Hazing continues to draw the attention of not only colleges and universities, but state and federal governments as well. This is certainly the case with West Chester University of Pennsylvania, which bans hazing by students and campus organizations. It is also the case for the Commonwealth of Pennsylvania and, more recently, for the federal government. In fact, West Chester University's Antihazing Policy makes it clear that the school will not hesitate to report students involved in hazing activities to law enforcement. And the federal government's “Stop Campus Hazing Act” focuses schools even more on their efforts to prevent hazing.
All of this means that if you are a student at West Chester University accused of being involved in hazing, you could be facing criminal prosecution in addition to school discipline. When you're in that kind of difficult position, you need the help of an experienced attorney, such as one from the LLF Law Firm's Criminal Defense Team. Call us today at 888.535.3686 or fill out our contact form so we can schedule a confidential consultation with you to learn more about your case – and to tell you how we can defend you against a criminal prosecution that could impact the rest of your life.
Anti-Hazing Laws in Pennsylvania
Pennsylvania's detailed series of anti-hazing laws makes it a crime not only for students but also for organizations such as fraternities, sororities, and other school-related groups to allow, promote, or commit hazing. If you're convicted of a hazing offense, you face serious consequences, including potential jail time, depending on the severity of your case. A hazing offense can range from a summary offense to a third-degree misdemeanor to a third-degree felony. Generally, the more harm that occurs to the victim or the more danger they were in, the higher the penalty you may face.
Pennsylvania's anti-hazing law defines the types of conduct that the law considers to be hazing. Generally, what's prohibited is coercing, causing, or forcing someone to do any of the following:
- Consume any substance that might cause the person to incur “a risk of emotional or physical harm”
- Participate in any kind of “activity that creates a reasonable likelihood of bodily injury”
- “Endure brutality,” particularly brutality that is physical, sexual, or mental in nature
- Violate a criminal law – federal or state
It's not only individuals who can be prosecuted under Pennsylvania's anti-hazing laws. If a campus organization, such as a fraternity or student club, is found to have committed hazing, or if the school has been lax in preventing hazing, the organization or the school, depending on the case, can be fined up to $15,000 per violation. On top of that, individuals and organizations can be required to forfeit property that was “involved in the violation for which the defendant was convicted” – which could include, for example, the defendant's car if the defendant used the car to “kidnap” one or more students as part of a prohibited hazing ritual.
And the fact that the students who were subject to the hazing appeared to have agreed to allow the hazing to take place is specifically not a defense. This was a common argument made against hazing allegations in the past, and it went along the lines of “these students could have walked away at any time, but they chose to stay and participate in the activity.” Pennsylvania's law negates that – it states that “It shall not be a defense” to the hazing allegations that the “consent... of the student was obtained.” In addition, even in the unusual case where the organization officially approved of the hazing activity, that official approval is not a defense if a student or the organization is charged with criminal hazing.
The Federal Stop Campus Hazing Act
While there is not yet a federal law that penalizes hazing like Pennsylvania's anti-hazing laws do, the Stop Campus Hazing Act, signed into law in 2024, does require schools to prepare and publish a “Campus Hazing Transparency Report” that will summarize the school's findings about any student organization that violates the school's anti-hazing policies. The report is required to be available on the school's public website.
The act also defines “hazing” so that schools know what types of conduct must be included in the Campus Hazing Transparency Report. Under federal law, prohibited conduct is committed “in the course of an initiation into, an affiliation with, or the maintenance of membership” in a student organization. It includes in more detail the types of conduct prohibited by Pennsylvania's anti-hazing laws, but generally prohibits conduct that “causes or creates a risk” that is “above the reasonable risk” encountered in connection with being involved in the school or the school activity (such as being a member of a football team). The risk can be of either “physical or psychological injury,” and the act goes on to provide a list of examples of the kinds of behavior that can be considered hazing.
