Hazing Can Be a Crime
Posted on Dec 15, 2015 8:10am PST
"Hazing" has been practiced in fraternities and athletics for a long time. In many institutions, it's considered an age-old tradition. While hazing was once considered socially acceptable and a rite of passage for fraternity pledges, nowadays it's frowned upon in many learning institutions and downright criminalized in some states.
"Hazing" refers to committing an act against a student or coercing a student into committing an act that places a substantial risk of harm upon a person, in order for that person to be initiated into an organization.
Hazing includes, but is not limited to:
- Any physical brutality (whipping, beating, shocking, branding etc.),
- Placing a harmful substance on the body,
- Sleep deprivation,
- Exposure to weather,
- Any activity that involves breaking the law,
- Confinement in a restricted area, and
- Activity involving consuming drugs, alcohol, food or other substances that subjects the student to an unreasonable risk of harm.
The types of clubs or groups typically involved in hazing includes classes, teams, fraternities, and other student organizations. Upon investigation of a hazing incident, a school is within its right to take appropriate action, which may include a warning, suspension, expulsion, transfer, termination or discharge.
Hazing as a Criminal Offense
Many states have enacted anti-hazing laws. For example, in Texas hazing is covered under Chapter 37 of the Texas Education Code. Under Section 37.152 a personal hazing offense is a Class B misdemeanor.
If the hazing offense caused serious bodily injury to another, it is prosecuted as a Class A misdemeanor and any other offense under Sec. 37.152 is a state jail felony.
In Florida, hazing is prohibited under Sect. 1006.63. Under this Section, hazing can be prosecuted as a third degree felony or a first degree misdemeanor depending on the facts of the case.
As you can see, hazing is taken very seriously and there are state laws to prove it. If you are being accused of hazing, contact a criminal defense lawyer for an aggressive defense!