Being a student can be complicated. One is expected to do well, both academically and in social settings, in an environment where pressure is coming from all sides. Amidst this whirlwind, students often seek comfort and a sense of belonging in extracurricular activities. For many, the rhythmic allure of a marching band, the harmonious blend of a musical group, or the creative freedom of a choir offers a much-needed escape.
Joining a marching band or other types of musical groups such as small ensembles, acapella groups, and choirs, among others, can be more than just an after-school or extracurricular activity; it can be a safe place to pursue a passion for music, meet new people and possibly find a sense of belonging as well as a place to practice or learn new skills.
But, like with any group organization, there can be challenges. If you or a loved one find yourself facing any of those challenges, including accusations of hazing, you don't have to face them alone. Call the Lento Law Firm today at 888-535-3686 or fill out our online form to schedule a consultation.
Why a Marching Band or Music Group?
At its core, being part of a marching band or musical group is about enjoyment. These groups are a space where you can express yourself through sound, all while connecting with others who share the same love for music. Marching bands, in particular, add the element of performance beyond just playing – you're moving, forming complex formations, and adding visual storytelling to your music. There's a certain thrill in marching on a football field, at parades, or during school events, where the combined efforts of the entire band turn into a mesmerizing display of synchronization and sound.
Additionally, one of the best things about joining a musical group or band is the possible friendships you make along the way. These groups can often be tight-knit communities where the bond between members is strong. You spend hours practicing together, traveling to performances, and sharing in both the triumphs and challenges of group performance. The friendships that form in these moments often last far beyond school, as they're built on a shared experience of teamwork, hard work, and mutual support.
However, while joining a musical group or marching band can often be a highlight of the high school or college experience, it's important to acknowledge that not every aspect may be positive for everyone involved. Unfortunately, like in any group setting, some students may encounter negative behaviors such as hazing. Hazing can take many forms, from seemingly harmless pranks to more serious and harmful actions, and it can create an environment of fear and discomfort. It's crucial to be aware of these possibilities and to understand that they can occur even in settings that are supposed to be fun and supportive.
If you find yourself involved in a hazing case or allegations in any capacity—whether you were directly involved, accused, a bystander, or just a member of the group—it's crucial that you seek the appropriate legal counseling immediately. Hazing incidents can have serious consequences, regardless of your role. Even if you didn't actively participate, simply being present at the time can affect your future. You could face disciplinary action from your school, damage to your reputation, or even legal charges, depending on the situation.
That's why you need the right representation to protect your rights and ensure your side of the story is heard. Our legal team understands the complexities of hazing cases, especially in non-Greek settings like marching bands and musical groups. We know the unique challenges these cases present, and we're here to help you navigate the process. Don't take any risks with your future—reach out to us for guidance so we can advocate for you and make sure you're treated fairly.
What is Hazing?
Some define hazing as a form of initiation that occurs when admitting new members to certain social groups, such as fraternities, sororities, sports teams, clubs, and even workplace environments or within the military. These initiation rituals or activities often include or are characterized by requesting the person(s) to engage in degrading humiliating, or even dangerous tasks, activities, and/or behavior.
Although the definition of hazing varies from state to state in the United States, it usually refers to actions of pressure or force that jeopardizes someone's physical or mental health during their introduction into a group or organization. These are a few American legal definitions of hazing.
Federal Definition (Clery Act Amendment)
The Clery Act, amended by the "Hazing Awareness and Prevention Act" of 2021, includes hazing under federally reportable crimes. Although the law does not define hazing itself, it requires institutions to report hazing incidents that result in serious bodily harm or death.
California (California Legislative Information)
Under California law, hazing is defined as any method of initiation or pre-initiation into a student organization that is likely to cause serious bodily injury to any student or person attending an educational institution. The law specifically states that hazing does not include customary athletic events or similar contests.
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California Penal Code § 245.6:
"Hazing" means any method of initiation or preinitiation into a student organization which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, university, or other educational institution in this state.
Florida (Chad Meredith Act)
Florida's law against hazing is outlined in the “Chad Meredith Act” and makes hazing a criminal offense. Hazing is defined as any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes of initiation or affiliation with any organization operating under the sanction of a postsecondary institution.
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Florida Statutes § 1006.63:
"Hazing" means any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including initiation or admission into or affiliation with any organization.
New York (New York State Senate)
New York penal law defines hazing as an intentional or reckless act directed against another person for the purpose of initiation into, affiliating with, or maintaining membership in any organization, which creates a substantial risk of physical injury.
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New York Penal Law § 120.16:
"A person is guilty of hazing in the first degree when, in the course of another person's initiation or affiliation with any organization, he or she intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person and thereby causes such injury."