The Stop Campus Hazing Act focuses schools even more intently on enforcing their anti-hazing policies. With hazing being a crime in Pennsylvania, that means that schools are increasingly likely to refer hazing cases to local law enforcement for potential criminal prosecution. If you are a student at West Chester University and have been accused of criminal hazing – or of on-campus hazing – you can help protect your future by contacting the LLF Law Firm's Criminal Defense Team for help. We can review your situation with you and will protect your rights if you do face criminal prosecution for hazing.
Anti-Hazing Polices at West Chester University
As required by Pennsylvania's anti-hazing laws, West Chester University has a detailed hazing policy that it will apply in circumstances where a student alleges they were hazed in connection with a school organization such as a fraternity, sorority, club, or team. The school's definition of what it considers hazing to be closely tracked, almost word-for-word, is the law's definition of what hazing is.
West Chester University's anti-hazing policy also points out that organization leaders are “responsible for informing individuals associated with the organization” about the school's anti-hazing policy. In fact, the school's policy requires the organization leaders to clearly communicate the policy to the organization's members “at the first meeting of the organization each semester” as well as to “new members prior to the commencement of the first new member activity.”
The anti-hazing policy is equally clear: “Reported incidents of hazing will be handled as a criminal investigative priority.” The school will provide West Chester University police or police “with primary jurisdiction” with “priority access to crime scenes, victims, witnesses or items of evidence, etc.” This is in addition to any disciplinary action that the school may take against students accused of hazing. The school's anti-hazing policy goes on to encourage reports of “hazing activity or behavior believed to involve hazing” to be made to the West Chester University Police Department or to local law enforcement, in addition to the school itself. It notes that the school “will immediately notify the WCU Police Department” when the school receives a “notification of an allegation of hazing.”
Hazing Prosecutions at West Chester University
With the school's police department having full authority to make arrests for “any violation of law on campus property,” it is possible that if you are accused of hazing, you may be arrested by campus police. In other cases, criminal investigations of hazing allegations may be handled by investigators from local law enforcement agencies. If you are arrested on hazing or other criminal allegations, your case will likely be prosecuted by the Chester County District Attorney's Office, and you will appear before a judge of the Chester County Court of Common Pleas in West Chester, though preliminary parts of your case are likely to be before a Magisterial District Judge at one of the county's 17 Magisterial District Courts.
Whether arrested by campus police or by local law enforcement, you will end up defending yourself in the same court and facing the same prosecutor. Needless to say, if you're a student facing criminal charges (and possibly school discipline) for hazing allegations, you may feel a considerable amount of stress. In addition to any school sanctions you might face – including suspension or expulsion – you may also face having a criminal record. The best way to help yourself when something like this happens is to get help from an experienced attorney – someone from the LLF Law Firm's Criminal Defense Team.
The LLF Law Firm Will Defend You Against Hazing Charges
One of the worst decisions you can make if you are facing criminal hazing charges is to believe that you don't need a lawyer and are able to defend yourself against them. Even in cases where you are absolutely sure that you are not guilty of what you're accused of, this can be a big mistake. That is because the criminal process is not always fair. Evidence in your favor may be ignored or not discovered by police investigators, and prosecutors may attempt to use questionable evidence and testimony against you, or may try to pressure you into a plea bargain that could seriously damage your future.
When you are facing potentially serious criminal allegations, such as those that relate to hazing, you need an experienced criminal defense attorney by your side. When you work with one of the members of the LLF Law Firm's Criminal Defense Team, you will benefit from your attorney's years of experience with Pennsylvania's criminal laws, procedures, prosecutors, and courts. We will fight to protect your rights from day one, defend you against the allegations you're facing, and help you understand what is happening and what is likely to happen next at each step of the process.
We can also help you protect yourself against efforts by West Chester University to discipline you based on hazing allegations; many of our criminal defense attorneys also represent students facing school disciplinary proceedings. We understand that steps you take in your criminal case may affect the outcome of your school disciplinary proceeding, and vice-versa.
Call the LLF Law Firm's Criminal Defense Team today at 888.535.3686 or fill out our contact form, and we will schedule a confidential consultation to learn more about your case and to tell you how we can help. As a college student, you have your entire career in front of you; let the LLF Law Firm help you protect it.
