High school is a time when students build strong peer groups and lifelong friendships. The depth of those friendships is largely due to the unique experiences shared by the peer group, but there is a potential downside. When these shared experiences become rites of passage or rituals among groups, clubs, or teams, it can lead to accusations of hazing. This is a serious charge that could lead to severe discipline, including suspension or expulsion.
Are you a South Carolina high school student or parent of a student who is facing hazing accusations? Hazing has become a highly publicized issue, and school districts and administrators who may have previously taken a hands-off approach are increasingly adopting zero-tolerance policies. Don't let a one-size-fits-all-disciplinary process destroy your academic career. Getting legal representation can help. Call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online today.
What is Hazing?
Hazing is a general term that refers to activities that are devised by existing members of a peer group or team to humiliate, harm, or induce stress and psychological discomfort among people who want to be part of the peer group or team. It is an intentionally unpleasant process that aspiring members submit to because it is made implicitly or explicitly clear that they cannot become part of the group or team without being hazed.
Although some degree of hazing has become a rite of passage for many school groups or teams, the person or people being hazed may not view it as harmless. In some cases, hazing can cross a line from a rite of passage and become dangerous or do long-term harm. This kind of dangerous hazing takes many forms, but some of the most common examples are listed below:
- Abuse or physical harm- Any activity where the victim suffers physical harm or pain typically constitutes hazing. This includes things like paddling, branding, hitting, or subjecting students to other forms of corporal punishment.
- Inflicting embarrassment- Activities where victims are made to humiliate themselves in front of other team members or the student body writ large could be considered as hazing.
- Forced sexualized behavior- Activities that require victims to simulate sexual acts (or perform a sexual act) would likely be construed as hazing. This also includes other behaviors, such as stripping victims of their clothes or taking and sharing explicit photos or videos of victims in sexually compromising positions.
- Mock servitude- Forcing victims to be subservient to established members of the group or team. This could include forced labor like making new members carry excessively heavy loads or washing the equipment of senior team members.
- Intentionally inflicting psychological distress and mental harm- Continued mistreatment of the victim through threats, insults, and mental or physical intimidation.
- Potentially dangerous or life-threatening activities- Forcing victims to participate in activities that could potentially expose them to physical harm. Examples of this include contests like ‘Who can eat the hottest pepper,' or ‘Who can drink the most (of any liquid) in the shortest time?'
One of the difficulties of hazing allegations is that aside from very extreme circumstances where victims suffer severe harm, it is up to school administrators or high-level school district employees to decide whether it has occurred. That means many decisions are subject to interpretation by individual school administrators. In other situations, administrators may be required to adhere to a set of definitions established by their school districts.
Unfortunately, the rights of the accused can be compromised in either case. The high school disciplinary process in hazing cases does not operate by the same standards or procedures as in a criminal trial. The people who decide your fate will not be a jury of your peers. It is much more likely to be a school administrator (principal) or committee made up of school administrators and school district officials.
There is a Different Standard of Guilt in High School Hazing Cases
Administrators in hazing cases are not charged with deciding your case beyond a reasonable doubt. Their overriding concern is for the welfare of the entire student body, and it's easy for your due process rights to get lost in that. The school district could have less proof than it would take to convict you in a court of law but enough to conclude that you're a potential threat to the student body.
From your point of view, the entire event may have been a bit of harmless fun. Or perhaps you were at an event where hazing took place but not a ringleader or initiator of the activities. Regardless of the circumstances, the administration or school district may be under significant pressure to make an example out of you. They may not even give you the presumption of innocence.
The potential for that kind of decision-making, when your academic future hangs in the balance, is exactly why it's important to have our student defense team on your side. The school district will essentially be looking to cover itself and protect its best interests. Our team will be looking to protect your interest and defend your academic reputation.
South Carolina Hazing Laws Are Vague
South Carolina state law specifically outlaws hazing. However, the National Association of State Boards of Education points out that South Carolina's hazing law treats it as a violation of student code of conduct standards. At the same time, South Carolina law does not mandate that school districts implement anti-hazing policies.
That means some South Carolina school districts have an articulated anti-hazing policy and some don't. It also gives school administrators (principals) significant authority in both determining guilt and deciding punishment. That process is potentially problematic because it's extremely subjective.
Whether you are disciplined can depend on what school you go to. You could be found guilty of an infraction that one principal might suspend you for, whereas another principal might only give you detention. A different principal might not believe the accusations against you amount to hazing at all.
