Hazing on college campuses continues to draw the attention of not only the schools themselves but also state prosecutors and the federal government. A new federal law, the “Stop Campus Hazing Act,” requires schools to record and publicly report campus hazing incidents, and many states, including Pennsylvania, have enacted laws making hazing a crime. And, of course, almost every school – including the University of Pennsylvania – will discipline students who are found to have hazed other students.
If you've been accused of hazing at the University of Pennsylvania, you need an experienced attorney to protect your rights and defend your future. The school, of course, prohibits hazing involving students, whether it takes place on or off the Penn campus. With its own police department, Penn, together with the Philadelphia Police Department, is able to investigate and arrest students accused of hazing, and the city's District Attorney won't hesitate to prosecute students accused of hazing crimes. If you are facing hazing charges in Philadelphia, the LLF Law Firm's Criminal Defense Team can help. Call us at 888.535.3686 or fill out our contact form, and we'll schedule a confidential consultation so you can tell us about your case and let us tell you how we can help.
Anti-Hazing Laws in Pennsylvania
Pennsylvania has a comprehensive set of anti-hazing laws that make it illegal for individuals, organizations such as fraternities and sororities, and institutions such as schools to commit, permit, or promote hazing. Depending on the severity of the conduct, a hazing conviction can be a summary offense, a third-degree misdemeanor, or a third-degree felony if the hazing results in serious bodily injury or death.
The types of conduct considered to be hazing are defined by the Pennsylvania anti-hazing law. They include causing, coercing, or forcing someone to:
- Violate a state or federal criminal law
- Consume anything that could subject the person to “a risk of emotional or physical harm.”
- “Endure brutality” of a physical, mental, or sexual nature
- Participate in an “activity that creates a reasonable likelihood of bodily injury.”
In addition to the criminal penalties that apply to individuals found to have been involved in hazing activities, Pennsylvania's anti-hazing statute allows organizations and institutions found to have promoted or facilitated hazing to be fined up to $15,000 per violation, depending on the severity of the underlying violation. In addition, both individuals and organizations can be required to forfeit “property which was involved in the violation for which the defendant was convicted.”
One common defense against hazing allegations is that the students who participated in the hazing did so willingly. The argument is that there was nothing stopping the students from walking away from any hazing situation and that they essentially consented to the hazing activity. Pennsylvania's anti-hazing law, however, specifically prohibits this kind of defense. It states that “It shall not be a defense” that the “consent . . . of the student was obtained.” It is also not a defense that the organization or school “sanctioned or approved” the hazing conduct.
Anti-Hazing Policies at Penn
Pennsylvania's anti-hazing law also requires schools in Pennsylvania to have and enforce an anti-hazing policy. The University of Pennsylvania's anti-hazing policy is, according to its own terms, “consistent with the Anti-Hazing law of Pennsylvania.” That said, in addition to the prohibitions listed in the state anti-hazing law, Penn also prohibits
- Willful destruction or removal of private or public property
- Placing a “member or pledge” in a situation where they are in “actual or simulated peril or jeopardy.”
- “Undignified stunts,” whether public or private, including any “ordeal” that is “indecent or shocking to moral or religious scruples or sensibilities.”
- “Kidnaping and paddling”
The school will enforce its anti-hazing policies under its Code of Conduct.
In addition, Penn's anti-hazing policy also states that on top of possible school sanctions, a student or organization accused of hazing may be subject to “criminal liability under Pennsylvania's Anti-Hazing or other laws.”
Hazing at the University of Pennsylvania
Penn has not been immune from hazing violations. Organizations found to have committed hazing have been suspended by the school, and according to Penn's hazing report, since 2021, it has taken actions against at least five student organizations. These include canceling the Penn Sailing Club Team's spring 2021 season, benching upperclassmen members of the school's women's basketball team for four games, requiring the leaders of a sorority to take hazing education, and placing two fraternities on probation for a full year – suspending their social activities and requiring training and education.
