Hazing is a crime in Pennsylvania, and colleges across the state, including Pennsylvania Western University at its three campuses, are required to implement anti-hazing policies that apply to students and campus organizations. PennWest, of course, has followed that requirement, and its anti-hazing policy directs students to report hazing to PennWest's three campus police departments in addition to each campus's Dean of Students. With the recent addition of the federal Stop Campus Hazing Act, anti-hazing laws affecting colleges and college students have received more attention than ever.
What does this mean for you if you are a student at a PennWest campus and are accused of hazing? It means that in addition to any school discipline you might face if you're found to have participated in hazing, you could also be facing criminal charges. That is when you need the help of an experienced attorney from the LLF Law Firm's Criminal Defense Team. We understand what it takes to defend against hazing charges, and we can help you protect both your education and your future. Call us at 888.535.3686 or fill out our contact form, and we will schedule a confidential consultation where you can tell us about your case, and we can tell you how we can help.
Anti-Hazing Laws in Pennsylvania
Pennsylvania has a detailed set of anti-hazing laws that apply not only to students but also to campus organizations, including fraternities, sororities, clubs, teams, and other school-related groups. The laws prohibit hazing, including allowing hazing to happen or promoting hazing activities. A conviction can land you in jail in some cases, depending on how serious the offense is.
At its most basic level, hazing is a summary offense. But if the hazing “results in or creates a reasonable likelihood of bodily injury” to the victim, it rises to the level of a third-degree misdemeanor. And if serious bodily injury – or death – results from the hazing, it can be charged as a third-degree felony. Organizations can be charged with criminal hazing as well. If convicted, they face fines of up to $15,000 for each violation, depending again on the risk or the injury to the hazing victim or victims.
In addition to fines, both individuals and organizations convicted of hazing can be required to forfeit property that was “involved in the violation for which the defendant was convicted.” While the law does not go into detail, it could require forfeiture of a car used to “kidnap” students as part of a hazing ritual, or even of a piece of property where hazing took place.
Of course, it is important to understand what Pennsylvania defines as hazing. In general, Pennsylvania considers hazing to involve coercing, causing, or forcing someone to do any of the following:
- Participate in an activity that “creates a reasonable likelihood of bodily injury”
- Violate a state or federal criminal law
- “Endure brutality,” which can be physical, sexual, or mental brutality
- Consume anything that could cause the person to be at risk of “emotional or physical harm”
Because these definitions are part of the anti-hazing law, many Pennsylvania schools use this definition or, as PennWest University does, a variation of this definition, in their anti-hazing policies.
One common defense to hazing allegations is that the alleged victims signed up for the hazing. The argument is that the students who were subjected to hazing had agreed to it; that they were free to leave at any time; and that no one forced them to endure the hazing that allegedly took place. Under Pennsylvania's anti-hazing laws, however, this defense is not effective.
The law recognizes that students who want to become part of an organization, or to be accepted by the other members of an organization, may feel pressured to endure hazing rituals that could endanger their physical or mental health. As a result, the law specifically prohibits any defense that the student gave their consent to the hazing, or that the hazing conduct was “sanctioned or approved” by the school or the organization.
The Federal Stop Campus Hazing Act
The federal government has yet to enact a nationwide anti-hazing law that is similar to the one adopted by Pennsylvania (and similar laws adopted by more than 40 other states). In 2024, however, the Stop Campus Hazing Act came into effect. It requires schools to compile and publish an annual “Campus Hazing Transparency Report” on their websites. The report should include summaries about violations of the school's anti-hazing policies by campus organizations.
The Stop Campus Hazing Act has its own definition of hazing. It provides considerably more detail by way of examples than Pennsylvania's hazing definition, but in essence, it prohibits the same type of conduct. Under the Act, hazing is something that happens as part of an organizational initiation process, or to become affiliated with an organization, or to maintain membership in an organization.