Texas (Texas Constitution and Statutes)
Texas law defines hazing in terms of both mental and physical harm. Hazing includes any intentional, knowing, or reckless act that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, or maintaining membership in an organization.
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Texas Education Code § 37.151:
"Hazing" means any intentional, knowing, or reckless act occurring on or off the campus of an educational institution by one person alone or acting with others, directed against a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization.
Ohio (Ohio Laws and Administrative Rules)
Ohio law also addresses hazing, making it a criminal offense. Hazing is defined as any act or coercion of a violent or forced nature toward another student for the purpose of initiation, admission, or continued membership in an organization.
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Ohio Revised Code § 2903.31:
"Hazing" means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person. - Source: Ohio Laws and Administrative Rules
These legal definitions are based on state laws and vary slightly by state, but they all emphasize the dangers of hazing and its potential to cause harm. In most states, hazing is a criminal offense, and educational institutions are required to take measures to prevent and report incidents.
Schools take hazing very seriously and have specific codes of conduct to address and prevent it. Here's how they typically handle hazing incidents:
Regulations
Schools often have detailed policies in their student handbooks that define hazing and outline prohibited behaviors they consider hazing. These policies are designed to create a safe and respectful environment for all students. They usually include:
- Definitions: Clear definitions of what constitutes hazing.
- Prohibited Actions: Specific examples of behaviors that are not allowed.
- Reporting Procedures: Instructions on how students can report hazing incidents confidentially.
Investigation
When a hazing incident is reported, schools follow a structured process to investigate the allegations:
- Initial Assessment: The school administration conducts a preliminary review to determine if the report warrants a full investigation.
- Formal Investigation: If necessary, a formal investigation is launched. This may involve interviewing witnesses, gathering evidence, and reviewing any relevant documentation.
- Confidentiality: Efforts are made to protect the confidentiality of all parties involved to prevent retaliation and ensure a fair process.
Adjudication
Once the investigation is complete, the school takes steps to adjudicate the case:
- Review of Findings: The findings from the investigation are reviewed by a disciplinary committee or designated school officials.
- Hearing: In some cases, a hearing may be held where the accused can present their side of the story.
- Decision: Based on the evidence, a decision is made regarding the culpability of the accused.
Punishment
If a student or group is found guilty of hazing, the school imposes appropriate sanctions:
- Disciplinary Actions: These can range from warnings and probation to suspension or expulsion, depending on the severity of the offense.
- Educational Programs: Offenders may be required to participate in educational programs about the dangers and consequences of hazing.
- Restorative Justice: Some schools may use restorative justice practices to help repair the harm caused by hazing.
By having these measures in place, schools aim to deter hazing, support victims, and maintain a safe and inclusive environment for all students.
Hazing incidents have occurred in various contexts beyond fraternities and sororities, including musical groups like marching bands, choirs, and other performance groups. Here are a few notable cases in the U.S. involving musical groups or marching bands:
Florida A&M University (FAMU) Marching Band Hazing Case (2011)
One of the most widely known hazing cases involving a musical group occurred at Florida A&M University (FAMU)in 2011. The school's prestigious "Marching 100" band became the center of national attention after the death of drum major Robert Champion. Champion died as a result of hazing during a band bus trip after a football game. He was beaten to death by fellow band members in a hazing ritual known as "crossing Bus C," where band members would physically attack a student as they tried to make their way from the front of the bus to the back.
The fallout from this case was severe: FAMU temporarily suspended its marching band, several band members were charged with manslaughter and hazing, and the university faced scrutiny over its oversight of the band. The case also led to heightened national awareness of hazing in non-Greek organizations.
Texas State University Marching Band (2013)
In 2013, students from Texas State University were charged with an alleged hazing incident involving the first-year members of the marching band drum line, where they allegedly became ill from excessive drinking as a result of an initiation ritual.
Ohio State University Marching Band (2014)
The Ohio State University Marching Band, one of the most renowned in the entire country, was involved in a hazing and sexual harassment scandal in 2014. An investigation revealed that the band had a culture of hazing, which included rituals that involved upperclassmen forcing newer members to march in their underwear, perform sexually suggestive activities, and endure humiliation. As a result of the investigation, the band's director was fired, and the university implemented reforms to address the culture of hazing within the organization.
Cornell University A Capella Group (2016)
In 2017, Cornell University reported that the college's oldest all-male acapella group had been permanently dismissed for hazing after the story broke in September 2016. The incidents involved new members who were required to sit naked in ice baths, apply topical muscle creams on their private body parts as well and participate in physical challenges that also involved the consumption of food. After the initial investigations and after an appeal, the University Hearing Board determined that the core charge of hazing was sufficiently met, which warranted the group's dismissal.
