Hazing is a dangerous practice that California schools and legislators take seriously. This behavior can have criminal and civil consequences for those caught engaging in or allowing it.
At the Senators Firm, our child bullying and hazing lawyers are dedicated to helping survivors understand their situation and what to expect from the legal proceedings.
What Does California Law Identify as Hazing?
California law defines hazing in Chapter 9.245.6 of the Penal Code. This includes any method of initiation into a student organization or body where serious bodily injury is likely. This is regardless of whether the group is officially recognized by the educational institution. In addition to criminal charges, the section also allows the victim to seek damages in a civil lawsuit.
In practice, this can include initiations that require drugs or alcohol, risky behavior, threats, or sexual behaviors.
Criminal Vs. Civil Penalties for Hazing
California allows consequences in civil and criminal courts. Criminal cases are typically handled by the police and state or county prosecutor, and focus on consequences for the perpetrator. As a victim in a criminal case, you typically have a choice in whether you participate in the investigation, but whether it happens is up to the state.
A civil case is initiated by you, on your behalf. This is meant to help you recover compensation for your losses. These often include things like the cost of medical care from resulting injuries, therapy for emotional distress, and other related costs and damages. A civil case remains in your control in terms of how or whether you pursue it.
In many cases, you may be able to pursue a civil case against the educational institution that allowed the hazing to continue, whether it knowingly ignored reports or indicators, or was otherwise negligent in taking reasonable precautions to prevent the occurrence.
Academic Penalties
For those caught engaging in hazing, there are often academic consequences, including expulsion.
Your Options as a Hazing Survivor
If you were subjected to hazing, you have a few options if you want to pursue justice. One of the first steps we are likely to advise is reporting the incident to your educational institution and giving them the chance to take appropriate action.
You may choose to report the incidents to the police yourself if you would like to press charges or pursue criminal prosecution. You can also contact an attorney to explore your options in civil court.
Stay Aware of Time Limits
It can be difficult to decide whether to come forward with your hazing experience, especially if it was sexual in nature. You should be allowed to take the time you need to figure out how you want to proceed, but it is critical to stay aware of the time limits, so the choice is not taken from you.
You should review your school policy for any timelines they may have to report, and the state of California often allows 2-3 years to file a lawsuit, though this may be more or less depending on the specifics of your situation. The best way to know for sure is to contact an attorney.
You can call the team at the Senator’s Firm and schedule a free case consultation to discuss your situation and figure out your next move.