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After reading this sport related article that involved statutory, tort, and federal laws I have learned that the educational system and legal system have a complex relationship that clearly reveals a check and balance issue to protect all school related officials, employees, and reputation. It was unfortunate that a student was not able to find closure or justice in an incident that involved being led by an educator/teacher. This article shows that different policies and procedures can intertwine to have a result that seems unconstitutional but is lawful. Moving forward it is important to inform students, faculty, and stakeholders about the different and complex laws that are related to higher education.

Marsh, J. P., & Petersen, J. C. (2015). Forced Football Fisticuffs. JOPERD: The Journal of Physical Education, Recreation & Dance, 86(9), 45–46

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The following are the best recommendations for hazing and student misconduct:

Develop risk management strategies for organizations to prevent hazing within organizations

Develop an aggressive plan of actions towards organization that violate multiple hazing or misconduct procedures

Require all organization member to complete Anti-Hazing training along with pledging against hazing

Create a point system within greek organization ranks to create organization goals  to replace hazing rituals

. Raising awareness with other organizations to encourage a positive and supportive environment (CAS, 2015).

Collaborate with Student Affairs on campus to create student workshops for informationals about hazing, joining student organizations, and promoting student to engage in the college community. Invite Title IX office to speak about the legal aspect of student misconduct.

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The Council for the Advancement of Standard in High Education features a statement of shared ethical principles. Most importantly, Principle II emphasizes on committing no harm to others. Principle II is titled “Non-Malfeasance” that prioritizes a positive and supportive environment. It

Link: http://standards.cas.edu/getpdf.cfm?PDF=D67207DB-A711-46AA-86038F4A48ACF434

Council for the Advancement of Standards in Higher Education (2015). CAS statement of shared ethical principles. In J. B. Wells (Ed.), CAS professional standards for higher education (9th Ed.). Washington, DC: Author

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The University of Houston’s (2020) hazing policy is included on the university website. The policy defines hazing and describes the many different types of hazing that students may encounter. Additionally, it defines all the parties involved in a hazing incident on campus. It describes the enforcement tactic that involves the organization president and plan of action moving. Finally, the policy mentions the prosecution of immunity that protects all participants that are directly related or involved with the university.

University of Houston. (2020). UH Hazing Policy.      https://uh.edu/dos/_files/uh-hazing-policy-fall-2020-10-07-2020.pdf

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Judicial Law

The infamous Brown v. The Board of Education deemed a public school decision unconstitutional which required the judicial to step in. This law allows the different state school policies to lose leverage/power if the courts deem a decision unconstitutional. This impact allows the separation in power between state and federal courts throughout the educational system. This case allowed the Supreme Court to interfere with the state’s decision via the power of the 10th amendment. This case allowed the Supreme Court deem a state decision unconstitutional.

Brown v. Board of Education, 347 U.S. 483 (1954).

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Statutory Law

The Texas Education Code states:

A offense is committed when a person engages, directs, or encourages any type of hazing act

A offense is also committed if a person fails to report an act or acts of hazing

Link: https://statutes.capitol.texas.gov/StatutesByDate.aspx?code=ED&level=SE&value=37.152&date=7/18/2015

Texas Education Code § 37.152 - 153

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Constitutional Law

Title IX of the Education Amendments of 1972

-          It was designed initially for men and women athletics

-          Schools that are federal funded do not have the right to deny students an education based of race, color, origin or religion

-          Along with education, students may not be denied participation in any student activities or organizations, including athletic sport teams.

Link: https://www.justice.gov/crt/fcs/TitleIX-SexDiscrimination

20 USC § 1681

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Federal Law

The 10th amendment of the United States Constitution states that:

Power that is not given at the federal level is delegated to the state and people of the state.

Because of the delegated powers to the state, the state must adhere to the 14th amendment in providing every student an equal opportunity to receive an education.

Reference: U.S. Const. amend. XIV, § 1.

