Final Sentencing in Timothy Piazza Case Calls Attention to Anti-Hazing Laws
| | Criminal Defense, Title IX
What goes on during fraternity hazing parties generally remains a secret shared only among those in the know on campus. But when something tragic happens, the secrets of college hazing rituals become exposed for all the world to see.
This happened at Penn State in 2017 when sophomore Timothy Piazza was encouraged to drink too much alcohol during a hazing ritual and fell several times, causing injuries that led to his eventual death. Dozens of fraternity members were charged with criminal offenses as a result. The court recently handed down the sentences of the final two defendants, bringing renewed attention to the potential for criminal punishment and campus disciplinary measures due to college hazing activities.
Students can face serious consequences for violations of law and policy even when no one is hurt. It is important for college students and their families to understand how to protect their legal rights and to know what is at stake when a student is accused of a violation.
Overview of Anti-Hazing Laws Nationwide
The vast majority of states, along with the District of Columbia, have enacted statutes that prohibit hazing on campus in various forms. In fact, only six states have failed to address this issue statutorily. Congress recently passed a national anti-hazing law, which should be put into action shortly.
In the meantime, each state takes a different approach to defining prohibited actions and defining penalties for violations. A landmark nationwide study released in 2008 by Elizabeth J. Allan, Ph.D. and Mary Madden, Ph.D. of the University of Maine established a definition of hazing that can serve as a useful guideline when discussing the laws and campus policies that prohibit practices associated with hazing. The study describes hazing as “any activity expected of someone joining or participating in a group that humiliates, degrades, abuses, or endangers them regardless of a person’s willingness to participate.”
The study found that college students experienced hazing not only with respect to fraternities but also with other clubs, organizations, and sports teams. Many of the hazing practices involved sleep deprivation, sexual conduct, humiliation, isolation, and, of course, the consumption of alcohol.
Civil and Criminal Statutes
It is important to note that some states penalize hazing as criminal behavior, subjecting those responsible to criminal punishment such as fines and incarceration. Other states have enacted statutes that concern civil liability, giving students subjected to hazing (or their families) the right to seek compensation from those responsible. Many states have statutes that do both.
The Issue of Consent
With regard to anti-hazing laws, one of the key differentiating factors is the element of consent. Laws in some states specify that a violation can occur even if the student participates voluntarily in the hazing process. Proponents of strict anti-hazing laws argue that the peer pressure and power dynamics of the situations in which the students are involved prevent students from giving “true consent.” They note that the misuse of drugs and alcohol, combined with the students’ desire to be a part of the group, negates the ability to give lawful consent. They also note that students who agree to participate in hazing often are kept in the dark about the ordeal they will be facing and so cannot truly consent to it.
Consent is Not a Defense in Most States
Of the 44 states that currently have anti-hazing laws on the books, a dozen of those states have not addressed the issue of consent or voluntary participation. The states that discuss the element approach it in different ways. The Connecticut anti-hazing statute, for example, specifies that “The implied or express consent of the victim shall not be a defense in any action brought under this section.” The Ohio civil liability statute takes a broader approach, not only disallowing the use of consent as a defense but also the assumption of risk or negligence.
As another example, in Georgia, the anti-hazing statute says that actions can constitute hazing “regardless of a student’s willingness to participate in such activity.”
Hazing as a Crime
In many states, hazing can be penalized as a felony offense, particularly when it results in serious injury. While other states treat hazing as a misdemeanor, a conviction for any crime carries long-term consequences that last long after any fines or incarceration have been forgotten.
After the death of Timothy Piazza, Pennsylvania enacted one of the most comprehensive anti-hazing statutes in the country. The statute defines the offense of hazing as committed by an individual who “causes, coerces, or forces a minor or student” to engage in one of several listed activities. The offense is aggravated and penalized as a felony when it results in serious injury, and the person accused acted with “reckless indifference to the health and safety of the minor or student” or if the situation involved alcohol or drugs.
The statute also penalizes institutions for allowing hazing, requires institutions to adopt anti-hazing policies, and establishes immunity from prosecution for individuals who are trying to seek medical assistance for another.
Violation of College Anti-Hazing Policies
Even if a student is not prosecuted for a violation of an anti-hazing law or statute, they may be accused of violating a school policy and required to face disciplinary action. Although an academic institution does not have the ability to sentence a student to prison, the school can take actions that destroy a student’s future opportunities, so it is important to take all possible steps to defend against the accusations. An experienced student defense lawyer can protect a student during both campus disciplinary proceedings and any criminal or civil actions that may follow, but it is important to seek legal assistance quickly. Colleges and other educational institutions often investigate and hold adjudications on very short notice, and a student can be found responsible and expelled or hit with other penalties before they’ve had a chance to take stock of the situation.
Nesenoff & Miltenberg Knows How to Defend Students Accused of All Types of Hazing Violations
In addition to potential violations of state anti-hazing statutes and college conduct policies, hazing situations can also lead to allegations of Title IX violations and other accusations. Students accused risk damage to their reputation and future that can be difficult to overcome.
The experienced student defense attorneys at Nesenoff & Miltenberg know how to protect the rights of students and work to defend them successfully on campus and in court. But time is of the essence. If you’d like to schedule a confidential conversation about a hazing violation or other incident where a student has been accused of wrongdoing, we urge you to call us at 212-736-4500 or contact us online as soon as possible.