Student-Athletes — Hazing

There are numerous myths surrounding hazing: building cohesion between team members, having newer and younger players "earn" their place on the team, all activities are in “good fun,” and team members don't need to participate unless they want to. Unfortunately, the truth is more gruesome than many know. Every year, student-athletes are hurt, maimed, and even killed during hazing activities, and those participating can ruin their lives because of the severe consequences.

For the student-athletes accused of hazing, not only do allegations threaten the ability to play, but they can also cause the following:

• Termination of athletic eligibility
• Suspension or expulsion from school
• Loss of academic and athletic scholarships
• Team or club penalties and fines
• Criminal investigations

With the lack of guaranteed due process and a low burden of proof on the part of the school, it's not uncommon for false accusations to derail a student-athlete's career and future. When a college or university levies hazing allegations, the need for professional assistance couldn't be more apparent. Students may think hiring an attorney is an excessive option, but it's the only way to fully clear a student-athlete's name.

The Lento Law Firm Student Defense Team is an invaluable resource for student-athletes safeguarding their eligibility, scholarships, and diplomas. We understand how false accusations and intrusive hazing investigations can upend a student's academic, athletic, and career pathway. To learn how we can assist with hazing allegations, call us at 888-535-3686 now or visit our confidential online consultation form, and we will contact you.

Understanding Hazing in Collegiate Athletics

Hazing is a deeply entrenched issue that encompasses a wide range of harmful behaviors aimed at initiating new team members on college athletic teams. What was once a fabled practice to promote social bonds is now targeted as one of the most serious violations in campus life.

There is currently no specific federal law that addresses hazing directly. Laws prohibiting the practice are covered at the state level, with 44 states, including the District of Columbia, retaining "Regardless of Consent" anti-hazing laws, meaning no one can "consent" to being hazed. Only Alaska, Hawaii, Montana, New Mexico, South Dakota, and Wyoming do not have anti-hazing laws. Nevertheless, federal statutes like the Clery Act requires colleges and universities to report campus violations, which can include hazing incidents.

The absence of a unified federal approach means that hazing investigations, adjudication, and sanctions largely depend on state legislation and individual school policies. Still, there is another level of authority with student-athletes. Regarding college athletics, the governing body reserves its own definition. The National Collegiate Athletic Association (NCAA) defines hazing as "any act committed against someone joining or becoming a member or maintaining membership in any organization that is humiliating, intimidating or demeaning, or endangers the health and safety of the person."

Statistics reveal that 47 percent of college students experienced hazing in high school, growing to 74 percent of student-athletes enduring at least one form while in college. Despite that, nearly 90 percent of those didn't consider themselves victims. Whether involved in athletic teams, club sports, or other related organizations, hazing is multifaceted and includes active or passive participation regardless of the willingness to participate or the original intention of the activities. Some of the more common forms of hazing include the following:

• Alcohol consumption
• Acts of humiliation
• Forced isolation
• Sleep deprivation
• Physical violence
• Verbal abuse
• Sexual activity

Hazing profoundly affects the mental and physical health of student-athletes and, in extreme cases, can lead to school investigations, criminal charges, and life-altering consequences. Furthermore, the national data collected concludes the following:

• 47 percent of hazing activities are forced participation in drinking games.
• 25 percent of hazing allegations are believed to be unreported by coaches.
• 69 percent of student-athletes did not feel that hazing made them feel closer to their team, club, or group.

Understanding the scope and seriousness of hazing is crucial for developing effective prevention and response strategies within collegiate sports programs. Colleges and universities are at the forefront of that fight, and each has thorough procedures to manage allegations.

School Codes of Conduct and Hazing Policies

Hazing affects not only the students involved in the incident but also the institution itself. Allegations often make national news cycles, which brings unwanted negative attention to colleges and universities. Therefore, each school's code of conduct will have detailed policies as to what constitutes hazing, the process the schools use to manage allegations, and the potential punishments.

Considering the growing nature of incidents, many colleges and universities require incoming students or prospective members of student groups—like athletic teams and clubs—to complete hazing prevention and education modules. Just as hazing laws will vary slightly by state, so will the code of conduct policies between schools. Yet, most will prohibit the following acts:

• Purposefully or knowingly hazing any individual.
• Being involved in the planning or being present during acts of hazing.
• Suggesting or implying that a person will be rejected or unable to participate in any organization or athletic team for refusing to partake in or submit to any form of hazing.
• Failing to prevent or intervene in any hazing activity.

Generally, hazing policies apply to behavior that occurs on or off-campus and include all school-sponsored or approved events as well as non-school events, activities, and programs. Moreover, most, if not all, schools have rules requiring students, staff, or any individual involved with the school to report hazing activities.

As mentioned above, few student-athletes identify certain prohibited behaviors as hazing, but even fewer report it. The NCAA mandates that athletics department administrators work with campus colleagues who oversee hazing reporting to ensure that student-athletes are aware of the campus-wide reporting process.

Anyone can report hazing allegations to college authorities. It doesn't have to be fellow team members; it can be coaches, support staff, professors, and anyone witnessing or that has knowledge of the allegations.