Bowie State Marching Band (2018)
It was reported that in November 2018, the Bowie State Marching Band, Symphony of Soul, had been suspended after hazing allegations. After officials investigated hazing allegations, the band was placed on a yearlong probation. After evidence of hazing was found, the band director resigned. The investigation concluded that members of the band had violated the school's policy on hazing as well as the student code of conduct.
When people think of hazing, they usually picture fraternities or sororities, but hazing can happen anywhere—yes, as shown in the above-mentioned scandals, even in marching bands, choirs, and other musical groups. It may not always look the same as the hazing you've heard about in Greek life, which is the one we see depicted so much on television, but it's just as real, and it could have lifelong repercussions. In these groups, hazing can be more subtle, and because it doesn't always involve the extreme physical acts you hear about in fraternities, it's easy to overlook or dismiss it, not thinking it could be hazing. In response to these instances, a lot of colleges have tightened their anti-hazing guidelines and stepped up their monitoring of student organizations. The Lento Law Firm Student Defense Team is here to make sure that no matter the severity of any possible accusation, you don't face these accusations alone.
How The Lento Law Firm Can Help
In cases of hazing, the stakes are incredibly high. The standards of evidence can be minimal, and the burden of proof is considerably lower than in criminal cases. This means that even a small amount of evidence can lead to serious consequences, such as suspension, expulsion, or irrevocable damages to your reputation.
This is where the Lento Law Firm Student Defense Team can make a significant difference. The Lento Law Firm Student Defense Team can provide guidance and representation to ensure that your rights are protected throughout the investigation and adjudication process. At every point in the process, the Lento Law Firm Student Defense Team can help you navigate the complexities of school policies, support you in gathering and presenting evidence effectively, and advocate on your behalf to achieve the best possible outcome. Don't face these challenges alone—let our team support you in these critical moments.
Criminal statutes like anti-hazing laws may result in severe charges, from misdemeanors to felonies, in hazing incidents. Nevertheless, these criminal prosecutions are frequently dismissed or plea bargained down to lower charges, leaving the accused to deal with the high-stakes disciplinary procedure at the school.
Even if you have a local criminal attorney, they might be hesitant to get involved in the school's process because it operates under different rules and procedures, which can be outside their area of focus. School investigations and hearings are not the same as criminal trials; they have their own standards of evidence and burden of proof, which can be unfamiliar territory for criminal defense lawyers.
Keep in mind that even in cases where a criminal attorney is willing to get involved, it is always advisable to get help from an attorney who understands the intricacies of school policies and the specifics regarding the standards of evidence used in these cases. Here is where the Lento Law Firm Student Defense Team can be the perfect ally, as we are well-versed in navigating the complexities of school disciplinary processes, ensuring that your rights are protected and that you receive fair treatment.
It is crucial to recognize that events at school can have a profound and enduring effect on a student's life. Hazing accusations are treated with the utmost gravity, and the potential consequences are serious. Suspension or expulsion are very real possibilities, and these punitive measures can carry significant long-term effects.
A suspension or expulsion can mar a student's academic record, creating challenges when trying to transfer to another school or gain admission to higher education institutions. Furthermore, it can hinder future employment prospects, as many employers conduct background checks and take an applicant's academic history into account. Beyond academic and career implications, the emotional and social impact of being removed from a school environment can be substantial, potentially harming a student's self-worth and mental well-being.
With stakes this high, addressing hazing accusations requires the utmost care and attention. Seeking professional legal advice is critical to navigating the disciplinary process. The Lento Law Firm can offer the guidance needed to safeguard your rights and strive for the best possible outcome. The consequences of school-related disciplinary actions can extend far into the future, making it essential to have the right legal support to help you through these difficult times.
You deserve to be given the benefit of the doubt, and the Lento Law Firm Student Defense Team will work to ensure that your school grants it to you—regardless of whether you made a mistake, became entangled in the actions of another person, or refrained from engaging in the problematic behavior. We can be there to ensure that these accusations don't dictate your entire future and that you and your family can live with the knowledge that you are not fighting this battle alone. Let us help you and your family feel at ease knowing that these accusations won't define who you are.
The Lento Law Firm's Student Defense Team has helped many students accused of hazing and other acts of misconduct nationwide. We understand what's at stake for you and your family, we know how the disciplinary process works, and we can help you prepare the best defense to make sure your voice is heard. Don't jeopardize your academic future by facing these allegations on your own. Call the Lento Law Firm today at 888-535-3686 or fill out our online form to schedule a consultation.
