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| (image courtesy of www.rmfeducation.org) |
HAZING LAWS IN ITHACA, NY
TODAY WE ARE GONNA TALK ABOUT HAZING... A POPULAR TOPIC IN A COLLEGE TOWN SUCH AS ITHACA.
There are laws in New York
specifically designed to combat Hazing practices. Typically, these laws are used against high
school and college students for initiation rituals and abuse. Cornell University has an unfortunate history
of hazing in its fraternities and several frat brothers have been charged with
these crimes in the past several years. In my time at Ithaca
College back in 2004, I was aware of some minor hazing on some of IC’s sports teams. Fortunately, nobody was hurt at the time.
Usually, hazing involves some kind of pressured drinking situation in college --but it can mean pretty much anything that has the potential to hurt somebody.
There are 2 laws that are written to combat HAZING:
Hazing in the 2nd
degree (Penal
Law, s. 120.17)
Under our law, a person is guilty of
Hazing in the Second Degree when, in the course of another person's initiation
or affiliation with any organization, he or she intentionally or recklessly
engages in conduct which creates a substantial risk of physical injury to such
other person [or to a third person].
Penalties:
This is a violation, not a crime (so no criminal record), but you would be subject to fines, up to 15 days in jail, court surcharges, and a 1 year conditional discharge.
Hazing in the 1st
degree (Penal
Law, 120.16)
Under our law, a person is guilty of
Hazing in the First Degree when, in the course of another person's initiation
into or affiliation with any organization, he or she intentionally or
recklessly engages in conduct which creates a substantial risk of physical
injury to such other person [or to a third person] and thereby causes such injury.
Penalties:
Class A misdemeanor (this is a crime)
-up to 1 year in jail
-up to 3 years probation or 1 year Conditional Discharge
-up to $1000 fine
-court surcharge
*Note: The difference between the two laws is that
in the lesser violation no injury is present.
In the more serious crime (Hazing 1st), an injury has actually occurred.
So be aware that if you PARTICIPATE IN HAZING (even if no injury is
caused) you can be charged with a violation.
Also, most colleges and universities have "zero tolerance" policies against Hazing rituals. The past several decades have been filled with tragedies as college students have died doing peer pressured activities, like excessive drinking or other dangerous activities.
Even if you escape the criminal justice system unscathed, it is pretty likely that you will NOT escape school discipline up to expulsion.
--SUMMARY THOUGHTS--
Be smart about what you participate in. Hazing of any kind can be prosecuted in NY... and it will reflect poorly on you for a long time (and could cost you your education).
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
Twitter: @ithacadwi
