At college campuses across the country, there are students who want to be in fraternities and sororities. For many, it provides the quintessential college experience. We all know that it is not always so easy to be admitted into these organizations and sometimes certain tasks are required to prove loyalty and commitment. However, when those activities cross certain lines, they can become the criminal act of Hazing at University of Northern Colorado in Greeley or Colorado State University in Fort Collins. One boy reported being ‘hazed’ after college students in a fraternity spread peanut butter across the boy’s face while he was passed out. The boy is deathly allergic to peanuts and it caused a severe allergic reaction. The University, campus police, and local city police have been notified and are investigating the situation. If this had occurred in Greeley, Erie or Evans, it could have resulted in Hazing charges.
Weld County Hazing Lawyer: What is the Definition of Hazing?
The Colorado law definition of Hazing – C.R.S. 18-9-124 – is:
(b) In enacting this section, it is not the intent of the general assembly to change the penalty for any activity that is covered by any other criminal statute. It is rather the intent of the general assembly to define hazing activities not covered by any other criminal statute.
(2) As used in this section, unless the context otherwise requires:
(a) “Hazing” means any activity by which a person recklessly endangers the health or safety of or causes a risk of bodily injury to an individual for purposes of initiation or admission into or affiliation with any student organization; except that “hazing” does not include customary athletic events or other similar contests or competitions, or authorized training activities conducted by members of the armed forces of the state of Colorado or the United States.
(b) “Hazing” includes but is not limited to:
(I) Forced and prolonged physical activity;
(II) Forced consumption of any food, beverage, medication or controlled substance, whether or not prescribed, in excess of the usual amounts for human consumption or forced consumption of any substance not generally intended for human consumption;
(III) Prolonged deprivation of sleep, food, or drink.
(3) It shall be unlawful for any person to engage in hazing.
Basically, in Weld, Morgan, and Logan County, Hazing can be charged for any initiation requirements that can be dangerous. Now, smearing peanut butter on someone’s face is not generally a dangerous act, but when the person is deathly allergic to peanuts, then it can be dire. It is unknown if the fraternity knew of the pledge’s allergy, and that could absolutely make the difference in this case. If they did know, then the Hazing crime would probably apply. If they did not know, then there is a defense argument that they by no means intended to do a harmful or dangerous act.
What is the Punishment for Hazing at CSU and UNC?
As a class 3 misdemeanor, Hazing is punishable by 6 months in the Weld County Jail and up to $750 in fines. This does not include the potential penalties that the college or university can impose. A criminal charge can get you suspended or even expelled from school. Those decisions are usually made before the criminal case is even completed – so much for innocent until proven guilty. Receiving a dismissal or not guilty verdict can go a long way in restoring a student’s ability to complete their education.
If you or your college student has been charged with Hazing, be smart, exercise your right to remain silent, and contact the best known criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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