Hazing Is a Crime

 Posted on July 27,2015 in Criminal Defense

Hazing used to be a regular part of high school and college life, but now it is often considered a criminal offense. As a result of hazing going too far at multiple institutions and students being seriously hurt or even killed, a once normal right of passage is now forbidden by schools and universities. Engaging in some types of hazing can lead to a student being in serious trouble, not just with his or her school, but with the law as well.

The Law against Hazing

Illinois statute forbids certain kinds of hazing. Legally speaking, a person commits hazing when he or she requires the commitment of any act by a student or other person in a school for the purpose of induction into any group connected with the institution if two specific requirements are met. First, the act must not be sanctioned or authorized by the educational institution. Second, the act must result in bodily harm to any person. As such, harmless traditional types of hazing may not result in legal action, although they may still be against school policy and result in suspension or even expulsion under some school rules. However, any type of hazing that could result in someone getting hurt, including alcohol-related hazing, could result in criminal charges. Usually hazing is a misdemeanor, but if it results in death or great bodily harm, the charge can be a felony.

Failure to Report Hazing

Failure to report hazing is also a crime in Illinois. Schools cannot protect their students from being prosecuted under the hazing law. A school official can actually be charged with the crime of “failure to report hazing” when he or she does the following:

1. While fulfilling his or her official responsibilities as a school official he or she observes an act that is not sanctioned by the school;
2. The act results in physical harm to a person; and
3. The school official fails to report the act to supervising educational authorities or, in the case of death or great bodily harm, law enforcement.

Violation of this law is a misdemeanor.

Call the Law Offices of Christopher M. Cosley

If you or your child has been charged with a crime or is being investigated you will need the assistance of an experienced Rolling Meadows criminal defense attorney like Christopher M. Cosley. Call us today at 847-253-3100. Neither you nor your child should ever speak to law enforcement without having an attorney present. It does not matter whether you or your child is guilty. If it is your child who is being investigated you may have questions for him or her, but demanding answers could result in your being forced to testify against your own child, so do not push him or her to answer your questions. Contact us instead.