[MysticCat]

Originally Posted by a.e.B.O.T.

This is a difficult situation. Technically, it is hazing, because the house had alcohol available to the pledges. That constitutes as hazing in and of itself. Don't know if that is how I would define it, but that is the way it is defined.

Originally Posted by EE-BO

Just to clear up this and the issue about whether provision of alcohol is hazing, . . .

PS- kddani, geekypenguin or any other legal experts- do please chime in here if you see this. I am not an attorney by trade and I hope I am getting this all right.

It is unquestionably illegal to provide someone underage with alcohol, and, depending on the laws of the state, the person (organization) providing the alcohol could be held liable/responsible for any harm that might come to the underage person (say, by alcohol poisoning) or to another (say, in a drunk-driving accident). So, it is clearly a risk management issue.

But I know of no definition of hazing, legal or institutional, where simply making alcohol available to pledges could be considered hazing. Forcing them to drink or encouraging them to drink excessive amounts (or failing to stop them from drinking excessive amounts), yes; nothing more than having it available, no.

Originally Posted by a.e.B.O.T.

It is that literal. I am going to graduate school for higher education, and I am currently taking Law in Higher Education. So, I asked my professor to elaborate about whether alcohol present in front of pledges constitutes under the legal definition and he said yes, because the pledges could feel obligated due to their status within the situation, and therefor be 'discomforted.' He said hazing laws all are vague and usually whatever would cause discomfort, but certain state have specifics and degrees of hazing outline in their state laws.

There are 44 states with hazing laws. (You can check them out here). I haven't done a complete inventory, but I think it's safe to say that there are some substantial differences among the various laws. In my state, it doesn't meet the statutory definition unless physical injury results.

Many states include something along the lines of reckless conduct that could endanger the physical or emotional health of the pledge; depending on the circumstances, having alcohol available and encouraging pledges to drink might fit such a definition. But I would be very hesitant to say that it is hazing without more to go on, such as explicit or implicit pressure to drink too much.

In any event, the great variety in hazing laws makes it nearly impossible to say that "X = hazing." Some places it might, some places it might not.