ACKNOWLEDGEMENTS


This project would not be possible without the assistance of the professionals who generously shared their time with me over the past two months. It is because of the generosity of those I contacted that made this project a success. I especially would like to thank Hank Nuwer, Karen Savoy, Patrick Cane, Senator Butch Gautreaux, Norm Pollard, Walter Kimbrough, Dr. Elizabeth Allen, Dr. Brian Crow, and Judge Mitch Crane for their time.



“Despite the National Pan-Hellenic Council’s 1990 ban on hazing” there is still a problem with hazing in greek organizations.* Students are subjecting themselves to hazing rituals which in turn could lead to severe mental and physical damage. Students are risking their lives to fit in with a group of people they consider friends. These acts are occurring not only within greek organizations, but also clubs, bands, and athletics. There is a need for more structured laws or prevention programs to put an end to hazing.

This paper includes a brief description on the background of hazing, the laws on hazing, and the impact of the laws on students. In the analysis, I will investigate how laws have now been implemented in the 44 states, the level at which laws on hazing issues should be enacted, and the effectiveness of the laws in place. This paper will also investigate the amount of influence the laws have with students as well as a comparison of hazing policies within institutions in the respective states. I will conclude this paper with a few recommendations to promote hazing awareness based upon my analysis. The primary method for my analysis was through key informant interviews with persons I consider hazing experts.

I feel as though it is very important to get the word out about hazing and the consequences that come with this ritual. There have been numerous deaths as a result of hazing. Two separate incidents over the past two years include Gordon Bailey and Walter Dean Jennings. While on an outing with Chi Psi fraternity at University of Colorado, Bailey consumed a large amount of alcohol which lead to his death. Walter Dean Jennings of Plattsburgh State was forced to drink large amounts of water which caused his brain to swell and die. I hope this paper will be able to educate students, coaches, teachers, and society about the dangers of hazing.

*Morgan, Joan. Black Issues in Higher Education, The Broken Pledges of Greek Life

BACKGROUND


A summary of the state hazing laws can be found in chart one. The problem with hazing laws is that they are often overlooked. Many of the mentor figures in our institutions are either not aware of the laws against hazing or understand that hazing is an unacceptable behavior. In October of 2003 in Port Washington, Wisconsin, a cheerleading coach witnessed cheerleaders being pulled into a van and driven away. She saw the cheerleaders being taken against their will, but she decided not to contact police. In fact, the coach did not contact the police until an angry father approached the coach after hearing what had happened to his daughter. Even then, her claim to the police was against the father’s behavior towards her rather than the actions the students had taken towards the cheerleaders. According to reporter Mike Johnson “she did tell police she ‘had concerns about what they may have done to her,’ the report says. She said that none of them knew her as the coach and might have thought she was a student.*" Her fear allowed the students to continue on with this type of behavior. I do not believe that she understands that there are laws against hazing and that in some states it would be illegal not to report the incident.

In Hollmann’s article, she warns readers about the number of hazing acts occurring within greek organizations which are not reported. Hollmann states, “ a medium-size public university in the Northeast found that 30 percent of the participants had experienced at least one form of victimization during the academic year, yet less than 10 percent had reported the incident to either the university police or housing and residence life officials.**” Not only is this happening in Greek organizations but also many other organizations accepting new members. Students are reluctant to step forward and report what is happening within the organization that they are trying so hard to become a part. They know if they are caught, they will become prime targets of harassment. Some of the students who do step forward are so ostracized that they end up dropping out of school or even transferring.

It is important for both students and coaches/mentors to report hazing rituals. By doing this, we can determine the needs for ending hazing all together. It will help us answer our questions of who, what, when, where, and why of hazing. This will give us the edge we need when we come together to educate others about the consequences hazing.

*http://www.jsonline.com/news/OzWash/oct03/177529.asp

**Hollmann, Barbara. New Directions for Student Services, Hazing: Hidden Campus Crime


ANALYSIS


Proposition #1: Most state anti-hazing laws were put into place in response to heavily publicized hazing incidents that resulted in either injury or death. Many were reactionary measures as a result of campaigning by a small group or even one individual.

The state laws that are in place today are a result of passionate lobbyist who have taken time away from their everyday lives to make a difference in their state of residency. The stories below explain specific instances, which led to New York, Louisiana, and Michigan putting a law in place.

