As Pennsylvanians know all too well, fraternity hazing can be a deadly activity. A Pennsylvania State University (PSU) student died as the result of a fraternity hazing in 2017. The high-profile case has dragged on for years. Two now-former PSU students were sentenced just this past October. Among the charges they pled guilty too was hazing.
Like a number of states, Pennsylvania has an anti-hazing law. It’s named the “Timothy J. Piazza Anti-Hazing Law” for the PSU student who died after consuming large amounts of alcohol and then falling multiple times.
One of the reasons it can be complicated to prosecute these cases is because there are typically multiple people involved in hazing “events,” with varying degrees of responsibility. If you’re the parent of a college student (or will be soon), it’s wise to ensure that they understand this law. While hazing is most closely associated with college fraternities, it can occur when people are seeking membership in or are already members of a sports team, club or other “organization,” as well.
Understanding the “safe harbor” section of the law
Besides helping to ensure that your child doesn’t become a victim or perpetrator of hazing, there’s a “safe harbor” section of the law they should know about. The law provides immunity from prosecution for hazing-related offenses for anyone who seeks medical attention for a hazing victim by calling 911 or otherwise alerting emergency services or law enforcement (including campus security).
To receive this immunity, a person must have had a “reasonable belief that another individual was in need of immediate medical attention to prevent death or serious bodily injury” and “reasonably believed” they were the first to seek help. They must also provide their real name and remain with the person needing aid until a first responder arrived and “the need for the individual’s presence had ended.”
The law also provides “derivative immunity” for the hazing victim for their own potential alcohol and drug-related offenses if they were discovered only because of the call for help. This section of the law works a lot like the “Good Samaritan” law that provides some immunity for those who report drug overdoses.
The law doesn’t guarantee that someone won’t be arrested or even charged with a hazing-related crime even if they do the right thing and sought emergency help. These scenes can be chaotic, and it can take some time to get everyone’s side of the story. That’s just one reason why it’s wise to get legal guidance for your college student as soon as possible under such circumstances, to help protect their rights and protect their future.