High school is a particularly complicated moment that comes with many challenges. It's a time for figuring out not just who you are, but who you want to be. That discovery process often involves joining many organizations, which might have other requirements or rules to be a member. Sadly, some might still keep in place archaic practices that have become commonplace but that put students in actual physical danger and that schools across the country severely punish.
Wisconsin law defines hazing as intentional or reckless acts that endanger the physical health or safety of a student for initiation or affiliation with an organization, regardless of their willingness to participate. Examples of behaviors that constitute hazing can include, among others:
- Physical endurance tests, like making individuals participate in activities beyond their capabilities, for example, running or swimming long distances.
- Physical abuse of any kind, including whipping, kicking, branding, or any other forms of violence.
- Consumption challenges of any kind, whether they involve alcohol, food, or other substances.
- Deprivation, whether it involves food or exposure to extreme elements.
- Extreme isolation.
- Humiliation rituals or loyalty tests of any kind.
- Sexualized rituals.
Statistics indicate 1.5 million high school students nationwide go through hazing every year, and nearly half of college students have already experienced hazing before coming to college.
Outside of the law, most schools' codes of conduct will have a definition of hazing that might sometimes be more in-depth. Whitefish Bay High School, for example, specifies in its code of conduct that acts that include “forcing a student to break a law or school rule, or take part in an act which involves the misuse of school equipment, or holds the potential to cause physical harm to the student or other students” are considered hazing. Lakeview Technology Academy, for example, has an Activities Code of Conduct, which references Wisconsin's Anti-Hazing Law but also establishes specific punishments for hazing.
In broad terms, the idea that schools want to get across regarding hazing is that any situation created intentionally to cause mental or physical discomfort, embarrassment, or ridicule falls within the category of hazing. These situations more often occur within settings where there is coercion, have the potential to cause harm, and typically involve some sort of school organization, though they don't always have to happen within school grounds for the school to consider itself responsible, particularly if they take place within the confines of a school-sanctioned organization.
School is not just a place where students get an education, it's a place where students form a community. But school administrators are not always the best at providing a safe environment for vulnerable students, nor are they the best at identifying problems and making sure students accused of issues like hazing are given the proper due process.
If you are facing school administrators who seem more interested in making a point than helping students under their care, the Lento Law Firm Student Defense Team can help. Our team can be there for you if you or a loved one are accused of hazing and are not being treated fairly. Call us at 888.535.3686 or contact us online today.
What Happens When Schools Are Faced with Hazing Allegations?
Hazing allegations typically don't come out of nowhere but are related to activities that take place as part of initiation rituals for new members of athletics teams or organizations of some sort. And though the process can vary slightly between schools, it will always start with a report.
Any such report can come from the alleged victim, a witness, like in the case of Middleton High School, which reported incidents related to the football team, a concerned bystander, or even an anonymous tip – like in the case of the Eisenhower High School football team, which also disciplined its football team for hazing a few years ago. The details included in the report will vary depending on the person making the report and how close they were to the situation, but considering the seriousness of the matter, a school doesn't need much information to proceed with an investigation into alleged hazing.
From then on, school officials will notify you in writing of the allegations against you and detail the process to follow. The next step of the process is an investigation, which typically involves the collection of evidence and interviewing the accused, the victim, and any witnesses. This phase might also involve an informal hearing where you will give your version of events.
You don't want to face any such investigation or whatever comes after alone. The Lento Law Firm Student Defense Team can be by your side while your school proceeds with the investigation and make sure you understand every step of the process. We can also help you review any evidence against you and prepare a proper defense.
Depending on the findings of the investigation, the school might decide there isn't enough proof to warrant punishment or decide to proceed with a formal hearing in front of the school's disciplinary board or committee. If the school determines there is enough evidence to proceed with a formal hearing, you will then have a chance to present evidence and make a case to support why you should not face disciplinary action. The Lento Law Firm Student Defense Team can help you prepare for any such hearing and make sure you understand what your options are and are ready with the best defense possible.
Hazing is a serious offense, but you deserve a fair and unbiased hearing process and a team that will look out for your best interests and not decide you are guilty without looking at all the facts.
After the hearing, the school's disciplinary board or committee will decide if the actions being investigated have violated the school's Code of Conduct and should be punished and notify you of your decision. The Lento Law Firm Student Defense Team can help, not just during the investigation and hearing but also when it comes to negotiating with school administrators regarding punishments.