In 1978, Chuck Stenzel pledged a fraternity at Alfred University in New York. Chuck’s fraternity brothers kidnapped him from his dorm room, locked him into the trunk of a car during a cold winter night, and forced him to consume a large amount of alcohol. Unfortunately, Chuck did not survive this hazing ritual. His mother, Eileen Stevens utilized this horrible incident to lobby towards putting a law in place to help end hazing all together in New York. With her perseverance and immense dedication, New York was the first state to pass their anti-hazing law. In the article Senate Passes Hazing Legislation, Senator Trunzo says "I sponsored New York state's first anti-hazing law, in response to a college fraternity hazing incident” which involved an alcohol related constituent. This new bill will provide further protections for hazing by increasing penalties for all types of dangerous hazing incidents.*"

Louisiana already had a hazing law in place, but because of the efforts of Karen Savoy, another bill is in the process of passing which will make the law even stronger and relevant to more than just fraternity organizations. Karen’s son, Jake, was a victim of a football hazing incident at St. Amant High School in Louisiana. His teammates tied him to a locker room bench with athletic tape and hit him repeatedly on his buttocks using their bare hands and inanimate objects until he bled. When his mother, Karen, learned of what happened, she quickly researched the Louisiana law on hazing and approached the school board and an attorney. Karen was told to approach the attorney general with a list of what she wanted implemented in the new hazing bill and consult the state senator representing her district. She quickly came to realize that the area where she lived did not have a senator in term. She obtained email addresses for 33 of the Louisiana senators and 109 representatives. She emailed them all and told her story and Senator Butch Gautreaux responded and offered his help in the situation. It is rare that someone outside ones district would be willing to help, but Gautreaux had his reasons. He was once a perpetrator of hazing and is aware of his wrong doings. He believed that if he helped Karen, it would help deter other students from committing the same acts in the future. With the help of Butch Gautreaux and the determination of Karen Savoy the bill went in front of the Education Committee and was passed in March during the following session.

Garrett Drogosch of Mead Mills Middle Schoolin Michigan was a victim of “8th grade hit day.” The 7th grade students were lined up at the end of their last football practice and were to stand still while the 8th graders had a chance to run at them full speed and tackle them. Drogosch suffered broken bones in his leg which forced him to have 3 operations and a few months spent in a wheel chair. To aid in the passing of the anti-hazing law in Michigan, Drogosch stood before the Senate Judiciary Committee and pleaded his case. In August of 2004, the law was passed and Michigan became the 44th state to pass a law to ban hazing.

Each state has its own story behind the passing of its hazing laws but nothing would have happened unless someone stepped forward with a story of their own and had the determination these three families possess. In each of these incidents, the families of the individuals, and in some cases, the actual individuals who were hazed had to go through a grueling process in order to get deliverance.

*http://www.senatortrunzo.com/press_archive_story.asp?id=7877

Proposition #2: Laws directed at hazing issues are more appropriate at a state level then at the federal level. Some experts consider it of little significance that six states still lack anti-hazing laws.

Just as each state has its own story on the development of anti-hazing legislation, each state has a different way in which they seek to fight hazing. According to hazing experts, hazing is a problem that needs to be dealt with at the state level. It is more effective for each state to establish its own punishments and find the best approach towards the problem. Therefore, each state can assess individual situations and define its state law so it will reflect the particular priorities of the state. Since law enforcement is handled primarily at a state and local level, there is a general belief in the anti-hazing community that the laws should be tailored to the legal and social circumstances that are most relevant in the state

Six states are currently without a hazing law: Alaska, Hawaii, Montana, Wyoming, South Dakota, and New Mexico. The absence of the legislation in these states may be attributable to the fact that they have not experienced any cases of death or major injury as a result of hazing in recent years. Some of these states are more rural in character with comparatively fewer institutions of higher education. Related to this, the number of Greek organizations may be comparatively few, as is the case in Hawaii and Alaska. If laws were passed in these states, enforcement might be less vigorous due to public sentiment against heightened government regulation.

Proposition #3: There is a widespread emotion among anti-hazing advocates that the existing laws are either too weak to be effective or are routinely overlooked. Simply passing a state law is not enough to significantly reduce the incidences of hazing.

After reviewing many of the laws on hazing, it is evident that some laws are more strict than others. In addition, some laws pertain only to certain types of schools or institutions.

