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Hazing

Hazing generally refers to any activity expected of someone joining or participating in a group that humiliates, degrades, abuses, or endangers them, regardless of the person’s willingness to participate. It is often associated with initiation rituals in various groups, such as fraternities, sororities, sports teams, or other organizations.

Hazing is defined under Texas Education Code Section 37.151(f).
In the following article, we’ll explore some definitions, punishments and the different types of hazing in Texas Code.

Travis County Hazing Attorney

If you or your child are facing charges of hazing in Travis County, you can have an experienced lawyer on your side. Kevin Bennett can represent you in both the criminal charges and in any emergency protective order hearings that may stem from the accusations.

Kevin Bennett maintains open communication with all of his clients about the matters facing them, and he aims to help them understand what is happening during dark and frightening times.

Kevin Bennett represents people throughout Travis County, including in Austin, Pflugerville, Lago Vista and Lakeway.

Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a consultation.

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Hazing Defined

Hazing, or the practice of requiring an initiate to perform some act in order to join a group or organization, has a specific legal definition under Texas education law. Hazing typically refers to activity that requires humiliation, degradation or otherwise abuses or endangers the initiate.

In movies, hazing is often depicted as a fun if somewhat uncomfortable activity; in real life however, hazing can be extremely dangerous and often leads to serious injury such as alcohol poisoning or even death.

Hazing is separated into personal and organizational hazing offenses.

Personal Hazing

A person commits the crime of personal hazing when they:

  • Engage in hazing
  • Solicit, encourage, aid or attempt to aid another person in engaging in hazing.
  • Recklessly permits hazing to occur or
  • Has firsthand knowledge that hazing will or has occurred and fails to report it to the appropriate authorities

Hazing does not have a specific penal classification. Instead, the following circumstances dictate the quality of the crime:

  • Failing to report hazing: Class B Misdemeanor
  • No serious bodily injury: Class B Misdemeanor
  • Serious bodily injury: Class A Misdemeanor
  • Death: State jail felony

Organization Hazing

Any organization that condones, permits or encourages hazing, or which has an officer or alumni who commits or assists in the commission of a hazing is eligible for punishment under Texas law.

Organization hazing is an unclassified misdemeanor offense.

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Penalties for Hazing in Texas

The following table is a schedule of misdemeanor and felony offenses associated with hazing and their penalties.

General Hazing Class B Misdemeanor
  • Imprisonment of up to 6 months
  • Fine of up to $2,000
Failing to Report Hazing Class B Misdemeanor
  • Imprisonment of up to 6 months
  • Fine of up to $2,000
Hazing Causing Serious Bodily Injury Class A Misdemeanor
  • Imprisonment of up to 1 year
  • Fine of up to $4,000
Hazing Causing Death State Jail Felony
  • Imprisonment of 6 months to 2 years
  • A fine of up to $10,000
Organization Hazing Unclassified Misdemeanor
  • Fine of $5,000 to $10,000
  • $5,000 to double the cost of amount lost or expenses as a result of the hazing

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Defenses for Hazing

The following are some common defenses for hazing.
Lack of Intent or Knowledge: If the accused can demonstrate that they were not aware that their actions constituted hazing or that they did not intend to engage in hazing, it might be used as a defense. In some cases, charges may be brought upon all members of an organization. If you did not participate and had no knowledge of the hazing, your lawyer can use this as a defense.

Institutional Responsibility: Some may argue that the institution (such as a school, fraternity, or organization) bears responsibility for the alleged hazing and that the accused were following established practices or traditions.

First Amendment Rights: In some cases, your attorney may attempt to argue that your actions were protected under the First Amendment as free speech or expression. This defense relies on proving whether or not the hazing goes beyond what may be reasonably expected of a person or defies social norms.

Consent is not a defense

One defense that is not acceptable is consent, under state code 37.154. Regardless of whether or not a person consented to the hazing, members of a group that allow the actions to happen or encourage its use may still be held liable.

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Additional Resources

UT Anti-Hazing Initiative – Most state universities have a department dedicated to detecting and preventing hazing on campus. The University of Texas provides an outreach initiative, safety education and other resources related to hazing.

Stop Hazing – Stop Hazing is an organization dedicated to preventing hazing in the Texas education system. The attached link is a resource infographic for spotting the signs of hazing in teenagers, college students and children.

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Hire a Hazing Defense Attorney in Travis County

Kevin Bennett represents people throughout Travis County, including in Austin, Pflugerville, Lago Vista and Lakeway.

Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a consultation.

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