Why Experienced Student Defense is So Important
The fact that high school disciplinary processes for hazing can vary so much throughout South Carolina is one of the most compelling reasons to have our student defense team on your side. The Lento Law Firm team has successfully defended students from hazing cases and related disciplinary matters in school districts all over the country.
We handle cases with a meticulous approach and a fierce dedication to helping achieve the best outcome for you. We will hold the school district accountable to its due process standards for disciplinary cases and ensure your rights are respected. Our team will also re-examine the evidence against you and look for alternative witnesses or other evidence in your favor.
We can also explore alternatives to expulsions by working directly with administrators or school district representatives. For example, some districts may have an alternative school where you could keep up your studies and hit certain behavioral targets and then be allowed to return to your original school. The bottom line is that we will use every resource available to us to achieve the optimal outcome in your case.
A Suspension or Expulsion is Not the End of the Road
High school administrators or school district representatives might make the initial decision in your case, but that doesn't necessarily mean they have the final word. Many South Carolina school districts have appeals processes for disciplinary matters. The procedure for these appeals processes depends on individual school districts, but we will work through that process if necessary.
No matter what that process is, whether it's appealing directly to the school district or the county court, our team will continue fighting for you until every option has been exhausted. This is another advantage of having our student defense team on your side. We've also handled successful appeals for students in disciplinary matters all over the country. When you bring the Lento Law Firm on board, you're getting the full benefit of our team!
How Much Hazing Goes on in High Schools?
Although most people think of hazing as something that goes on mainly in college fraternities or sororities, it does occur at the high school level. Participation in school clubs or extra-curricular activities is supposed to be open to all students. However, the existence of hazing can deter students from joining, which creates a situation where all students are not being treated equally. This automatically poses a problem for school districts.
Why South Carolina School Districts are Getting Harsh on Hazing
Every high school teacher, administrator, and school district in South Carolina has a legal duty to protect the welfare of their students on school grounds or at school-sponsored activities. Hazing has the potential to do severe physical and emotional harm to hazing victims when it goes too far. That means the high school and school district could be liable when students are hurt in hazing rituals surrounding high school activities.
That explains why many South Carolina high schools and school districts have taken hard lines against hazing. This is most often done by creating a code of conduct that bans hazing. These codes also require full compliance from students while on campus or at school-sponsored activities. Students who are found to have violated that code of conduct face a range of harsh punishments, including:
- Suspension
- Expulsion
- Revocation of the student's eligibility for extra-curricular school activities
- Placement of the student on disciplinary probation
Long-Term Consequences of Being Disciplined for Hazing
South Carolina high school students who have been disciplined for hazing face a variety of potentially negative consequences. The most severe of these consequences is expulsion, which is a tremendous disruption to any high school student's career. However, even a suspension can complicate your future. Some high schools have policies that prevent students who have faced discipline from participating in extra-curricular activities.
So, for example, you could be suspended for just a few days but still banned from returning to your team, club, or group. That may complicate your efforts to get a scholarship or enhance your college application via participation in extra-curricular activities. Additionally, being expelled or suspended from high school for hazing allegations will become part of your academic record.
That record may give administrators at other schools pause about whether to accept you as a student, especially if the hazing involved violent activity, was of a sexualized nature, or did significant harm to the victim(s). The ultimate consequence could be that you are unable to re-enroll at a high school of equal quality to the one that expelled you. This could negatively affect your access to quality education or employment opportunities after graduation.
Colleges, universities, prospective employers, and even service academies will closely examine every aspect of your high school career. That includes your grades and disciplinary history. Getting jobs or securing admission to service academies and top universities is highly competitive, and hazing is an issue in many of these environments. Having a previous history of being disciplined for hazing would likely diminish your chances of being hired or admitted.
Don't Take Chances with Your Future
Regardless of whether the incident that led to you (or your child) being accused of hazing was supposed to be harmless fun or part of an old tradition at the school, you must take the accusations seriously and prepare to defend your rights. The consequences of a suspension or an expulsion could be felt for years after the event. That's a lot of power for a high school principal or school district employee to have over your future.
Our Student Defense Team can help ensure the disciplinary process is transparent and that your rights are protected. We will also work vigorously to uncover and present evidence that helps your cause. You don't have to let the subjective judgment of a high school principal or an administrator ruin your (or your child's) reputation. Call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online today!
