When Hazing and Title IX Misconduct Intersect

Almost all colleges and universities, as well as many high schools, have an anti-hazing policy. All schools that accept federal funding are required to follow what is known as Title IX, which protects against discrimination and harassment based on sex, sexual orientation, and other individual characteristics. It is not unusual for students accused of committing hazing misconduct to also be accused of violating Title IX. That's because, in many cases, hazing includes acts directed at the target students that are sexual in nature.

When a student is accused of both hazing and Title IX violations by their school, they need the help of an experienced student defense attorney. In many cases, disciplinary procedures for Title IX violations will differ from those used by the school for hazing misconduct violations. In both cases, the consequences if the school finds that a violation has taken place can be extremely severe – including suspension or expulsion. That's why it's important to contact the Lento Law Firm's Student Defense Team for help if you've been accused of hazing misconduct, Title IX violations, or both. Call us today at 888.535.3686 or use our contact form to tell us about your case and learn how we can defend you.

Hazing Violations vs Title IX Violations

Not every hazing violation is a Title IX violation. And not every Title IX violation is a hazing violation. Understanding what typical anti-hazing rules prohibit and what Title IX regulations prohibit is important to recognizing when hazing misconduct can cross the line and violate Title IX.

Hazing Prohibitions

More than 40 states have enacted some form of anti-hazing law. While the language of the laws varies from one state to another, they typically include the following:

• A requirement that schools in the state prohibit hazing
• A definition of some of the types of conduct that are considered to constitute hazing
• An explanation of the context in which the misconduct described in the statute is considered to be hazing
• Penalties, either for schools that fail to implement anti-hazing policies, or for individuals who violate the state's anti-hazing law, or for both

Because of these state laws, and also because of lawsuits brought by the families of students (or by students themselves) who were harmed by hazing, almost all schools have anti-hazing policies in place – even in states that don't require the school to do so. For example, while Wyoming currently has no anti-hazing law in place, the University of Wyoming's Student Code of Conduct defines and prohibits hazing, and the school's website characterizes hazing as “a form of abuse and violence,” emphasizing that “hazing is not tolerated and has harmful consequences for all involved.”

Schools that are in one of the many states that do have anti-hazing laws often reference that state's law when defining what the school considers to be hazing. The University of Wisconsin system, for example, includes 13 universities located across the state, and each uses the state's statutory definition of hazing in connection with the disciplinary requirements and procedures that apply on its campuses. The University of Washington's anti-hazing policy similarly quotes directly from parts of that state's anti-hazing law for its hazing definition.

With more than 5000 colleges and universities across the country, tens of thousands of high schools that also prohibit hazing, and 40+ state laws prohibiting the practice, there is no single definition of hazing that can be said to cover every school's hazing prohibitions. But generally speaking, whatever hazing definition is used will cover the following points:

• An act that is committed in connection with and by an organized student group against new or prospective members of that group
• The act is one that has the potential to be physically dangerous or emotionally harmful
• The act is one that has no bearing on the purpose of the organized student group
• The organized student group requires or pressures the new or prospective members of the group to participate in or endure the act

Many schools will also provide examples of actions that are considered to be hazing when committed in connection with a student group's admission of new or prospective members. The schools will almost always note that the examples the school lists don't limit what the school can call hazing but are merely common types of hazing practices that the school forbids. Some of these examples include:

• Physical brutality of any type
• Forced consumption of liquids or foods, including alcohol
• Psychological punishment, such as confining the student in a closed room or compartment, verbally harassing them, blindfolding and transporting them, or embarrassing or ridiculing them
• Encouraging or pressuring the student to violate a law
• Endurance tests, such as long marches or immersion in icy waters

As will be explained below, in some cases, the hazing conduct includes misconduct that can also be considered sexual assault or sexual discrimination and that violates federal Title IX rules.

Title IX Violations

Title IX is an amendment to the Education Act of 1965 that prohibits discrimination based on sex in schools that accept federal funding. Over the years, the scope of Title IX has expanded. Where it originally was designed to create equity in education between men and women – for example, prohibiting schools from discriminating against women applicants – it has since been expanded to require schools to take steps to enforce Title IX rules on campus or risk fines or loss of federal funding.

Schools must do more than make sure their own policies don't violate Title IX; they must also actively enforce Title IX rules at the student level so that the school can't be accused of allowing students to discriminate against other students. That means that schools must prohibit students from committing misconduct that violates Title IX. The types of misconduct that Title IX prohibits currently include:

• Sexual harassment of one student by another
• Sexual violence, including sexual assault, rape, sexual battery, and sexual abuse
• Comments designed to denigrate a student based on their sex, sexual orientation, gender expression, or gender identity

There are more; these are the types of Title IX misconduct that can occur in the context of student hazing.

