Fraternity hazing can be a violent and sometimes deadly activity. As the problem has grown more serious, states (including Pennsylvania) have enacted specific laws to address hazing. Last fall, two former Pennsylvania State University (PSU) students pled guilty to 14 counts of hazing as well as reckless endangerment in the alcohol-related death of a fraternity pledge in 2017.
Parents of college students often fear that their child will become the victim of hazing if they join a fraternity, sports team, club or other organization with “rituals” for new members. That’s a valid concern.
It’s easy to get caught up in a hazing event
However, it’s important to help your child avoid becoming a perpetrator in a hazing event. This could, as we’ve seen, lead to criminal charges (possibly felony hazing charges if someone is seriously injured or killed).
That can be easier said than done. Often, dangerous hazing events are led by only a few people, while others are largely bystanders. It can be difficult for police to determine, at least at first, who actually engaged in criminal activity. Surveillance cameras and cellphone footage often help sort out conflicting accounts.
Too many hazing deaths, like the one noted above, result from someone being forced or bullied into consuming a dangerous amount of alcohol and then falling down stairs or otherwise seriously injuring themselves because no one got help for them.
How the law’s “safe harbor” provision can protect people from hazing charges
Pennsylvania’s anti-hazing law includes a “safe harbor” provision. It gives anyone who seeks emergency medical aid for a hazing victim immunity from hazing-related offenses.
This can include actions like calling 911 or alerting campus police or other emergency personnel if they have a reasonable belief that someone is “in need of immediate medical attention to prevent death or serious bodily injury.” The victim also qualifies for “derivative immunity” from being charged with things like underage alcohol use.
To receive immunity for seeking emergency help, a person must provide their real name to authorities and remain with the victim until first responders arrive and “the need for the individual’s presence had ended.”
The law doesn’t guarantee that someone won’t be arrested even if they do the right thing. These scenes can be chaotic, with a lot for the police to sort out. However, students and parents need to know the law and understand the importance and benefits of simply doing the right thing. Getting legal guidance as soon as possible will help students protect and assert those rights.