is left to suffer.
Many students who are victimized by hazing are left with serious mental health issues. Not only has their trust in their classmates been ruined, but so has their trust in the school when it fails to help them. This can lead many students to feelings of paranoia, loss of confidence, fear of retaliation, and, in some extreme cases, suicidal thoughts. How your student does after being let down by their school will depend on their age, the school they attend, their support system, and the specifics of the hazing incident they experienced.
If you are like most parents, you expect your child's school to foster a safe and welcoming environment and to punish any student or organization that infringes on that. So, when your child is a victim of hazing while in the custody of their school, and then the school is slow to respond or lets the accused student off without even investigating the matter, it can be incredibly overwhelming.
To ensure your child does not suffer from being a victim of hazing, it is incredibly important that you work with a skilled education law attorney. The Lento Law Firm Education Law Team helps students recover after being victimized and let down by their schools. Whatever grade or year your child is in, they deserve to be protected. Furthermore, they deserve recompense if the school fails to protect them in the way they said – and outlined – that they would.
Liability Laws Compensating Hazing Victims
While most states have anti-hazing laws, which are criminal charges, they do not usually have private rights of action for parents looking to sue their child's school or school officials for the hazing harm. However, there are other laws that would allow a parent or student to sue their school for failing to protect them from hazing or failing to discipline the accused student sufficiently, if at all.
For example, in Florida, you can sue a public school for negligence. In Florida, negligence is defined as failing to act with the level of care that a reasonable person would use in a similar circumstance, and harm or injury to another person occurred from it. To prove that the school negligently handled the accusations against the hazing student, you must show that the school had a duty of care for your child, that they breached that duty by not disciplining the accused student, and that breach of duty harmed your child.
Other civil laws that might be helpful for parents or students looking to sue their school for failing to discipline the accused assailant include battery, assault, and intentional infliction of emotional distress. The particular law you will pursue will depend on the circumstances surrounding the hazing incident. Your education law attorney will review your case and help you decide what the next steps should be.
How the Lento Law Firm Education Law Team Can Help
When a student is hazed, no matter what grade or year they are in, it can have lasting effects on their physical, mental, and emotional well-being. They need to be believed and protected by their support system and their school. Coming forward to report an incident is no easy feat, and it takes a lot of courage. So, when a school fails to look into the report or punish the accused student sufficiently, it can feel like a huge blow to the victim. They may feel like they should not have come forward and then decide not to come forward later when something else unsavory occurs.
Unfortunately, it is not new for schools to fail to help their student victims when they report an incident, especially if they are larger universities that feel their reputation is on the line. While this may happen frequently, it does not make it right. Any school that fails to protect its students should be held accountable. Any student who feels they have been let down deserves recompense, especially if it has caused them damages, whether tangible or intangible.
Though the steps to litigate against your student's school will vary from state to state, they will all require diligent research and an experienced attorney's guiding hand. The Lento Law Firm Education Law Team has helped students all around the country. They are uniquely equipped to review your case and determine the ideal civil suit to pursue, guaranteeing you the best possible outcome for your case.
Call 888-535-3686 today for help, or schedule a consultation online. Don't try to navigate these proceedings alone; our Education Law Team is here to help.
