STUDENT HAZING | Administrative Guideline Manual

5516 - STUDENT HAZING

Policy 5516 applies to all athletic teams (whether interscholastic, intramural, or club teams); groups affiliated with an academic class such as band; Honor societies; performing arts groups; spirit groups (e.g., cheer, dance, drill, etc.); and any other student extracurricular activities, including any outside organizations that are affiliated with or that sponsor the extracurricular organization.

For the purpose of initiating, admitting, or affiliating a student into or with a team or extracurricular activity, or for the purpose of continuing or enhancing the student’s membership or status on a team or in an extracurricular activity, intentionally, knowingly, or recklessly causing, coercing, or forcing a student to do any of the following, regardless of whether such conduct occurs on or off school property:

violate Federal or State criminal law;
consume any food, liquid, alcoholic liquid, drug, or other substance that subjects the student to a risk of emotional or physical harm;
endure brutality of a physical nature, including whipping, beating, branding, calisthenics, or exposure to the elements;
endure brutality of a mental nature, including actively adversely affecting the mental health or dignity of the individual, sleep deprivation, exclusion from social contact, or conduct that could result in extreme embarrassment;
endure brutality of a sexual nature; or
endure any other activity that creates a reasonable likelihood of bodily injury to the student.

It is not a defense to a charge of hazing that the student consented to the conduct in question.

Policy 5516 also applies to behavior conducted online, via email, or through electronic media (e.g., texts, instant messages, social media) that relates to school activities and is not protected by freedom of expression. The District does not regularly search for online information but may act if such information is brought to the administration’s attention.

Identifying Acts of Hazing

The following are key indicators that an individual is or has been subjected to hazing:

the activity is degrading and/or demeaning
there is risk of injury or a question of safety
alcohol or drugs are present
cryptic language is used to describe an event, activity, or interaction
active members of the team or extracurricular activity are unwilling to participate in the same activity with new members
active and new members are unwilling to discuss the activity with advisors, coaches, family members, or other school staff
members of the team or extracurricular activity justify their actions as “traditional” in an attempt to convince others that is an acceptable event
changes in behavior such as oversleeping, constant exhaustion, or an inability to focus
a drop in GPA

Reporting An Allegation or Incident of Hazing

Student safety is the District’s top priority. As such, the administration takes all reports of misconduct seriously to protect everyone’s health and well-being. The District depends on all community members (staff and students combined) to identify and report behaviors of concern so that the District can provide distressed students and employees with appropriate support services and resources. Any person having knowledge of any activity or conduct that may constitute hazing should contact the Superintendent, Building Principal, or Athletic Director. If an administrator, teacher, classified employee, coach, extracurricular activity advisor, or volunteer associated with an athletic team or extracurricular activity see any concerning and/or suspicious behaviors, the individual is required to report it to the Superintendent, Building Principal, or Athletic Director.

Students on an athletic team or participating in an extracurricular activity should immediately report any hazing incidents that occur within their team/activity to the Building Principal or Athletic Director, providing a detailed description of the events that have transpired, the names of any individuals involved, and a description of any actions taken by the coaches/advisors of the team/activity.

Anonymous reports may be submitted online at The Niles Police Department.

Making an intentionally false accusation of hazing is prohibited and subject to corrective or restorative action as enumerated in the Student Code of Conduct.

If a member of the school community is aware of immediate physical danger to a student or others, the person must contact local police or dial 911.

Investigations of Allegations and Charges

The District is committed to reviewing all reports of hazing. While anonymous reports are accepted, the District’s ability to obtain additional information may be compromised and its ability to investigate anonymous reports may be limited.

Upon receiving a report of alleged hazing, the Building Principal or the Athletic Director will investigate the claims. As part of the investigation, the District will:

contact (if possible) the individuals bringing forward the allegations of hazing;
contact the individuals alleged to have perpetrated the hazing;
contact the coach or advisor associated with the team or extracurricular activity involved;
interview all parties, including victims, the accused students, and any witnesses;
request relevant information/evidence from the students involved (e.g., text messages, screenshots, pictures, videos).

During the course of the investigation, students may request to enter information into the record and may recommend specific witnesses to the investigators. Ultimately, the investigator will determine the relevance of the information or the credibility of the witnesses.

Students participating in an investigation process are expected to do so in an active, cooperative, and truthful manner.

While students are required to attend investigation meetings, they will not be compelled to answer questions or provide information. If a student fails to participate in the investigation process, the District will nevertheless proceed to resolve the matter. No adverse inference will be drawn against a student who does not participate in the investigation process.

Falsifying, distorting, intentionally omitting, or misrepresenting information is a violation of the Student Code of Conduct.

The Building Principal/Athletic Director will determine whether interim/supportive measures are needed to protect the safety and/or well-being of anyone involved in the incident and offer such to affected individuals.

The District may encourage a student to undergo a physical examination, particularly when allegations of physical abuse are part of the hazing investigation. If the results of the physical examination are provided to the District, the report will be protected by applicable Federal and State laws, but the investigator may include a summary of any physical signs of hazing (i.e., bruises, burns, blood alcohol content, drug usage, etc.) in the investigation report.

Violations of Policy 5516 by employees may result in corrective action or discipline (including termination) in accordance with Board of Education policy and any applicable collective bargaining agreement.

Every effort will be made to complete the investigation in a timely manner.

The District will always notify the appropriate law enforcement agency(ies) when a report of hazing is received and document that the notification was made.

Retaliation

Retaliation against a person who makes a report or files a charge alleging unlawful student hazing/retaliation or participates as a witness in an investigation involving allegations or charges of student hazing/retaliation is prohibited. Neither the Board nor any other person may intimidate, threaten, coerce or interfere with any individual because the person opposed any act or practice made unlawful by R.C. 2903.31, or because that individual made a report, charge, testified, assisted or participated, or refused to participate in any manner in an investigation, proceeding, or hearing related to R.C. 2903.31 and/or Policy 5516, or because that individual exercised, enjoyed, aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by that law and/or Policy 5516.

Retaliation against a person for making a report of student hazing, filing a charge of student hazing, or participating in an investigation or meeting involving allegations or charges of student hazing is a serious violation of Policy 5516 that can result in the imposition of disciplinary sanctions/consequences and/or other appropriate remedies.

Reports or charges of retaliation may be filed according to the procedures set forth above.

The exercise of rights protected under the First Amendment of the United States Constitution does not constitute retaliation prohibited under Policy 5516 or this administrative guideline.