By: Gregory S. Parks*
Published: September 28, 2021
Abstract
Hazing is a moral, legal, and existential issue that has spanned generations, cutting across institutions and organizations. A common approach to addressing it is zero-tolerance policies—whether in word or in practice. Zero-tolerance policies are designed to stamp out hazing by severely sanctioning perpetrators. The problem is that zero-tolerance policies, at best, do not deter deviant behavior. While the certainty of catching perpetrators deters, severe sanctions have long-been found to be of limited use in deterrence. At worst, zero-tolerance policies drive deviant conduct underground where it can become more perverse. Zero-tolerance policies do so because perpetrators wish not to be severely sanctioned; at the same time, they are not convinced that their conduct is problematic. This Article grapples with these issues in the context of hazing.
*Associate Dean of Strategic Initiatives and Professor of Law, Wake Forest University School of Law
Suggested Citation: Gregory S. Parks, The Failure of Zero-Tolerance Policies in Addressing Hazing, 126 Penn St. L. Rev. Penn Statim 1 (2021).