Louisiana now has two laws in place. The initial law focused only on fraternal organizations. It establishes that the perpetrator of hazing will be fined “not less than ten dollars nor more than one hundred dollars, or imprisoned for not less than ten days nor more than thirty days, or both, and in addition, shall be expelled from the educational institution and not permitted to return during the current session or term in which the violation occurs.*” The second and most recent bill that is waiting for a signature from the governor of Louisiana, pertains to every public, elementary and secondary school. It does not include private institutions since their support does not come from public funds. This means that if a hazing incident were to occur at a private institution in Louisiana, the students might not face the same repercussions.

New York’s hazing law has two degrees of violations; one is a misdemeanor and the other is a violation, depending on the number of students involved and the severity of the injuries. In New York, it does not matter if the victim agreed to participate or not, it is still considered hazing.

The state of Michigan passed its law in August 2004 and that bill applies to all levels of education and to both public and private schools. Its sanctions include large fines and imprisonment, depending on the type of violation.

The above laws may seem very strong in written form, but there is a strong sense among experts that the laws tend to be overlooked and tend not to affect the dynamics of individual or group behavior due to a woeful lack of enforcement. The laws are there primarily to protect the innocent and to help “remove the burden of proof from the victim” when a hazing incident occurs.**

Experts believe hazing laws have done little to deter students from participating in hazing rituals. Some assert that the hazing laws in place as of today are more for the innocent rather than the guilty. The victims can utilize the state law to help during their prosecution in court. Because these laws are not as effective a they should be, experts believe the responsibility of preventing hazing should be by the school or campus policies. The enforcement of policies by institutions will make the ultimate difference. Norm Pollard of Alfred University, would guess that not every institution in the United States has a hazing policy in place. With the thought that institutions should be the ones enforcing these policies, it is frightening to think about the institutions that may not have a policy in place.

In some cases, the persons supervising or even catching the students in hazing rituals do not understand the significance of these transgressions or that there are laws that explicitly forbid this type of behavior. These problems suggest that legislative efforts to combat hazing must be accompanied by education and training for students, teachers, and others who come in contact with our children and young adults in situations where there may be a tendency to practice hazing.

*http://www.stophazing.org/laws/la_law%20.htm

**Patrick Kane, Director of Communications for Senator’s office


Proposition # 4: There appears to be a wide gap between the beliefs of students about the appropriateness of hazing and the status of state laws banning the practice. Information about the potential consequences tends not to reach those who have the most to lose from a conviction.

In November 2004, Purdue hosted the First National Hazing Symposium and part of the presentation included a student’s perspective. There were four individuals at the head of the room, each with a different story. Three out of the four had been hazed and the severity ranged within the group. One of the men talked about how hazing was something that really brought himself closer with his fellow pledge brothers. They were able to come together as “one” knowing they were all going through the same gruesome process. At the time, he felt these rituals were helping him and his pledge brothers become confidants for one another. Eventually it will be someone they will be able to consider their “brother.” As he told his stories and looks back, he understands the severity of what he went through. He mentioned his trouble to this day talking or even seeing some of the men who put him through his hazing process. When people have the chance to look back at hazing incidents, they can honestly reflect on the ritual and see the repercussions. There is such a sense of wanting to belong during the time of hazing that they only want to see the act as part of an initiation process, rather than realizing the physical and emotional abuse they are putting themselves through.

Young adults have this feeling of being immortal. They do not realize the consequences of participating in hazing. They do not understand that making someone drink large amounts of alcohol can lead to death; they do not realize that driving new members out in the woods and forcing them to find their way home in the freezing snow without shoes can lead to loosing a limb due to frostbite. It is this feeling of immortality that contributes to students overlooking the laws and potential convictions that follow this behavior.

Proposition #5: Many schools and organizations around the country have anti-hazing policies that are more stringent and vigorously enforced than the state laws. These laws are particularly important in the states without hazing laws.

In states that do not have laws, the majority of the institutions of higher education apparently have a policy in place that at least mentions that hazing is prohibited. Nevertheless, the anti hazing policy is somewhat hidden within policies such as harassment. Many of these schools do list their sanctions if a student were to violate the policy. At Dakota Wesleyan University in South Dakota, for example, its policy defining hazing mentions that incidents are reviewed through a judicial process that can result in a student’s dismissal. University of Hawaii was the only school I identified that has an explicit policy against hazing. In New Mexico and Alaska, few if any schools, have an explicit anti-hazing policy in place.

