MICHIGAN LAW

What is hazing under Michigan law?
Hazing occurs when you intentionally, knowingly or recklessly do something to another person that you know or should know may endanger the physical safety or health of that person for the purposes of pledging, joining, participating in, or maintaining membership or office within an organization, such as a fraternity, sorority, association, honor society, club, service group, social group, or athletic team. It does not matter if the other person consents to the activity or willingly participates in the activity.

What acts are considered hazing?
Hazing includes a variety of acts such as physical brutality, physical activity, the consumption of substances, and encouraging criminal activity.

What does physical brutality mean?
Physical brutality includes whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.

What does physical activity mean?
Physical activity includes sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics that subjects the other person to an unreasonable risk of harm or that harms physical health or safety of the individual.

What does the consumption of substances mean?
An activity is hazing if it involves the consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that unreasonably harms someone else or threatens their safety or health. Forcing someone to drink lots of water or eat certain foods is hazing if the person’s health is jeopardized.

Is it hazing to make someone commit a crime or an act of hazing?
Yes. Hazing includes activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime or an act of hazing.

Can emotional or mental abuse violate the Michigan hazing law?
Hazing that causes severe emotional or mental harm violates Michigan Law if the person suffers physical harm as well. Under the University’s Policy Against Hazing, however, such conduct is a violation whether or not physical harm occurs.

What will happen to me under the State Law if I participate in hazing someone?
Hazing is a crime punishable by both imprisonment and monetary fines. Prison time and the amount of money owed increase depending upon the severity of the harm caused. Specifically, if the violation results in physical injury, you are guilty of a misdemeanor punishable by imprisonment of up to 93 days or a fine of up to $1,000.00, or both. If the violation results in serious impairment of a body function, you are guilty of a felony punishable by imprisonment of up to 5 years or a fine of up to $2,500.00, or both. If the violation results in death, you are guilty of a felony punishable by imprisonment of up to 15 years or a fine of up to $10,000.00, or both.

Can I get in trouble for other conduct arising out of the hazing?
Yes. For instance, if you required another person to participate with you in robbing someone else’s fraternity house, you could be charged with both hazing and robbery.

Will I get in trouble if I am the person being hazed?
No. The victims of hazing are not guilty of hazing, even if they voluntarily submitted to the hazing. However, new members of an organization may be responsible for the hazing of other new members.

Is it illegal to merely belong to an organization that commits hazing?
No. Only individuals can be criminally punished for hazing. However, people who are not active participants in hazing may face civil liability and or other sanctions for their membership in an organization that hazes.

What if the hazing occurs outside my organization’s site? What if the hazing is off campus?
Hazing is illegal no matter where it occurs in Michigan. Hazing is also illegal in approximately 44 states.

Do a certain number of people need to be involved in order for the act to legally be considered hazing?
No. Hazing is illegal even if just one person commits the hazing act against one other person.

What can happen to my organization and/or its leaders if I commit acts of hazing?
Individuals are criminally punished under the state anti-hazing law.