Hazing and college sports: North Carolina needs to strengthen its laws | Opinion
Hazing is a perennial problem in college sports and has received renewed attention recently with sexual assault allegations at Penn State, Michigan State, and Ohio State. Hazing is rarely investigated with sports like football but recently, former Northwestern University football players came forward with serious allegations of hazing within the program.
Many alleged hazing incidents were of a sexual nature, involving athletes being forced to strip naked and perform humiliating acts with, and in front of, their teammates. Following an investigation by an independent law firm, Northwestern suspended and then fired the program’s head coach, and the school now faces multiple lawsuits by former players.
Unfortunately, hazing isn’t just a problem at large universities with powerhouse sports programs. Davidson College is facing allegations of allowing degrading hazing practices to take place on its men’s swim team.
In North Carolina, a state that understandably loves its college sports, hazing is a misdemeanor, punishable by up to 30 days in jail. But in 15 other states, hazing can be a felony if it results in death or serious injury. As an avid sports fan and a civil rights attorney, I urge our lawmakers to strengthen our hazing statute to allow serious cases to be charged as felonies, especially where hazing incidents involve racial hatred or sexual violence.
North Carolina is a leader in college sports; let’s also be a leader in ending cultures of abuse.
And let’s understand that hazing doesn’t begin on the university level. According to Elizabeth Allan, a professor at the University of Maine, “Students are coming to college often having experienced hazing in their high school athletics programs.” This creates a culture of acceptance toward normally unacceptable behavior.
In 2021, a high school football team in Minnesota fired its coach and suspended its season after hazing allegations involving sexual assault of players.
Hazing that is racially or sexually motivated can be considered discriminatory harassment, and federally funded schools have a “good faith” obligation to address and resolve discrimination. However, universities are often motivated to downplay incidents of hazing on their campuses to protect their brand and avoid liability.
Discrimination and hazing can be even more complicated to stamp out at private universities. These private institutions don’t necessarily have the same obligations to students, nor can they be compelled to share information about hazing as easily as public ones.
As a case in point, Northwestern only released the executive summary of the independent investigation into hazing in its football program, but the rest of the report remains confidential.
There’s a direct correlation between the legality of hazing and its frequency and severity. According to a survey of sports teams conducted by Alfred University Researcher Nadine Hoover, hazing is most likely to occur in states where it is not illegal or where penalties are not as severe.
Hoover’s research found that athletes as well as coaches and staff believed the most effective way to prevent hazing was through “strong disciplinary or corrective measures,” but that only 25% thought their institutions did so. A significant percentage of respondents believed that an effective way to address hazing included involving law enforcement in hazing incidents.
That sentiment appears to be shared rather broadly by lawmakers. When felony hazing laws are presented to legislatures, they tend to pass almost unanimously.
Universities must do a better job protecting students from hazing. They must rid themselves of hostile cultures of abuse, retaliation against whistleblowers, and codes of silence against the voices of victims.
Officially, most university compliance or student affairs offices prescribe consequences and disciplinary action for athletic programs that engage in hazing. Those who believe their reports have not been properly addressed or investigated, or who have been subjected to retaliation can and sometimes do make their case with the help of an attorney.
The responsibility to act, however, should not be on the student athletes but on universities and other educational institutions. To spur administrations to greater transparency and accountability, and create a culture of zero tolerance towards abuse, North Carolina hazing law must be strengthened to become a more powerful tool for justice.
Nichad Davis is a civil rights and personal injury attorney at the Law Offices of James Scott Farrin. He earned his undergraduate degree from the University of North Carolina at Charlotte and his J.D. from the Norman A. Wiggins School of Law at Campbell University. He coaches youth basketball and football teams, and is an avid college sports fan.