Hazing Investigation Process

Most colleges and universities have disciplinary boards or panels that handle misconduct allegations, and there are often informal and formal means of adjudication, depending on the situation. Generally, the process involves the disciplinary board becoming aware of the allegation through a complaint to the school.

Upon launching an investigation, the student-athlete named in the complaint is notified to meet with the board or its investigative staff to discuss the allegations. Since hazing often involves more than one individual, the school may also contact the team's coaches or advisors to gather information and other various parties who were allegedly involved or have pertinent knowledge. The disciplinary board reviews the investigation report and decides whether the behavior merits sanctions on any student-athletes involved or if they must address the team as a whole.

Informal discipline could consist of an agreement to admit responsibility for hazing allegations for less severe discipline. However, if charges are brought, an accused student-athlete is entitled to a hearing during which both they and the alleged victims can produce evidence and question witnesses. Student-athletes may look to mitigate the adverse effects on their standing on the team and NCAA eligibility, but it's critical to defend against allegations by all means provided. Discipline of any kind can easily snowball into problems that leave student-athletes without the chance to play or graduate with a degree.

When the school moves forward with formal charges, student-athletes and all other parties involved receive a notice for a hearing that includes the time, date, and location of the hearing, along with the student's rights during the process. One of the most important things to remember is that student-athletes can retain professional assistance to guide them through the complex process.

Hearing Procedures for Hazing Charges

Prior to the hearing, both parties receive a notice detailing the time, place, and nature of the proceedings. Again, since managing hazing falls under federal guidelines, most schools will follow a near-identical process. Most follow the steps below:

1. A hearing officer will introduce the disciplinary panel and allow the complainant and respondent to make an opening statement. This allows both individuals to make their case before questioning.
2. Each party or their attorney may cross-examine the other party and witnesses.
3. Members of the hearing panel may question the parties and their witnesses.
4. The complainant and respondent may make any rebuttals or closing remarks. This is the last attempt for both parties to influence the hearing panel.
5. The panel will conclude the hearing to make its determination. The final decision may involve a majority vote of the panel members, often with the hearing officer used to break a tie.

Within a few days—typically three to seven—the complainant and respondent receive another notice, this time detailing the panel's conclusions. One of the pitfalls for those accused of hazing is the low evidentiary standards used to decide responsibility.

For instance, most school disciplinary boards base their determination on the "preponderance of evidence" standard, meaning the accused must be proven to have been "likely" to have committed the alleged hazing. This is a far lower standard than what a normal courtroom would use, and therefore, it puts an accused student-athlete behind the eight ball from the beginning and will lead to severe consequences.

Sanctions for Student-Athletes

Hazing is a serious offense, but punishment largely depends on the situation. For instance, if a student-athlete is found responsible for failing to report more minor hazing allegations, like a freshman being forced to do an upperclassman's laundry, it's unlikely for a semester-long academic suspension or full expulsion to be handed down. However, every school and situation is different, and any of the following is a possibility:

• Temporary suspension from team activities: Student-athletes can be forbidden from participating in an upcoming game or match but can also be excluded from practice, team meetings, awards ceremonies, and even travel.
• Probation: The school may place a student-athlete on academic probation or another form of cautionary student standing that will affect eligibility.
• Partial scholarship loss: The student-athlete may lose a portion of their athletic scholarship, which will affect their ability to fund their education for a short period and their playing eligibility.

Depending on the caliber of the division the college or university competes in, even when a partial scholarship revocation occurs, that could mean it's taken from one student-athlete and given to another. This will depend on whether the financial aid is an athletic scholarship or an athletic grant. Nevertheless, a change in academic standing—which probation will adversely affect—will result in consequences for both scholarships and grants.

For more severe cases of hazing—those which cause physical or psychological harm to others—schools are likely to levy the maximum punishments allowed, such as:

• Expulsion from the team: Student-athletes may be permanently removed from the team, effectively ending their participation in collegiate sports at that institution.
• Revocation of scholarships: Student-athletes receiving financial aid to participate on teams will have their eligibility revoked once they are removed from a team. Athletic grants hinge more on the full student experience, such as academics and community service, but will also likely be taken away.
• Suspension or expulsion from school: If a student-athlete is suspended or expelled from the school, they will lose their ability to play or attend school and may not be allowed to reapply or join a team.

While being a team member is a privilege and not a right, that doesn't mean it can be taken away arbitrarily. Students reserve the right to appeal the school's sanctions, but it must be done quickly. Often, there is little more than five to seven days to submit an appeal. Moreover, the process hinges on whether there were significant procedural errors or bias on the part of any member of the disciplinary panel.

How Does the NCAA Treat Hazing?

The NCAA expects student-athletes and institutions to uphold high standards of conduct, but the organization does not directly handle the investigation, adjudication, or sanctioning. Instead, it relies on the school to address instances of hazing.

If a student-athlete looks to regain eligibility, the NCAA will likely require them to undergo rehabilitative programs beforehand. For instance, individuals may need to attend counseling sessions to address previous behavior and its underlying causes or participate in workshops or seminars on hazing prevention, leadership, and ethical conduct. Yet, colleges and universities sometimes share the brunt of responsibility.

