Louisiana high schools take hazing allegations seriously. High schoolers are notorious for not thinking through the consequences of their actions, and when it comes to hazing, they might think they haven't done anything wrong. Your high schooler might think that hazing is just how entering certain groups works and may have even been hazed themselves when joining the group. But as an adult, you know that hazing can cause extreme physical and emotional harm to others, and the consequences of hazing another student are real.
If your child is facing disciplinary action for hazing another student in their Louisiana school, you need the help of the Lento Law Firm Student Defense Team. When your child's educational opportunities and potential future career opportunities are threatened because of a hazing allegation, you need the best possible defense. Protect your child's rights and future by calling the Lento Law Firm today at 888-535-3686 or contacting us online.
What is Hazing?
Each school district will have its own definition of hazing; they will all be similar but have slightly different wording. Louisiana differs from many other states in that it has a law specific to hazing in K-12 schools. The K-12-specific hazing law defines hazing as any knowing behavior, an act, or an omission that encourages, directs, orders or participates in an activity that subjects another student to potential harm for initiation or admission into an organization.
While your child is facing disciplinary action for hazing in their school, not in criminal court, looking at Louisiana's criminal anti-hazing law for additional guidance on the definition of hazing and examples can be helpful. Some school districts, such as East Baton Rouge Parish, have adopted the definition of criminal law in their school handbooks.
Under Louisiana's anti-hazing law, hazing is any intentional, knowing, or reckless act by a person directly against another when two additional factors are present. The first is that the person needed to know or should have known that the act would endanger the physical health or safety of the other person or cause that person severe emotional distress. The second factor is the crux of what makes hazing different from other forms of bullying. The second factor is that the act must be "associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization."
Louisiana law also provides examples of common examples of hazing, which include:
- Whipping
- Beating
- Paddling
- Striking
- Branding
- Electric shocking
- Sleep deprivation
- Forced exposure to the elements
- Forced confinement to a small space
- Forced consumption of food, liquid, drugs, or other substances
- Activity that forces the individual to perform or take part in a crime
Louisiana High School Hazing Policies
Under Louisiana's K-12 anti-hazing law, each public school district is required to develop and adopt policies against hazing and establish what each school district's policy must include. All policies must include:
- A statement prohibiting hazing
- A statement prohibiting the solicitation, aiding, or abetting of hazing
- A statement establishing that the hazing victim consenting to the activity is not a defense
- The procedures to investigate reports or complaints of hazing
- A description of when hazing incidents will be reported to law enforcement
- A description of the penalties and appeals process for those charged with hazing
At the beginning of the school year, your child received a copy of their school's student handbook and anti-bullying/hazing policy. In many cases, your child's school requires them to sign a copy of the handbook and policies to acknowledge they are aware of the policies, prohibited behaviors, and potential consequences. There is a chance you, as the parent or guardian, were also required to sign this form.
Interestingly, some Louisiana schools have a clause regarding false reporting in their anti-hazing policies. This policy is particularly important to be aware of if your child has been wrongly accused of hazing a fellow student. If a student has filed a false hazing complaint with the school against your child, you can turn the tables on them. For example, in Lafayette Parish School Board, students who intentionally make false hazing reports are subject to disciplinary action by the School Board.
High School Hazing Investigation Procedure
Each school district may have slightly different protocols in place for addressing a hazing allegation, but the process generally looks as follows.
Complaint
All hazing allegations begin with someone reporting the hazing incident to school authorities. Of course, teachers and other school officials often hear of these incidents through the grapevine at school or even directly from some students. Still, school districts also have other reporting methods. For example, the Calcasieu Parish School Board and Lafayette Parish School Board offer reporting forms for students to submit complaints of hazing and bullying. Both oral reports and written reports are considered formal reports. Complaints go to the high school principal or someone they have designated to address the issue.
Complaints are to be kept confidential. While you can't prevent high schoolers from spreading rumors, if your child is accused of hazing and their teachers or other school officials are sharing this information, that is a problem that requires assistance from your Lento Law Firm attorney.
Parental Notification
If a complaint has been filed against your child for hazing, the school must notify you by the next school day. If your child is under the age of eighteen, you have the opportunity to attend all interviews the school has with your child. The school should never be interviewing your child without your permission or presence.
You should reply to the school when they notify you of the alleged hazing incident. Even if your child is innocent, or if you have the approach that maybe they should deal with the consequences of their actions on their own, you need to be involved in the investigation and disciplinary action process, particularly if your child is a minor. When your child is under eighteen, the school can require your attendance as the parent or guardian at meetings related to their behavior. If you fail to respond or refuse to attend these meetings, the school board can file a complaint against you in the juvenile court in your jurisdiction.
Investigations Protocols
When a hazing complaint has been filed against your child, the school must begin an investigation the next school day after the principal receives the report. The school must conduct a quick investigation and should not exceed ten days after the report is filed. If the school receives additional relevant information or evidence after the ten days, that information can be added to the incident file.