My research also considered schools in the states that have a law in place. At Marquette University in Milwaukee, Wisconsin, the only policies against hazing are for organizations with Greek affiliations or for the aerospace curriculum. Schools in Washington however, all had a very strict policy against hazing, had sanctions listed, and even the possibility to revoke scholarships, financial aid, and grants.

North American Interfraternity Conference (NIC) encompasses 64 organizations with more than 5000 chapters on 800 campuses. This umbrella organization has a resolution against hazing that each fraternity is expected to adopt. It covers fraternities within states without hazing laws. Similarly, National Pan-Hellenic Council, (NPHC), the governing body for nine historically African American fraternities and sororities, and National Panhellenic Council (NPC) strictly prohibit hazing and requires its members to adopt this policy.


RECOMMENDATIONS


I feel as though society is at the beginning stages in its fight against hazing. Over the past 30 years, there have been more actions taken against hazing rituals, including new state laws being passed each year. As a result of the research over the past three months, I strongly believe in order to put an end to hazing, we need to educate not only ourselves, but students, mentors, coaches, and all others who are in contact with our young adults. There are many people who do not know what is deemed as hazing.

To educate others, I think it would be best to enforce workshops during first year and transfer student orientations. During this time, schools can educate students about the consequences of hazing, warn them of the sanctions, and inform students of ways to conduct leadership trainings. The umbrella associations of the Greek organizations could make it a point to have a representative visit each campus to educate about the dangers of hazing much like they do about alcohol awareness programs. If anything, the district advisors could enforce an annual meeting in which all of the fraternities and sororities must participate.

Along the same lines, there needs to be an educational training for new employees at primary, secondary, and institutions of higher education. These trainings will clarify the meaning of hazing and educate them on what constitutes hazing. They will then be the ones responsible for communicating this information to their students. Help the younger students understand the severity of hazing and who they can talk to if they witness or are even forced to participate in a hazing ritual. Because hazing is such a part of a culture, it is best to start educating younger populations about hazing so they can be the ones to change this culture.

The laws on hazing for each state are different from one another with regards to what they consider hazing and how the perpetrators are sanctioned. Even though each state may need to alter its consequences of breaking the law to serve the population, I believe there should be some basic definitions that each state must adopt. For instance, hazing in one state might not be hazing within another state. I think that the definition of hazing for each state should be exactly the same. The way I think of it, hazing is hazing, no matter which state you are in; therefore, the definitions need to be identical.

There have also been recent talks about amending the Higher Education Act of 1965 to incorporate a clause about hazing. What they are proposing is that federal funds be withheld from students who participate in hazing. Some experts are against this bill because they do not want to ultimately remove students from getting an education. Education is the place where we can teach students about the dangers of hazing to help prevent it from occurring in the future. The good that I see from this bill is that it defines hazing.

During the hazing symposium there was talk about the National Hazing Prevention Week. I think that this a great start for people to get involved and to really be able to reach out to the students and to educate learning institutions. I understand that the media can sometimes give a bad representation of the situations at hand, but I believe that the proper usage of the media can help make a difference. If this organization advertises effectively, they will be able to educate so many young adults. For instance, to help promote the prevention week, they could look into taking out an advertisement page in US Weekly or People magazine, which are frequently read by young adults. The ad can indicate steps students should take to involve themselves in their school’s fight against hazing rituals.

Lastly, another media tool to utilize is the web. So many people surf the web daily either for pleasure or for business. It would be valuable if there were a web campaign to entice people to be involved with hazing prevention. This website can list prevention awareness programs that are available, links to other hazing related sites, and a general list of what constitutes hazing. It would be wonderful if many of the institutions around the country would publicize this site on their own homepage to help educate its own students about hazing.

I believe that we are on the road to recovery with hazing. There are many people in the United States who understand the severity of hazing and the consequences that can follow. With the accomplishment of the First National Hazing Symposium and National Hazing Prevention Week approaching next year, I think that anti-hazing activists are off to a great start. The awareness over the next few years can only become more significant and hopefully the deaths due to hazing will diminish over time.


Do not forget….National Hazing Prevention Week is September 26-30, 2005.


