Hazing in high schools: Ending the hidden tradition

Journal of Law and Education, Apr 2001 by Dixon, Melissa

Hazing in High Schools: Ending the Hidden Tradition

I. Introduction

On August 14, 1996, the first day of classes at Lamar High School in Arlington, Texas, eleven juniors and seniors took six sophomores to a field away from the school campus and hazed the sophomores by paddling, painting, and urinating on them.' Hazing is normally associated with college-level organizations such as fraternities, sororities, and sports teams-not with high school activities. However, a recent survey of American high school students (the Alfred survey) showed that hazing in high school activities is more prevalent than previously thought!

The Alfred survey showed that approximately 48% of high school students responding to the survey had participated in some type of hazing incident.3 Based on this finding, it was estimated that about six million high school students in the United States were subjected to hazing during the past four years. Hazing was not limited to sports affiliated activities, however; it also occurred in academic organizations and other school-sponsored groups. Additionally, girls were just as likely as boys to be hazed.4

II. What is Hazing?

The definition of hazing varies from state to states California, for example, defines it as an activity required of a student for "initiation or pre-initiation into a student organization, pastime or amusement which causes or is likely to cause bodily danger, physical harm or personal degradation or disgrace resulting in physical or mental harm.6In Arkansas, on the other hand, hazing does not include athletic events, contests or competitions, but "is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization."7

Activities considered to be hazing include threats of social ostracism; submitting a student to ignominy, shame or disgrace among his/her fellow students; and playing abusive or truculent tricks! Colorado has banned forced activities including, but not limited to, prolonged activity; consumption of food, beverages, medications or controlled substances in quantities beyond what is normal for human consumption; and consumption of substances not generally intended for human consumption.9 Other physical aspects of hazing include beating, whipping, branding, electronic shock, placing harmful substances on the body, confinement in small spaces, and deprivation of sleep, food or drink. 10

111. Stricter State Anti-Hazing Laws are Needed

A. Anti-Hazing Laws Vary From State to State

Current anti-hazing legislation varies widely from state to state. Some states have little to no prohibition against hazing, while other states have legislation providing for criminal penalties with school related sanctions. Additionally, there is a variance in the applicability of anti-hazing laws to high school students. In states where there are no hazing laws" the message has been sent by the legislature that hazing is socially acceptable. Students could interpret the lack of legislative action as an unspoken approval of hazing. Additionally, in states where hazing is not subject to legal restrictions, even the strictest of school policies would get little support by the courts. Prosecutors may be reluctant to pursue charges against students when there are no specific laws prohibiting their activities.

A few states" have taken a small step toward the development of appropriate anti-hazing laws by requiring educational institutions to develop anti-hazing policies and to distribute those policies to students."4 However, these types of laws do not go far enough. They merely support the educational institutions' development of anti-hazing policies without putting any real teeth into such measures. Additionally, only three of those states" specifically apply their requirements for anti-hazing policies to primary or secondary schools. The remainder of the state laws either apply only to postsecondary educational institutions or contain no provision specifying the applicability of the statute.

A closer step toward the development of a zero tolerance policy has been taken by those states that have made hazing a criminal offense. In such states, hazing is usually considered a misdemeanor." Penalties range from fines as low as $10.0017 to as high as $5,000.00,18 and imprisonment for a period as short as ten days19 to as long as one year." Some impose both a fine and imprisonment21 Depending on the type of behavior or the type of injury caused, some states have elevated hazing behavior to a felony, especially when the hazing results in death" or serious bodily injury,2" or when the hazing is committed by means of a deadly weapon." Treating hazing as a crime conveys the attitude that hazing is both socially unacceptable and intolerable. This stern treatment also reinforces educational institutions' anti-hazing policies and lends more weight and authority to educational institutions' disciplinary procedures.

The strongest step toward a zero tolerance attitude has been taken by states25 which have enacted laws that combine criminal penalties alongside schoolrelated sanctions. In those states, hazing is treated as a misdemeanor.26 At the same time, if a student is convicted of hazing, he or she is subject to sanctions by the school. These sanctions may include, but are not limited to, forfeiture of any scholarships or awards" and expulsion from school." This type of penalty may seem harsh to some. However, it helps foster the understanding that hazing will not be tolerated either by society in general or by the academic community in particular.