It is hard to ignore the controversy surrounding fraternity hazing, especially on a college campus.
Fraternities and sororities have to meet certain guidelines to avoid suspension. However, there is no one set of rules Greek organizations have to abide by.
Joshua Sheffer, an attorney with the Washington, D.C., firm of Bode and Grenier, is a member of the firm's Hazing Law Team.
According to Sheffer, fraternities are usually subject to at least two sets of laws.
"The organization is bound by the state and the university policies," Sheffer said. "How the hazing laws are written really differs from state to state. Some states just require the universities to have an anti-hazing policy. Other states have specific things the organizations are not allowed to do."
William Whittelsey, president of Auburn's Interfraternity Council, said one set of laws can override the other.
"Just as federal law has authority over state law, each Greek organization must follow state law above Auburn University law," Whittelsey said. "However, at the same time if the university law has certain policies that are more strict than state law, the university law must be complied with first followed by what the state law states."
Sheffer said most hazing laws are similar, but there are glaring differences. They generally cover the same kinds of things," Sheffer said.
"But they differ more than you think. Some make hazing a felony if it causes injury or death, and some make it a misdemeanor no matter what. Some only deal with Greek organizations at universities or colleges, and others deal with any organization at all. They can vary quite a bit."
According to Alabama Code - Section 16-1-23, hazing is considered a crime. People who commit an act of hazing could be found guilty of a Class C misdemeanor.
Alabama is one of six states that has a "Duty to Report" clause in its anti-hazing statute. Because of this clause, knowing about an instance of hazing and failing to report it is illegal.
Auburn University's hazing policy was adopted in 1989 and was last amended in 2003.
The policy is made up of three parts: the Alabama State Hazing Statute, Auburn's definition of hazing, all organizations, and reporting violations.
Auburn University defines hazing as "any action taken or situation created intentionally or unintentionally whether on or off campus, to produce mental or physical discomfort, embarrassment, harassment, or ridicule."
In the third part, the University stresses that the policy applies to all student organizations and not just the Greek system. The final part encourages students to report all instances of hazing to the Division of Student Affairs.
These rules may seem harsh to some, but they are lenient compared to other states.
Of the 44 states with anti-hazing laws, California's is among the strictest.
Matt's Law was signed into law by Arnold Schwarzenegger in 2006.
Prior to Matt's Law, hazing was considered a misdemeanor, even when it resulted in death. California now allows felony prosecutions when hazing causes serious injury or death. Violators can now face up to a year in prison and a fine between $100 and $5,000.
Sheffer said lawmakers in other states could learn a thing or two from California.
"If you look at California's anti-hazing statute, it actually holds the organization liable for the conduct of its members more than a lot of hazing laws do," Sheffer said. "I think that's important."
California is not the only state looking to put a stop to hazing.
Sen. Jamie Raskin of Maryland wants to raise the fine for hazing from $500 to $5,000. This legislation comes on the heels of the recent hazing controversy at the Salisbury University chapter of Sigma Alpha Epsilon.
Hazing in Florida can result in up to six years in prison, and a fine of up to $5,000.
According to Bradford Ladner, LLP, an Alabama law firm, a Class C misdemeanor in Alabama can result in only three months in jail and a $500 fine.
Sheffer said he believes it would be beneficial if states had more similar anti-hazing laws.
"It would be nice to have a little more uniformity, but it would also be nice if more of them actually held the organization responsible."
Jill Moore is Auburn's director of Greek life.
According to Moore, while there are policies in place to prevent and discipline hazing, it is up to students to report it.
"If a student is a victim of hazing or witnesses hazing, he or she should report it," Moore said. "If the problem is going to be addressed, the hazing must be reported. If students will recognize and report hazing, we can work together to address that behavior and eliminate hazing on our campus"
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