It is any “intentional, knowing, or reckless act” that “causes or creates a risk” that is “above the reasonable risk” of “physical or psychological injury” encountered by being a student or a member of an organization (such as a fraternity or a sports team). The Act lists a number of examples of the types of conduct that, under the proper circumstances, will be considered hazing. These include:
- Physically striking or shocking the victim
- Depriving the victim of sleep
- Exposing the victim to the elements
- Confining the victim in a small space
- Subjecting the victim to “extreme calisthenics”
- Inducing the victim to consume food, drink, or other substances
- Coercing the victim to perform sexual acts
- Requiring the victim to violate local, state, tribal, or federal criminal law
- Placing the victim in “reasonable fear of bodily harm” through “threatening words or conduct”
With the addition of the Stop Campus Hazing Act, schools are focused even more on taking active steps to prevent hazing and to enforce their anti-hazing policies when allegations are made that students have been hazing victims. And because hazing is a crime in Pennsylvania, one way to show the federal government that schools are taking their obligations to prevent hazing seriously is to be able to show that hazing reports are regularly referred to law enforcement.
If you are a student at any PennWest campus and have been accused of criminal hazing, you need a strong defense. You became a student to get a degree, not a criminal record, and a hazing conviction could have a significant effect on your future. The LLF Law Firm's Criminal Defense Team understands Pennsylvania's anti-hazing law and how to defend against hazing charges. Let us help you protect your education and your future.
Anti-Hazing Policies at PennWest University
PennWest University has an anti-hazing policy, as required by Pennsylvania's anti-hazing laws. The policy applies at all three of PennWest's campuses – California, Clarion, and Edinboro – to students, groups of students, and student organizations. In other words, it goes beyond fraternities and sororities, and includes school athletics, club sports, band, choir groups, and honor societies. As noted above, PennWest's definition of hazing closely follows the Pennsylvania anti-hazing law's definition.
The PennWest anti-hazing policy also describes the types of sanctions that the school can impose on students who have been found to have committed hazing. They include:
- Counseling
- Probation
- Required participation in certain “educational activities”
- Suspension
- Dismissal or expulsion
Organizations found to have participated in hazing can have their permission to operate on campus revoked.
The PennWest anti-hazing policy notes that school penalties do not take the place of any criminal penalties that students or organizations might face as a result of hazing accusations. The policy encourages anyone who is reporting hazing to contact the PennWest Police Department – each PennWest Campus has its own force. The policy provides contact numbers for each campus's police force.
Note that PennWest police have full powers to arrest, just as other police officers do. They are responsible for enforcing state and federal laws, as well as school policies, on the PennWest campuses. Criminal prosecutions for arrests made by PennWest police officers will be handled by the local borough for the PennWest campus where the arrest took place. That means the local district attorney for each campus will be responsible for prosecuting the criminal charges, and the local Court of Common Pleas will be where the case is likely to be tried, with the early portions of the case handled by a Magisterial District Judge.
One very important thing to understand if you are facing hazing allegations at any PennWest campus is that you may be facing two separate prosecutions. One was by PennWest as part of its student disciplinary procedures, and the other was a criminal prosecution by local authorities. It is extremely important that your defense of these two cases be coordinated. That is because actions you take in one case can have an effect on how the other case resolves itself.
For example, if you admit to hazing misconduct in your school disciplinary case, that admission can be turned over to local prosecutors and used against you in your criminal case. The best way to protect yourself against something like this hurting you is to make sure your criminal defense and your school disciplinary defense are coordinated.
The LLF Law Firm Will Defend You Against Hazing Charges
If you are charged with criminal hazing while a student at PennWest University, it is also likely that you will face PennWest disciplinary proceedings. Trying to defend yourself against both of these can be a serious mistake. You need the help of an experienced criminal defense attorney, someone who understands Pennsylvania's criminal laws and court procedures and who knows what it takes to defend against criminal charges. The LLF Law Firm's Criminal Defense Team has that experience. We regularly defend clients accused of all types of crimes in courts all across Pennsylvania.
Many of our attorneys also represent students accused of misconduct in school disciplinary proceedings. This can be an enormous advantage if you are facing both criminal charges and school disciplinary charges. The two defenses need to be coordinated so that your rights are protected in each one and so that you can effectively defend yourself in both cases.
Call the LLF Law Firm's Criminal Defense Team today at 888.535.3686 or fill out our contact form to schedule a confidential consultation with one of our experienced attorneys. Your education and your future are on the line if you have been charged with hazing; the LLF Law Firm is here to help!