Following hazing allegations, the NCAA may conduct a compliance review of the institution to ensure that proper procedures are followed and that it maintains compliance with NCAA standards. Such a situation can easily damper efforts to rejoin a team.

What About Non-NCAA Student-Athletes?

Colleges and universities that host NCAA-sponsored competition sports often manage club sports for students, which work on a different set of rules. Club sports, which are typically student-run and less regulated, can sometimes foster environments where hazing is more likely to occur. This can be due to the lack of oversight, a stronger emphasis on tradition, and the desire to build camaraderie through initiation rites.

Hazing in club sports can take many forms, just like in NCAA-sponsored sports teams, from relatively benign pranks to dangerous activities. As mentioned above, colleges and universities have strict rules prohibiting hazing, regardless of whether it's from a student-athlete. When hazing incidents occur, they can lead to severe consequences for the individuals involved and the club itself. Students found participating in hazing can face disciplinary actions such as suspension or expulsion from the institution, and the club can be disbanded or face other punitive measures.

Are There Criminal Implications for Hazing?

Hazing is not only a violation of school policies and those of the NCAA but also a criminal offense in many states. The criminal implications of hazing vary depending on the severity of the incident, the legal jurisdiction, and the specific actions involved. Yet, there are similarities between those classified as misdemeanors and those classified as felonies.

Misdemeanor hazing incidents are less criminally severe involving activities that cause minor physical harm or emotional distress, such as:

• Forced consumption of alcohol
• Excessive but minor physical challenges
• Psychological hazing without severe injury

Penalties for misdemeanor hazing can include fines, community service, probation, and short-term jail sentences, usually less than one year. However, felonies are far more serious, with much harsher consequences in instances such as:

• Causing long-term physical or psychological injury
• Involves illegal substances
• Leads to fatal outcomes

Michigan, Pennsylvania, and many other states have anti-hazing laws that mandate harsher punishments for those charged and convicted of hazing. For example, some states classify any hazing instances that result in any form of bodily injury as a felony and not a misdemeanor.

That being said, most of the issues surrounding hazing are handled by the school, which means that even if criminal charges are dropped, the school can still punish student-athletes. While student-athletes need to retain professional legal assistance, it's important that they understand the differences between the school disciplinary process and the criminal justice system. Both affect Student-athletes differently; the school will levy harsh punishment even if local authorities drop charges.

How Can the Lento Law Firm Help?

When a student-athlete is accused or charged with hazing, the situation can quickly become overwhelming and jeopardize their academic, athletic, and personal life. While colleges and universities have policies that uphold the rights of the accused during disciplinary hearings, that shouldn't be seen as the same as the due process rights one has in a courtroom, student-athletes are at risk of losing their eligibility to play and their opportunity to graduate with a degree. Colleges and universities don't need much evidence to hand down sanctions, so you need help from a team that recognizes the differences between the criminal defense process and the student defense process.

The Lento Law Firm Student Defense Team recognizes how schools can stack the deck against a student-athlete accused of hazing. With their high-profile nature, cases involving hazing can quickly become too much for an individual student to handle while also being responsible for schoolwork and team duties. Some may think that hiring an attorney to defend them against a school disciplinary board may be too extreme a step, but it's often the reason student-athletes remain in good academic standing and retain their NCAA eligibility.

Below are just a few reasons how the Lento Law Firm Student Defense can help student-athletes accused of hazing:

• Understanding the accusations: The first step we take is to thoroughly grasp the allegations and their relation to the code of conduct or school bylaws. Hazing accusations can range from minor pranks to severe physical or psychological abuse, and each type carries different consequences.
• Reviewing evidence: Our attorneys will review all available evidence against a student-athlete, including witness statements, videos, text messages, emails, and others, to assess the validity and severity of the allegations.
• Guidance and representation: Each college or university has its own set of rules and procedures for handling hazing accusations, and we can guide student-athletes through each step, from the initial investigation to the final hearing and through to appeals. Our team prepares everyone for interviews and hearings, ensuring they present themselves coherently and effectively.
• Protecting due process rights: A student-athlete's due process rights don't stop at the college gates. We ensure you are given a fair hearing and a chance to confront your accuser, as well as safeguard against any potential bias or procedural errors that could unfairly influence the outcome.

One of the benefits of retaining the Lento Law Firm early in the process is that we can negotiate with the college or university's Office of General Counsel to reach a resolution that minimizes the impact on the student-athlete's life. This could involve lesser sanctions, such as mandatory counseling or community service instead of suspension or expulsion.

No matter the outcome, the Lento Law Firm Student Defense will also work with the school and NCAA to help restore your eligibility. It may include programs, workshops, or other modes of reentry and support the institution may not suggest as a means of rehabilitation.

Institutions and the NCAA impose harsh penalties on student-athletes to deter hazing and uphold a safe, respectful environment for all students. However, mistakes do happen in the form of excessive punishment, false accusations, and biased disciplinary panel members, among others. For student-athletes facing hazing accusations, call the Lento Law Firm Student Defense Team at 888-535-3686 now or fill out our confidential online consultation form, and we will reach out to you.