Greek Leadership Positions May Be Risky Business for College Students

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The Risks of College Life: When Fun Turns Dangerous

While college should be the best four years for any student, those dreams can be crushed when unintended tragedy hits a college campus. Activities often thought of as “fun” can turn on a dime when students drink too much and engage in risky behavior.  We have worked on many cases over the past years where twenty somethings are forced to grapple with serious consequences for poor choices. When this happens, we watch circumstances force these sometimes still immature students to grow up and accept adult consequences for their actions.

Understanding the Responsibilities of Leadership in College Organizations

Many students do not anticipate that leadership positions in organizations that might seem like an excellent choice for their future carry responsibility and accountability that isn’t necessarily spelled out in any handbook.  A prime example is when a student accepts a leadership position in a Greek organization. Of course, students want to be elected to office to gain leadership experience, build a resume and create future connections. What could be bad about taking an executive role in any organization? Students gain excellent experience in planning events, managing a budget and marketing an organization.  However, leadership has its privileges and costs. Just like in the “real world,” executive board members can be held legally accountable for the actions of its members.

The Hazing Crisis: A Case Study of Greek Life Accountability

What does this mean in practical terms? News about the tragic Penn State hazing case provides a prime example of how Greek leadership is held accountable for their own misfeasance and those of its members. Five years after the preventable death of Timothy Piazza at a 2017 fraternity pledge event, the president and vice president of the fraternity at the time of Piazza’s death entered guilty pleas to criminal charges for their role in the hazing of Piazza. They pled guilty to one count of Reckless Endangerment and 14 counts of Hazing – one for each pledge member.

How Schools and States Are Responding to Hazing Incidents

In the years since the death of Piazza, states across the country have passed laws criminalizing hazing, and colleges and universities have increased efforts to combat fraternity misconduct and promote student safety. Yet, hazing deaths still occur  on college campuses. We’ve written about how to spot hazing and the difference between hazing and bullying. While students have a better understanding of what constitutes hazing, they rarely understand the potential consequences of holding a leadership position in an organization when hazing occurs.

Facing Misconduct Allegations Without Direct Involvement

Unlike the president and vice president of Piazza’s fraternity who had knowledge about and involvement in the events that took place the night of Piazza’s death, we have represented students with no involvement whatsoever in the pledge process, who have faced student misconduct proceedings for hazing allegations consisting of early morning calisthenics or cleaning up after a party. Even if your student didn’t participate in an event, your student may still face student misconduct charges and sometimes legal action too for having a more obtuse role in a hazing event.  For example, being the treasurer who paid the deposit to reserve a facility where an event was held can create a host of issues for that student even if the student didn’t attend the event. Likewise, a student can be subject to disciplinary proceedings for holding a leadership position and not taking affirmative steps to stop a hazing practice, especially if the practice has occurred over multiple “big and little brother” generations.

The Consequences of Failing to Prevent Hazing

Why? Most schools now have student conduct policies containing broad language that makes it a violation of school policy to acquiesce to hazing or to permit a student to do something that could subject the student to discipline. Designed to encourage a commitment to hazing prevention and bystander intervention, these policies hold students accountable despite a lack of direct involvement.

The Importance of Legal Guidance in Student Misconduct Investigations

The key takeaway for students to understand is that a leadership position in any organization brings added responsibility; make sure your student understands what that responsibility entails.  Finally, if your student is involved in any type of student misconduct investigation, make sure your student has a legal advisor to assist. The advisor must know how to address not only student conduct allegations, but also how to navigate parallel criminal and civil actions.  We have years of experience navigating this complex landscape and can work to protect your student.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Kohrman Jackson & Krantz LLP

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