Investigations involve conducting interviews and collecting evidence. Generally, the alleged victim, accused student, and any witnesses to the event will be interviewed. All interviews should be documented in writing and may include interviewees making written statements during the interview. There should be no group interviews or meetings through the investigative process. Alleged victims, accused, and witnesses should never be in the same room for interviews or meetings; each should be held separately in the presence of a parent or guardian. During interviews and the investigative process, the school collects evidence. Typically, evidence will include electronic messages, photos, videos, and social media posts. All interviews and evidence are to be kept confidential.
When your child's school finishes its hazing investigation, the School Board will prepare a written report including the investigation findings, any from you, your child, or the alleged victim or their parents, and the School Board's decision. Regardless of the outcome of the investigation, this report will be filed with your child and the alleged victim's school records. Everyone involved will also be notified of any actions that will be taken due to the incident, if any.
Disciplinary Action
When the School Board establishes your child has hazed another student, they can take disciplinary action. In severe cases, the school may get law enforcement involved. Disciplinary action can be taken regardless of whether the alleged hazing incident happened on or off school property. Disciplinary action for hazing can vary dramatically based on the nature and severity of the incident. Actions the school may take include:
- Loss of a school privilege
- Reassignment of seating, classroom, or school bus
- Detention
- In-school suspension
- Out-of-school suspension
- Expulsion or assignment to an alternative to the school site
You must be notified When your child faces suspension, expulsion, or assignment to an alternative school site. Notification will be made in a few ways, such as by phone call, email, and mail to your home address. A copy of the notification will also be provided at your meeting with the principal. The notification should include information regarding scheduling a conference. When the school recommends expulsion with suspension pending a hearing, you must receive notification by certified mail. This can be happening in conjunction with the school's investigation.
Your Child's Right to Due Process
Your child always has the right to due process before facing disciplinary action. While your child's school may try to convince you that whatever they say goes and they are completely in charge, that is not the case. As discussed above, the school shouldn't be talking to your child if they are under eighteen without you there. Children, even those who have violated school policies, must be allowed to defend themselves and share their side of the story. They have the right to do this with their parent there so school officials do not take advantage of or pressure their child into admitting wrongdoing.
Your child's school handbook should outline their due process procedures and your child's rights. These rights should include:
- Being told what they are being accused of and who is accusing them
- Given the opportunity to tell their version of the facts
- The ability to present information in their defense, including witness testimony of others
- A counseling session with the principal to discuss corrective action
- Notice of the school's decision on the incident and the disciplinary action against them
- Parents being present during meetings that could result in suspension or expulsion
Can I Appeal My Child's Hazing Charge and Disciplinary Action?
There are strict and short time limits on when to appeal your child's suspension or expulsion action. Because time frames are so short, if you have not retained an attorney yet, you need to call the Lento Law Firm today. Appeal procedures will be outlined in your child's student handbook, but they can involve appealing to the district superintendent and, in some cases, to the district court in your jurisdiction.
Can My Lento Law Firm Attorney Represent My Child at School Meetings?
Having an attorney present during meetings with your child's school isn't common. It may be against school policies. If you wish to bring your Lento Law Firm attorney to meetings with your child's school, check with them to ensure this is permitted. When a potential expulsion is involved, and the hazing allegation is very serious, you are more likely to be allowed to have your Lento Law Firm attorney present.
Your Lento Law Firm attorney hardly needs to be in the room with you at all times. Our job is to prepare you and your child for all meetings. We ensure you know all your child's rights and can properly protect your child if the school attempts to violate those rights. We train you to be the best possible advocate for your child. Our Student Defense Team will also assist you with an appeal, where we can take a more hands-on approach and be involved in meetings and court filings if necessary.
Whenever your child and their future are threatened, we understand that you are terrified and even angry. Our Student Defense Team serves not just your child but you throughout this stressful process—you never have to go through this alone.
Areas We Serve in Louisiana
The Lento Law Firm Student Defense Team has represented students accused of hazing all over Louisiana. Our Student Defense Team has worked with students in some of the largest public school districts in the state, including Jefferson Parish Schools, East Baton Rouge Parish Public Schools, St. Tammy Parish Public Schools, and Caddo Parish Public Schools. The Lento Law Firm has also represented students in the private school system in schools, including University View Academy in Baton Rouge, St. Amant High School, and Chalmette High School.
Retain the Lento Law Firm Today
When your high schooler is accused of hazing by their Louisiana school, you need the Lento Law Firm Student Defense Team. When your child's future is on the line, you can't afford to have anyone but the best on your side fighting for your child. Your Lento Law Firm attorney will do everything in their power to reduce the disciplinary action taken against your child and potentially eliminate the charges. Let us protect your child's future today; call us at 888-535-3686 or complete our online form.