INTERVIEW CONTACT LIST


(in alphabetical order)

Name Affiliation Date

1. Elizabeth Allan Co-Founder and manager 10/15/2004
of www.StopHazing.org

2. Judge Mitch Crane Municipal Judge & Risk 10/13/2004
Management Speaker
for Campuspeak

3. Dr. Brian Crow Associate Professor at 10/13/2004
Slippery Rock University &
holds anti-hazing workshops
mainly for athletes

4. Sen. Butch Gautreaux Louisiana Senator 10/15/2004

5. Patrick Kane Director of Communications 10/2004
for Michigan Senate Office

6. Walter Kimbrough VP Student Affairs at Albany 10/13/2004
State University

7. Hank Nuwer Author and hazing expert via email

8. Norm Pollard Dir. of Counseling & Student 10/2004
Development at Alfred University

9. Karen Savoy Founder of MASH, Inc. 10/14/2004
Mothers Against School Hazing
and Lobbyist in Louisiana


REFERENCES


Hollmann, Barbara. New Directions for Student Services, Hazing: Hidden Campus Crime. Fall 2002, no. 99, p 11, 8p.

Johnson, Mike. Milwaukee Journal Sentinel Online, Coach didn't call police over hazing. October 16, 2003. http://www.jsonline.com/news/ozwash/oct03/177529.asp

MacLachlan, Jenna. Journal of College and University Law, Dangerous Traditions: Hazing Rituals on Campus and University Liability. Winter 2000, 1-39p.

Morgan, Joan. Black Issues in Higher Education, The Broken Pledges of Greek Life. October 29, 1998, Vol. 15, Issue 18, p18, 2p.

Nuwer, Hank. Chronicle of Higher Education, Greek Letters Don’t Justify Cult-Like Hazing of Pledges. November 26, 1999. Vol. 46, Issue 14, 4p.

Schrader, Jessica. Michigan Considers Anti-Haze Legislation. October 22, 2003. www.easternecho.com

Trunzo, Caesar. Senate Passes Hazing Legislation. February 6, 2004. http://www.senatortrunzo.com/press_archive_story.asp?id=7877

www.mashinc.org

www.nicindy.og

www.npcwomen.org

www.nphchq.org

www.stophazing.org



State Penalty Failure to Report Consent Not A Defense Statute Not Criminal Loss of Funding Felony for Extreme Cases Comment

AL X X
AZ X
AR X Individual Expulsion #1
CA
CO
CT X Loss of Recognition #2
FL Leg. Pending #3
GA Physical Injury Only #4
ID
IL Death Bodily Injury Only #4
IN X
IA
KS
KY X #5 Physical Harm Only #4
LA State Institutions Only #5
ME X #7 College-Fraternal Orgs. Only Elem & Secondary Schools #6
MD X X Insitutional POLICY only #7
MA Physical Injury Only #4
MI X X
MN X #8
MO X X
NE
NV X Physical Harm Only #4
NH X X
NJ Physical Injury Only #4
NY Physical Injury Only #4
NC Individual Expulsion #1
ND
OH X X
OK X
OR
PA
RI
SC X State Institutions Only #9
TN
TX X X
UT X Professionals Must Report #10
VT X X #11
WA X
WV X
WI X X Physical Harm Only #4


Comment Notes:Michigan Law adopted August, 2004A person’s consent to hazing is not a defense in those states so indicated.#1-In Arizona and North Carolina, individuals guilty of hazing can be expelled by the institution.#2-In Connecticut organizations guilty of hazing can lose recognition on campus.#3-The Florida law is being revised at this time.#4-In these eight states hazing is criminal only if there is physical injury or harm#5-The Kentucky law is not criminal, but administrative law and applies only to state institutions.#6-The Louisiana law as written applies only to fraternal organizations in colleges and universities. The August 2004 amendments also criminalize hazing in elementary and secondary schools.#7-The Maine law is not criminal in nature, but is institutional policy only.#8-The Minnesota law is not criminal in nature but prohibits hazing in public institutions.#9-The South Carolina law applies only to state institutions.#10-The Utah law requires those in professional positions to report hazing allegations.#11-Vermont law is civil in nature but allows fines for violations.No anti-hazing laws exist in Montana, Wyoming, New Mexico, South Dakota, Alaska, and HawaiiChart prepared by: Judge Mitch Crane as of October 14, 2004. Not to be reprinted without permission.