In 2023 and 2024, communities in New York and Pennsylvania were rocked by allegations of hazing against high school students, primarily on sports teams. While college hazing often occurs in the fraternity or sorority setting, high school hazing is often seen in locker rooms and initiation rituals for sporting teams. These accusations often involve senior members of the squad who harass younger members and may involve alleged crimes as serious as aggravated assault, rape, and sexual abuse.
If a high school student is accused of hazing, they may face both criminal charges and high school code of conduct violations. The student may be suspended or expelled from school, with lifetime ramifications on their livelihood and reputation. Though students may face criminal hazing charges, school discipline often has a greater negative effect on a student’s college and future career prospects. To effectively fight accusations of hazing, you need an experienced team. The LLF National Law Firm has successfully represented hundreds of students nationwide who have been accused of misconduct and other issues. Call the LLF National Law Firm at 888.535.3686 or leave your details online, and we will promptly contact you.
Hazing in New York High Schools
In 2023, a high school football team in upstate New York became the focus of a law enforcement investigation of alleged hazing. The Clyde-Savannah High School football team was forced to forfeit the remainder of the season because the school refused to allow the football team to play. A grand jury in Wayne County indicted three players, aged 15-17, with charges of aggravated sexual abuse, hazing, and forcible touching. A fourth member of the team was indicted for unlawful surveillance. The small community of Clyde, at around 1,500 people, is smaller than many high schools in larger communities, and this case had a devastating effect.
New York parents may also recall media coverage in 2022 of Middleton High School in Pennsylvania, which involved accusations of hazing and sexual abuse by members of the football team. A former school administrator criticized the local prosecutor’s “win at all costs” mentality. In 2014, a similar case in Sayreville War Memorial High School rocked a New Jersey community with allegations of sexual abuse of members of the football team, resulting in both guilty pleas and not guilty verdicts.
These cases underline the importance of involving experienced counsel early in the process if your teen is accused of hazing. There is no question that the schools involved and local prosecutors cast a wide net, and several team members were investigated but later cleared. According to the media, the students involved in the New York case were suspended from school.
Hazing and Sports Teams in New York State
New York hazing cases covered by the media have tended to involve sports teams, and hazing allegations are common for athletes at all levels. In team sports, the line between harmless team rituals and hazing can be fuzzy, and rituals that start safe can end up being something very different. Because of this, a team member with no intent to harm or violate hazing policy or law can cross a line into dangerous behavior. Further, students who do not participate in any way are singled out for discipline despite being no more than bystanders.
The LLF National Law Firm is experienced with and sensitive to student-athlete issues. A student-athlete accused of hazing may feel their future athletic career slipping away, and for good reason. Let the LLF National Law Firm advise you on protecting your athletic eligibility if you are accused of misconduct, including hazing.
New York Anti-Hazing Law
Under New York law, hazing is intentional or reckless conduct that causes a substantial risk of physical injury during the initiation of a person into a club or organization. Hazing in the First Degree is a misdemeanor, Class A. Hazing in the Second Degree is intentional or reckless conduct that causes a substantial risk of physical injury but does not result in an injury. The definition of hazing in these statutes is also likely to be used by your child’s school. While hazing is a misdemeanor charge, it’s important to note that behavior that constitutes hazing may also meet the legal definitions of other crimes, such as assault, sexual assault, or other violent crimes.
New York High Schools Anti-Hazing Policies and Discipline
While your high school may report accusations of hazing to law enforcement, it is likely that it also has an anti-hazing policy. High schools in New York state are required to have these policies under the law. The school may take action for alleged hazing as a Code of Conduct violation under the anti-hazing policy.
In charging your student with misconduct, the school may seek to:
- Suspend your student.
- Expel your student.
- Seek alternative placement for your student.
- Prevent your student from participating in athletics or other organizations for a definite or indefinite period. This may end a promising athletic career.
A student facing discipline from a school district must understand the procedure under which the student will defend themselves.
Discipline Procedures for NY Students Accused of Hazing
Public Schools
The procedures under which a school seeks to discipline a student will vary depending on whether it is a public or private high school. Students at all public schools have a constitutional right to due process in disciplinary matters. This means that students in public schools have a right to certain procedures and must be given the right and ability to defend themselves against accusations effectively.
Private Schools
Students in private schools have less expansive due process rights than public students, but they are still required to provide some due process under NY law. Further, the school code of conduct and procedures may form a contract between the parent and the school. The LLF National Law Firm has represented students at some of the most prestigious high schools in this country and is not afraid to take on any school that is treating your teen unfairly.
