Students attending college in Pennsylvania may already have been alerted by their schools to the consequences that can follow if they are involved in any kind of hazing activities. Whether you're enrolled at one of Penn State's more than two dozen campuses or another school such as the University of Pittsburgh, Temple University, the University of Pennsylvania, Drexel University, Carnegie Mellon University, or any of the more than 150 colleges or universities in the state, your school has an anti-hazing policy that it enforces on campus. In addition, and equally important, is the fact that hazing is a crime in Pennsylvania, and students accused of hazing can face criminal penalties in addition to being disciplined by their schools.
The LLF Law Firm's Criminal Defense Team has a detailed understanding of Pennsylvania's anti-hazing criminal laws and is ready to defend you and protect your rights if you've been accused of hazing. Call us at 888.535.3686 or fill out our contact form and we will be in touch to schedule a confidential consultation with one of our experienced criminal defense attorneys.
Pennsylvania's Anti-Hazing Statute
Pennsylvania prohibits hazing and has enacted statutes that punish hazing at both the individual and organizational level. That means that when hazing occurs on campus, it's not only the students who engage in hazing that can be punished; the organization that's behind their hazing efforts can also be sanctioned.
Student Penalties for Hazing
Pennsylvania law defines hazing as follows: Intentionally, knowingly, or recklessly causing, coercing, or forcing a student to do any of the following:
- Violate a Federal or State law
- Consume anything that could subject the student to emotional or physical harm
- Endure physical, mental, or sexual brutality
- Endure any activity that “creates a reasonable likelihood of bodily injury”
all in connection with initiating, admitting, or affiliating a student with an organization or continuing their existing participation in the organization.
When the hazing does not result in or create a reasonable likelihood of bodily injury to the student, it is a summary offense, the lowest level of crime in Pennsylvania. When the hazing does create the risk of bodily injury, it can be charged as a third-degree misdemeanor and the student can be sentenced to up to a year in jail and have to pay a fine of up to $2500.
If the hazing causes serious bodily injury or death, or if the student accused of hazing acted with “reckless indifference to the health and safety” of the victim, it is considered aggravated hazing, a third-degree felony. An aggravated hazing conviction can lead to a sentence of up to 7 years in jail and a fine of up to $15,000.
Organizational and Institutional Penalties for Hazing
Pennsylvania also prohibits organizations – which can include not only fraternities and sororities, but also clubs, societies, service groups, or similar types of groups whose members are “primarily minors, students or alumni” – from promoting or facilitating hazing. An organization that “intentionally, knowingly or recklessly promotes or facilitates” hazing can be fined up to $5000 for each hazing violation, and up to $15,000 for each aggravated hazing violation. A judge can also require the organization to provide “other relief as the court deems equitable.” A school that allows hazing to occur can face similar financial penalties.
Anti-Hazing Policies Required
Pennsylvania also requires colleges and universities to adopt written anti-hazing policies, including rules prohibiting students and other affiliated with an organization from engaging in hazing. Students must be informed of the school's anti-hazing policy and rules and how the school will enforce the policy.
Hazing is also prohibited by federal law. The Stop Campus Hazing Act requires colleges and universities to prohibit hazing on campus. Schools must publicly disclose hazing incidents and are required to publish a “Campus Transparency Hazing Report” on the school's website.
Investigating Hazing on Pennsylvania Campuses
With both the state and federal governments requiring schools to take action against hazing, it's extremely likely that students who engage in hazing activity will face both school discipline and criminal charges. Schools want to be able to show that they take their anti-hazing obligations seriously, which means not only disciplining students who haze other students but also referring those cases to local law enforcement.
Many Pennsylvania schools have their own police departments, whose officers have the same authority on campus as municipal police do in their town. Schools such as Lehigh University, the University of Pennsylvania, the University of Scranton, and most of the Penn State campuses have their own police force. Schools that don't have a formal police force have public safety officers.
School security personnel – whether considered police or public safety – typically work closely with local law enforcement to investigate and prosecute crimes that occur on campus or that involve students. Notably, Pennsylvania requires schools to prohibit hazing on and off campus, so that moving a hazing ritual to an off-campus location will not prevent discipline from the school – or prosecution by local authorities.
Defending Against Hazing Allegations
The LLF Law Firm's Criminal Defense Team has years of experience defending students and others against criminal charges in courts all across Pennsylvania. When it comes to hazing, many of our attorneys also defend students accused of misconduct by their schools. When it comes to hazing allegations, we know that the accused students may face two sets of challenges – one, defending against their school's disciplinary procedures, and two, defending against criminal charges based on the same hazing allegations.
The challenges come from the fact that statements you make, agreements you reach, and positions you take in one case can have an effect on how the other case resolves itself. For example, while it might seem convenient to admit to hazing activity in your school disciplinary case in exchange for receiving a written reprimand rather than a suspension, that admission may end up being used against you by local prosecutors if they decide to charge you with criminal hazing. When you work with one of the LLF Law Firm's experienced criminal defense attorneys, we will keep both of these situations in mind when defending you against your criminal charges.
The LLF Law Firm Can Defend You Against Hazing Charges in Pennsylvania
If you are a student facing criminal hazing charges in Pennsylvania, the LLF Law Firm can help. Our experienced attorneys regularly represent students and others accused of all levels of crime in courts all across Pennsylvania. We understand the laws, the rules, and the court procedures that apply in criminal cases and know how to effectively defend our clients against the charges they face. When it comes to hazing allegations, we will also keep in mind the fact that you may be facing school disciplinary proceedings in addition to criminal charges and will work to strike a balance that will protect your rights and maintain a strong defense in both of your cases.
Call the LLF Law Firm's Criminal Defense Team today if you've been accused of hazing in Pennsylvania. We can be reached at 888.535.3686 or through our website contact form. Tell us about your case, and let us tell you about how we can defend you and protect your future.