In case the decision is not favorable, the Lento Law Firm Student Defense Team can also assist you with the appeal process, which you can proceed with before the decision becomes final. Facing any kind of disciplinary action is a daunting process, but you don't have to do it alone. The Lento Law Firm will have your back. We will be your ally, whether that means explaining what is going on at any given moment so you never feel caught off guard or dealing with school administrators at every step of the process so you can feel secure that you don't have to find the right words in an uncomfortable situation.
Why Schools Punish Harshly?
Hazing allegations cannot be taken lightly by schools, particularly considering that under Wisconsin law, hazing can be a misdemeanor or even a felony, depending on the severity. This means that students can expect schools to take any such allegation very seriously, even at the school level.
Schools have a legal and ethical obligation to provide not just a safe learning environment for students but to be a haven where students can feel comfortable. That sometimes means regulating the ways students relate to each other and punishing hazing falls along those lines.
A school can also face potential liability lawsuits if they fail to prevent or adequately address hazing incidents. All of this contributes to an environment where even the suggestion of hazing will be punished harshly by schools and where you might not get the benefit of the doubt or the support and understanding school is supposed to give all students involved.
School's typical punish hazing with a version of the following:
- Suspension or expulsion
- Loss of scholarship or financial aid for students that rely on those
- Probation or suspension from student organizations or athletic teams, whether it be for a specific period, like one year or permanently.
- Mandatory workshops or educational courses geared towards preventing hazing.
Though the less serious punishments are a possibility, schools often lean towards the most serious ones for all the reasons already discussed, with suspension or expulsion being the most common punishment. A suspension or expulsion for hazing can have lasting repercussions, not just because it can limit your possibility of getting into another school, but because it will go into your academy record, which will make it much harder to get into the college of your choice in the future and can even affect your chances of getting an internship or limit your career advancement opportunities.
The Lento Law Firm Student Defense Team can be there for you to make sure you don't have to just accept the worst-case scenario. We can advise you on the possible repercussions from the beginning, as well as negotiate with your school to make sure you are treated fairly and that due process is respected.
Due Process Concerns
Every time you are faced with any kind of allegations, it's important to get proper legal advice, but it is especially important in cases such as this one because the preponderance of hazing cases in the news makes the topic the type of hot-button issues that might lead school administrators to rush to judgment or fail to follow proper procedures when investigating hazing allegations.
The Lento Law Firm Student Defense Team can fight to make sure you are never treated as just a statistic but seen as a real person with rights and are notified of the accusations against you in the proper timeframe, have the opportunity to defend yourself, and also face a neutral decision body.
Most schools in Wisconsin will use the “preponderance of evidence” standard for disciplinary actions in cases that involve allegations such as hazing. This means that all the school needs is to be convinced that it is more likely than not (at least 50 percent) that you committed the wrongdoing in question. This standard of proof is much lower than the standard of proof for criminal proceedings, where guilt must be proven beyond a reasonable doubt. This means that even if the evidence against you doesn't seem overwhelming, you can still face the strictest punishment possible.
But whether you made a mistake, got caught up in what someone else was doing, or did not participate in the behavior in question, you deserve the benefit of the doubt, and the Lento Law Firm Student Defense Team will fight to make sure your school gives you just that. These allegations should not determine your entire future, and we can be there to help make sure they don't rob you of the chance to go on to do great things with your life and give you and your family the peace of mind of knowing that you don't have to fight this fight alone.
How The Lento Law Firm Can Help
If you are facing hazing allegations, your academic future may be at stake. The consequences of school disciplinary actions can be severe and long-lasting and can affect not just your school record, your choice of college, and ultimately your future employment opportunities but, by extension, your mental health and your relationships. The Lento Law Firm Student Defense Team can be by your side and advise you on the best way to fight these allegations so your academic future isn't compromised. We can also help you prepare a case, face any hearing, whether it be informal or formal, negotiate with school administrators to mitigate any possible punishments if there's no way to avoid those, and file appeals.
The Lento Law Firm's Student Defense Team has helped many students accused of hazing and other acts of misconduct in Wisconsin and nationwide. We understand what's at stake for you and your family, we know how the disciplinary process works in Wisconsin, 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.