Student Rights in Discipline Proceedings
Regardless of the school setting, all students have some rights as they fight accusations of hazing. These rights may include:
- The right not to be discriminated against on the basis of color, national origin, race, sex, or disability.
- The right to free speech on issues of public concern, so long as they do not disrupt school activities.
- The right to some privacy, especially surrounding confidential, private, and personal information, under the Family Educational Rights and Privacy Act (FERPA)
Student Discipline Law In New York
All schools in New York state must follow Education Law § 3214. This law requires that a school may only suspend a student for cause. Violence or disruption, often alleged in hazing cases, is included in these causes. Under Education Law § 2801, all New York school districts must have a Code of Conduct, and students facing suspension based on this Code of Conduct have the right to understand the rules and receive a copy. Under this law, the school must provide a fair hearing if the suspension is for more than six days.
What is a Fair Hearing?
A New York student facing a suspension of more than six days has a right to a fair hearing. This hearing may be overseen by the school superintendent or a hearing officer appointed to the case. At the hearing:
- The school will present the evidence against the student in question. This evidence may be witness testimony, documents, audio or videotape, or social media posts.
- The student’s counsel may cross-examine witnesses for the school.
- The student will present witnesses and evidence to support their version of events.
- The counsel for the student may present an argument at the close of the hearing.
After the hearing, the hearing officer or superintendent will make findings of fact and may recommend discipline. If a hearing officer has heard evidence and made a recommendation, the school superintendent may accept or reject it. The superintendent must notify the parents in writing of the decision and discipline, if any. The parents have a right to appeal the superintendent’s decision to the local school board and to the Commissioner of Education.
Consequences of Hazing Discipline
Fighting school discipline may be vital because school discipline for hazing can have a far greater impact on your teen than a misdemeanor hazing charge. This is because:
- The school’s discipline record will be discoverable by colleges and universities in the admission process. Depending on the nature of the allegations, this record may have a devastating effect on an already highly competitive college admissions process.
- For students wanting college athletic careers, charges of this type may terminate the interest in a college sports team and scholarships that the teen might otherwise receive.
- Your student may begin to fail academically. Teens who face suspension often do not catch up, and their grades are impacted. A smart parent will take action to fight school discipline against their student.
- Your student may face bullying on social media or attacks online based on the allegations.
Sexual Misconduct and High School Discipline
One reason the high-profile hazing cases have been so shocking to parents is that they have tended to involve allegations of sexual misconduct. It is extraordinarily problematic for a student to be charged in a hazing case involving allegations of sexual misconduct or abuse. The school will have a legal obligation to investigate and remedy abuse of this type, and as we have seen, sometimes the school will overreach. For a student charged with sexual misconduct, the effect can be devastating. Few allegations are more filled with stigma than sexual abuse.
If the hazing allegations against your teen contain a sexual element, you have no choice but to fight. Whether you are in a small town or NYC, charges of this type can expose a teen to ridicule and a damaged reputation. Even in the absence of criminal charges, allegations of this type can devastate your teen’s future. Invest in a good legal defense now and work to prevent these accusations from following your teen for years or decades.
How the LLF National Law Firm Represents Students
The LLF National Law Firm Team will evaluate the evidence against your teen in support of disciplinary charges. It will be vital to understand your teen’s alleged role in the hazing incident.
- Where the evidence against your teen is lacking, the LLF National Law Firm Team will seek early dismissal of any disciplinary charges.
- Assist you in answering any allegations made by the school in a way that supports your version and theory of the case.
- Provide supplementary evidence to the school, including evidence that your teen was a bystander or did not participate in the ritual.
- Seek an informal resolution of your case with the school district to protect your teen’s reputation.
- Attend resolution conferences so that your version of events is presented clearly and concisely.
- Assist you in presenting evidence to mitigate any action against your teen.
- Attend the fair hearing where your attorney can question witnesses for the school and present your witnesses.
- Appeal any decision that goes against your teen or contains errors.
The LLF National Law Firm will be with you every step of the way as you seek to protect or restore your student’s good name and reputation.
New York Hazing Defense Representation
The LLF National Law Firm is a nationwide student discipline defense firm helping students accused of misconduct, including hazing. The LLF National Law Firm can represent you whether you live in the NYC area, upstate New York, or any other area. They have successfully represented hundreds of students nationwide who have been accused of all types of misconduct and other issues. If your student faces suspension, dismissal, alternative placement, or other barriers to completing high school, call the LLF National Law Firm at 888.535.3686 or leave your details online, and we will promptly contact you. The LLF National Law Firm is committed to helping students face accusations of all types, regardless of their nature or notoriety.