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Old 03-12-2008, 12:45 AM
a.e.B.O.T. a.e.B.O.T. is offline
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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.

I think hazing laws are ridiculous in regards to its broadness, but its there. It all depends on what a school wants to take action on. At my school, we were told that if a pledge is at a party, leave, because you can't drink with them or be around alcohol with them. Of course, we nor anybody followed this. It was one of those things you say when certain people are around.
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Old 03-12-2008, 12:54 AM
jon1856 jon1856 is offline
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Originally Posted by a.e.B.O.T. View Post
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.

I think hazing laws are ridiculous in regards to its broadness, but its there. It all depends on what a school wants to take action on. At my school, we were told that if a pledge is at a party, leave, because you can't drink with them or be around alcohol with them. Of course, we nor anybody followed this. It was one of those things you say when certain people are around.
My late chapter was hit, along with other charges, with hazing charges when firemen found drunk under age pledges in the house.
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Old 03-12-2008, 07:45 AM
Oldest_Pledge Oldest_Pledge is offline
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Originally Posted by a.e.B.O.T. View Post
It is that literal. ...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.'
So ask him if alcohol present within 300 miles of the chapter house is also cause for "discomfort" (from you post above) as my ACLU lawyer friends state based on your very first post concerning the definition of hazing.

What about a pledge who lives at home? If Dad has beer in the fridge, is it now hazing because the son is pledge of any GLO because there is beer at home?
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Old 03-12-2008, 08:47 AM
ZZ-kai- ZZ-kai- is offline
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Wow, what did the AO do that makes you hate them so much? Laws are in place for a reason....
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Old 03-12-2008, 09:30 AM
Oldest_Pledge Oldest_Pledge is offline
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Wow, what did the AO do that makes you hate them so much?
Not hate, just disappointed..when the ISU Colony was closed, I was at some Army training (Reserves so I could pay for college). My fellow pledges were initiated at the convention that summer while I was gone.

The AO did not answer any letters I wrote asking for help in completing my initiation. Not even so much as a "we are sorry, but we can not help you" letter. I had to wait 20 years before I met Mr. Brant at a Boy Scout function to complete my journey.

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Laws are in place for a reason....
Yes, this is true. I am asking about the interpretation and application of the laws. AEBOT's statement makes it appear that any alcohol, however remote, is hazing.

So is it any alcohol within 300 miles of a chapter, any alcohol on campus, any alcohol in the after-shave? Or even, the potential of alcohol being in purchased by a legal, 21 year old Active but kept locked up in his personal off campus house? The Active still "has possesion" of alcohol, but the pledge can not get to it at the chapter house.

Where is the line? AEBOT's professor would make it seem that any alcohol available on the planet is hazing of a pledge.
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Old 03-12-2008, 03:49 PM
MysticCat MysticCat is offline
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Originally Posted by a.e.B.O.T. View Post
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.
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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.

Quote:
Originally Posted by a.e.B.O.T. View Post
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.
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Last edited by MysticCat; 03-12-2008 at 03:52 PM.
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