Schools are required to follow certain disciplinary procedures in Title IX cases. Because these procedures are mandated by the federal government, schools will often have different disciplinary procedures for Title IX cases than they do for other types of misconduct. As a result, a student who has been accused of committing hazing violations that include both Title IX misconduct and other types of misconduct may face two separate sets of disciplinary proceedings and two separate sets of potential punishments.

When Title IX and Hazing Intersect

Unfortunately, it's not unusual for hazing accusations to include claims that the targeted students were sexually assaulted by fellow students as part of the alleged hazing ritual at both the high school and college levels. Allegations of sexual abuse have included:

• Students being held down and forced to lick the private parts of other students
• Students being sodomized with objects wielded by other students
• Students rubbing their exposed genitals against the hazed students
• Forcing a hazed student to penetrate their rectum with an object
• Stripping hazed students and assaulting them in their private parts
• Attempting to humiliate target students by the use of sexual slurs

Many of these acts could separately be charged as some form of sex crime by local law enforcement. In the college and high school context, they can also be the subject of a Title IX investigation and disciplinary proceeding, even if there is no connection between the alleged perpetrator and the victim's interest in joining a student organization. But when these kinds of acts are committed as part of an organization's initiation rite, they also violate the school's anti-hazing policies.

Double Trouble – Title IX and Hazing Disciplinary Actions

Very often, hazing rituals involve more than one type of prohibited act. Prospective student members may be forced to endure a series of tests before being admitted or accepted into the student group. For example, the students may be forced to drink large amounts of alcohol and then may be sexually abused in one of the ways described above. When something like that happens, it is possible that the students accused of committing the hazing will find themselves facing two different sets of disciplinary proceedings – one set for the non-Title IX alleged misconduct and a second set of proceedings for the alleged Title IX misconduct.

This can double the risk that the accused student will face serious discipline and further explains why it's so important to be working with an experienced student defense attorney, one with Title IX defense experience if you've been accused of hazing conduct that includes alleged Title IX misconduct. The Lento Law Firm's Student Defense Team includes attorneys who have years of experience defending students at the college and high school level from allegations that they have committed serious types of misconduct. We understand school misconduct policies and procedures, as well as Title IX policies and procedures, and can help you defend yourself against serious misconduct allegations from day one.

Title IX Misconduct Disciplinary Procedures

The Title IX rules issued by the federal government include requirements schools are expected to follow when investigating and disciplining students for alleged violations of Title IX. Note that the federal government is not involved in these investigations or in the disciplinary process at the individual school level. Schools are expected to implement the government's requirements for investigations and disciplinary proceedings as part of their obligation to respect and enforce Title IX on campus.

Schools have a powerful incentive to make sure the Title IX rules are enforced on campus; if they fail to do so, they can be fined and, in the very worst case, can find themselves losing their federal funding. And because most schools receive federal funds, often substantial amounts of federal funds, they will vigorously enforce the Title IX rules when a student is accused of violating Title IX.

Because of this, schools almost always have separate disciplinary policies and procedures for Title IX cases than they do for other types of “non-Title IX” misconduct. Whether one set of procedures is more favorable to an accused student than another really depends on the school and, in some cases, how the school applies both sets of rules.

In addition, Title IX rules change from time to time, with each presidential administration seeking to put its mark on how Title IX is defined and enforced. If you're accused of a Title IX hazing violation, you want to make absolutely sure that you know what set of rules applies to your investigation and disciplinary proceeding. Working with one of the experienced Title IX attorneys from the Lento Law Firm's Student Defense Team means you won't have to worry about knowing the Title IX rules that apply in your case. Your Title IX attorney will know what the rules and procedures are and how to assert the strongest defense against the allegations made against you.

That said, you can expect to encounter the following steps if you've been accused of Title IX hazing misconduct:

• Notification of the Allegations. The school will send you a notice that you've been accused of Title IX misconduct and that the school has opened a Title IX investigation of you. The Notice will include information about the allegations made against you and will also typically include a warning not to retaliate against the student who made the complaint against you. The Notice is also likely to include information about the investigation process, including what rights you have to access the information collected during the investigation.
• Possible Imposition of Interim Measures. In some cases, schools will impose “interim” or “supportive” measures even during the investigation phase. These can include “no-contact orders” that prohibit you from contacting the person who filed the complaint, changes to your class assignments, forced removal from or change to your residence hall, and in some cases, a required “leave of absence,” which is not called a suspension even though it may have the same effect. While, in theory, under the Title IX rules, you are presumed to be “not responsible” for the allegations made against you, when interim measures are put in place, it might feel as though the school believes you are.
• Evidence Collection. The school will appoint a Title IX investigator, who will typically interview you and your accuser, as well as others who may have information about the allegations made against you (such as in a hazing case, other students who may have been present when the alleged hazing took place). While you may or may not be allowed to have an attorney present at this interview, depending on the Title IX rules that are in effect, your attorney can, at a minimum, prepare you for your interview so you know what to expect and how to respond to questions in a way that doesn't make your defense more difficult. The Title IX investigator may also gather other types of evidence, such as mobile phone records, social media posts, photos, videos, and other materials that may relate to the allegations.
• Informal Resolution. Most Title IX cases don't proceed to a hearing but are resolved with an agreement between the student and the school. While this might seem like an attractive way to bring the whole Title IX process to a faster end, it's important to understand that in almost every case, these agreements require the student to admit to having committed certain acts. These admissions can themselves have serious consequences. Whether coming to an informal resolution of your Title IX case is in your best interest is something your Title IX attorney can help you decide.
• Formal Hearing. If your case isn't resolved with an agreement between you and your school, it will proceed to a formal hearing. The way these hearings work will depend on the Title IX rules that are in place at that time, but you can expect that they will be very different from the sort of courtroom trials you're probably used to from TV. The standards for accepting evidence, securing witness testimony, and deciding whether you are responsible for the accused Title IX violation are all different, and it will be one or more persons connected with the school who will be making the final decision.
• Written Summary. After the hearing, there will be a written decision that will also list the sanctions that the school will impose if the decision goes against you. Because Title IX does not require the school to impose any particular sanctions for a Title IX violation, the consequences if the school rules against you are entirely up to your school. Typically, however, schools will want to show the federal government that they are taking their Title IX enforcement obligation seriously, and sanctions can be serious as well.
• Appeals. Title IX appeals can happen even if you “win” your case; the person who filed the complaint against you can appeal the school's ruling in your favor.

Hazing Misconduct Disciplinary Procedures

Many, if not most, schools have a completely separate set of disciplinary procedures for investigating and resolving all other types of misconduct allegations, including hazing misconduct allegations. Depending on the school, these procedures may be very different from the Title IX procedures or may seem quite similar. Schools typically divide the two types of procedures because of the strict Title IX requirements and because the federal government periodically changes the required Title IX procedures.

Because there are so many different schools at both the high school and college levels across the country, the disciplinary procedures for non-Title IX allegations are going to vary widely, at least in the details. That said, most schools will have an investigative process, possible interim measures to separate the accuser and the accused on campus, an opportunity to informally resolve the matter through a written agreement, a hearing process for matters that don't settle (at least for the more severe forms of sanction such as suspensions or expulsions); and an appeal process.

When it comes to penalties, because hazing is one of the types of misconduct that can be particularly serious, schools may often have more severe penalties for hazing violations than for other types of misconduct. This is another reason to have an experienced student defense attorney on your team; the stakes are almost always higher when it comes to hazing than they are for many other types of misconduct allegations.

The Broad Reach of Hazing Allegations

Most school anti-hazing policies will punish not only the students who actually commit hazing violations but also students who were members of the same organization and who knew that the hazing was going to occur or who were there when it happened and did nothing to try to stop it. Some policies will punish any student, whether they were part of the organization or not, who failed to take steps to stop hazing from happening when they knew it was being planned or were there when it was taking place and didn't try to stop it.

The Unfairness of School Disciplinary Proceedings

Whether they are Title IX investigations and disciplinary proceedings or other school misconduct investigations and disciplinary proceedings, it's not unusual for schools to act unfairly when it comes to how a student who is accused of hazing is treated. Investigations are often focused on finding evidence to support the allegations, not on finding all of the evidence (including evidence that can help the accused student). Interim measures will often target the accused student, leaving the life of the accuser relatively undisturbed. The standards for determining “guilt” may be low; often, the school need only be convinced that the accused student was “more likely than not” to have committed the hazing violation, a much lower standard than the “beyond a reasonable doubt” standard we're all used to from courtroom dramas. Hearing procedures can allow for unreliable evidence. Punishment can be selective and arbitrary.

Your best bet for protecting yourself against this type of unfairness is to work with an experienced student defense attorney, someone who can make sure the school is following its own policies and can bring it to the attention of the school when it is not doing so or when it is disregarding your rights. In extreme cases, your student defense attorney may need to bring a lawsuit that asks the court to intervene and protect your rights where the school is failing to do so.

The Lento Law Firm Can Defend You Against Hazing Allegations

If you've been accused of hazing by your school, whether at the high school or college level, the Lento Law Firm's Student Defense Team is ready to vigorously defend you and your rights throughout the entire process. Whether your hazing case involves allegations that you violated Title IX, your school's code of conduct, or both, our experienced attorneys understand the federal, state, and school policies and procedures that apply. We know how school disciplinary investigations operate and how the disciplinary process works following the investigatory stage.

Your education is vital to your future. Let the Lento Law Firm's Student Defense Team fight to protect you and your future from hazing allegations. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys. We are here to listen and to help!