Link: https://www.senate.gov/civics/constitution_item/constitution.htm#amdt_10_(1791)

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Sarah Brown (2020) tells the story of Zena Abro, a minority student from the University of Richmond. After joining a sorority on campus, Zena felt disconnected from  her fellow members as she quickly realized that she did not fit in with the Greek life lifestyle. After George Floyd’s death, the lack of understanding and importance from the sorority led Zena to dissolve her membership from sorority. The upcoming trend has led many students to relinquish their membership to their organization to petition against racial injustice.

Brown (2020) discovered many reasons why students join greek organization:

To be able to fit in a group of students

After joining their respective organizations, student began to realize organization and members did not show an importance towards racial injustice in the country

Exclusive and limited membership to greek organizations have led students to begin a movement abolishing  greek organization due to unethical practices and systems.

Link: https://www.chronicle.com/article/students-arent-just-leaving-greek-life-they-want-to-end-it

Reference: Brown, S. (2020). Students Aren’t Just Leaving Greek Life. They Want to End It.

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Stripling anf Thomason (2021) describe a torn relationship between university president and football head coach. Notoriously famous, Les Miles was relieved of his duties as head coach st LSU after multiple reports of sexual misconduct (Stripling & Thomason, 2021). F. King Alexander made many comments about his previous employer. He mentioned:

The Board of Trustees were too involved and many unusual demands towards LSU football program

Les Miles was accused of inappropriate sexual behavior towards a female student. The board of trustees did very little to implement a disciplinary action toward the head coach’s actions

Title IX  athletic cases were handled differently and described as “sioled” (Striping & Thomason, 2021)

Link: https://www.chronicle.com/article/his-new-job-on-the-line-this-president-unleashed-a-scorched-earth-critique-of-his-old-campus

Stripling, J., & Thomason, A. (2021). His New Job on the Line, This President Unleashed a Scorched-Earth Critique of His Old Campus. Chronicle.Com

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The American School Counselor Association (ASCA) developed a guide for school counselors as an overview on the duties and responsibilities school counselors have toward students. ASCA (1992) reiterate the obligation and loyalty school counselors must have toward their students. The guide is targeted for school counselors on how to conduct themselves in professional relationships, report a student incident, and hold the values and maintain the standards of an educator towards the student body. Furthermore,  the guide signifies that schools, parents, and the community also have a responsibility to students.

American School Counselor Association. (1992). Ethical standards for school counselors. The school counselor, 84-88

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On April 29th, 2021 I had the opportunity to interview Jerrell Sherman, the Associate Dean for Judicial Affairs and Student Development along with the  Dean of Greek Life at Sam Houston State University. It appeared that R. Sherman made the perfect interview considering his positions at the higher education level. Hazing and student misconduct had been an alarming issue for college and informing students has become somewhat of a challenge as students continue to search to fit in with unfamiliar crowds (J. Sherman, April 29, 2021). Hazing needs to become an issue that can be fully controlled buy leaders and the educational community.

Best practices:

Develop risk management strategies for greek and sport organizations to inform about the legal consequences of hazing if students were accused of the offense

Compare the similarities between hazing and bullying to raise awareness against physical, emotional and psychological abuse.

Encourage these organizations to establish community based events to replace hazing rituals.

The student life community can play an integral role in the overall college experience for students. If college organizations operate in a positive ethical manner, it can become a huge support system for a college. However, student led organizations have been involved in controversial incidents that deserve an adequate disciplinary action.

Link: https://www.shsu.edu/dept/dean-of-students/greeklife/staff.html

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I have taken the professional perspective of a Student Athlete advisor at the University of Houston. This padlet is designed to inform the students and staff  of a polarizing aspect in the Student life on campus. This padlet will inform and observe the disciplinary action that will be taken towards students, faculty,  or college organizations violating campus or ethical policies.

This controversial topic stems from previous incidents throughout the higher education community and conducting disciplinary action for accused participants. This topic piqued my interest as a student athletics advisor at a four year institute