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126 Penn Statim 1 (2021-2022)

handle is hein.journals/statim126 and id is 1 raw text is: The Failure of Zero-Tolerance Policies in Addressing Hazing Gregory S. Parks* 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. Table of Contents I.INTRODUCTION .................................................................................................... 1 II.ZERO-TOLERANCE: A HAZING REMEDY ............................................................2 III.ZERO-TOLERANCE: A FAILED APPROACH ........................................................5 IV.SHIFTING FROM FAILURE (SEVERITY) TO SUCCESS (CERTAINTY) ....................7 V .C O N CLU SIO N ................................................................................................. 8 I. INTRODUCTION Hazing has been a persistent issue over generations and across organization-types.1 For many, the default solution has been zero- * Associate Dean of Strategic Initiatives and Professor of Law, Wake Forest University School of Law. 1. See Gregory S. Parks & Jasmine Burgess, Hazing in the United States Military: A Psychology and Law Perspective, 29 S. CAL. INTERDISC. L.J. 1 (2019); Gregory S. Parks & Matthew P. Hooker, Organizational Ideology and Institutional Problem-solving: Hazing within Black Fraternities, 44 L. & PSYCH. REV. 91 (2020); Gregory S. Parks & Katherine E. Wenner, Making the Band: Hazing and an Analysis of Interpersonal Dynamics, 18 VA. SPORTS & ENT. L.J. 35 (2018); Gregory S. Parks & Nicolette DeLorenzo, Hazing in High 1

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