The Stop Campus Hazing Act
Hazing continues to be a crime that is defined and punished at the state level. There is no federal law that criminalizes hazing. There is, however, a law that requires schools across the country to have and enforce anti-hazing policies and to publicly report hazing violations.
The Stop Campus Hazing Act was signed into law in December 2024. It provides schools with a broad definition of what the Act says constitutes hazing and requires the schools to publish what it calls a “Campus Transparency Hazing Report.” The report is to be made available to the public on each school's website.
The requirements imposed by the Stop Campus Hazing Act will result in schools being even more focused on enforcing their anti-hazing policies. And because hazing is a crime in Pennsylvania, the increased attention on hazing is likely to result in more criminal prosecutions against students for alleged hazing activities. This is why it's important if you've been accused of hazing at Penn to contact the LLF Law Firm's Criminal Defense Team. Because the school's definition of hazing is so close to the state law's definition of hazing, if you are facing school discipline at Penn for hazing there is a real possibility you may also face criminal prosecution for the same allegations.
Hazing Prosecutions at Penn
Because there is currently no federal anti-hazing law that criminalizes hazing, that means if you are accused of violating Pennsylvania's anti-hazing statute it will take place at the local level. Because Penn is in the heart of Philadelphia, prosecutions will be conducted by the Philadelphia District Attorney's Office. How it gets to that office depends on whether the alleged crimes are reported to Penn's police department or to the city's police department.
Penn maintains its own police force of more than 120 officers. The University of Pennsylvania Police Department coordinates with the Philadelphia Police Department and, within the Penn campus boundaries, is considered the “primary reporting agency” and the “primary uniform response” when it comes to on-campus crimes and crimes committed against Penn students, faculty members, staff, and alumni on campus. That said, Philadelphia police have full authority to arrest anyone for crimes allegedly committed on the University of Pennsylvania's campus.
Defendants arrested by the Penn campus police will be turned over to the Philadelphia Police Department for booking and further processing. The responsibility for investigating crimes is shared between the Penn police and Philadelphia police, depending on the type of crime and whether an arrest has been made.
All of this means that if you've been accused of violating Pennsylvania's anti-hazing criminal statute, you could be arrested by either Penn campus police or the Philadelphia police department. In either case, once arrested, you'll be processed by the Philadelphia police department, and your case will be prosecuted by the Philadelphia District Attorney's Office. If you've been through this it's fair to say you understand how stressful it can be to find yourself in custody. If you haven't been arrested before in Philadelphia, be prepared for a very uncomfortable and very difficult experience. The sooner you have an experienced criminal defense attorney there to help you, the better off you'll be.
The LLF Law Firm is Here to Help Defend You Against Hazing Charges
Don't try to defend yourself if you're facing hazing charges because of alleged misconduct at the University of Pennsylvania. These can be very emotionally charged cases, with multiple witnesses and conflicting accounts of what happened and who was involved. Your best chance of resolving hazing charges in a favorable way is to work with one of the experienced criminal defense attorneys from the LLF Law Firm's Criminal Defense Team.
It is extremely important to understand your rights if you are arrested for any reason, including for violating Pennsylvania's anti-hazing laws. Working with one of the experienced attorneys from the LLF Law Firm's Criminal Defense Team will help ensure that your rights are protected at every step of your case. We will explain what's happening so you understand not only the charges you face but also how the prosecution is likely to unfold. We'll appear with you in court proceedings, work to secure your release after an arrest, be your point of contact with the DA's office, and negotiate to resolve your case as favorably as possible.
In addition, because many of us also represent students facing disciplinary proceedings from their schools, we will keep in mind that steps you take in your criminal case can have an effect on any disciplinary proceedings you might face at Penn.
Call us today at 888.535.3686 or visit our website and fill out our contact form. We'll arrange a confidential consultation with one of our experienced defense attorneys. Tell us about your case, and we'll tell you how we can defend you and help protect your future.
