Citing increasing difficulty in dealing with hazing cases, the University Judiciary Committee, along with top school officials, plans to submit a proposal to Gov. Mark R. Warner recommending an amendment to the Commonwealth's current statute.
Virginia law proscribes hazing as a criminal offense and mandates that any public school or university expel any student found guilty of hazing or mistreating another student so as to cause bodily injury. However, the statute does not define hazing or bodily injury, which permits broad interpretations of the terms, varying from school to school.
"This lack of statutory definition causes confusion among the schools and allows for due process complaints because of ambiguity," UJC Chairwoman Katie Graney said.
The law also requires punishment that may be disproportionate to the offense. For example, the University must expel a student if convicted of a hazing offense, even if bodily injury was something as minor as a rug burn, said Patricia M. Lampkin, interim vice president for student affairs.
School officials fear that automatic expulsion for any act of hazing, no matter how severe, ultimately discourages people from reporting such incidents, Graney said.
While the amendment does not come from specific hazing cases, UJC members, as well as University faculty and advisors, proposed the amendment in response to a general agreement that each hazing incident should be considered on an individual basis, as is the case with all other violations, Graney said.
University administrators said they hope the amendment clarifies the process for accused students and better guides the UJC in its deliberation of hazing cases, Lampkin said.
"I also hope that by removing the requirement of mandatory expulsion, there will be an increase in the voluntary reporting of hazing infractions and cooperation of participants in University investigations," Lampkin said. However, "the University does not condone hazing in any form and will continue to treat it as a serious offense."
University officials will submit the amendment to Warner later this summer and hope Warner will send the proposal to the General Assembly in January, 2003.
"I am confident that the legislation will be given a fair hearing," said Leonard W. Sandridge, University executive vice president and chief operating officer. "If passed, it will afford more options to the UJC for dealing with the cases they handle"
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