When parents send their kids off to college, they often warn them about hazing out of fear they’ll become a victim – especially if they’re joining a fraternity. All too often, however, young people end up facing serious disciplinary action and even criminal charges for a hazing incident that harms or even kills someone.
Recently, several University of Alabama students were charged with hazing in alleged incidents on two different occasions in late August. Surveillance video in the fraternity house captured the actions. According to court documents, “While on their hands and knees, pledges were yelled at, stepped on, pushed, had items thrown at them, and had beer poured on them.” Some of the young men facing charges aren’t accused of participating in the actual hazing, but in failing to report it.
How does the law define hazing?
Alabama law defines hazing as a “willful action taken or situation created, whether on or off any school, college, university, or other educational premises, which recklessly or intentionally endangers the mental or physical health of any student.” This includes “striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to…do physical violence to any student of any such educational institution….”
The reason people can be arrested for not reporting the hazing they witnessed is because the law states, “No person shall knowingly permit, encourage, aid, or assist any person in committing the offense of hazing, or willfully acquiesce in the commission of such offense, or fail to report promptly his knowledge or any reasonable information within his knowledge of the presence and practice of hazing….Any act of omission or commission shall be deemed hazing under the provisions of this section.”
Hazing itself is a Class C misdemeanor in Alabama. However, it’s possible to face more serious charges if someone is seriously injured or killed in a hazing incident. Some young people have died due to the extreme amount of alcohol they were forced or told to drink.
It can seem like a no-win situation if a student is involved only as a bystander to a hazing incident. If they report it to authorities, they could face retribution from those they implicate (and others in the fraternity or other group). If they don’t report it, they could find themselves facing a hazing charge.
Whatever situation your child is in, it’s important that they get experienced legal guidance to protect their rights and tell their side of the story.