College Hazing Charges in Michigan: What Students Need to Know Before Talking to Police
A college hazing charge in Michigan can be prosecuted under MCL 750.411t, Michigan’s anti-hazing statute commonly known as Garrett’s Law. Depending on the alleged conduct and the resulting injury, the charge may be a misdemeanor punishable by up to 93 days in jail or a felony carrying up to 15 years in prison. Ben Hall Law defends college students facing hazing allegations in Michigan and the relevant county courts.
What Is a Hazing Charge at a Michigan college or university?
MCL 750.411t applies to hazing connected with educational institutions in Michigan, including colleges and universities across the state. The statute applies to a person who attends, is employed by, or volunteers with an educational institution and engages in or participates in hazing. A recent Michigan State University hazing prosecution illustrates how the statute can be applied. In March 2026, the Michigan Supreme Court rejected an appeal by former fraternity pledge master Ethan Cao, allowing that prosecution to proceed. The decision left Michigan’s anti-hazing law in force.
How Michigan’s Garrett’s Law Defines Hazing Under MCL 750.411t
Under MCL 750.411t, hazing includes an intentional, knowing, or reckless act directed against another person that the actor knew or should have known endangered that person’s physical health or safety. The act must be connected to pledging, initiation, affiliation, participation, holding office, or maintaining membership in an organization associated with an educational institution. The prosecution still has to prove the statutory elements against the individual defendant.
Who Can Be Charged and Who Cannot Be Charged Under Garrett’s Law
A person who attends, works at, or volunteers with an educational institution can be charged under MCL 750.411t if the prosecution alleges that person engaged in or participated in hazing. MCL 750.411t(4) excludes the individual who was hazed from liability under this section, and consent is not a defense. If police or university investigators want to question you, speak with a lawyer before giving a statement.
What Are the Penalties for College Hazing Under Michigan Law?
The penalty for a college hazing charge in Michigan depends entirely on what happened to the person who was hazed. Michigan law creates three distinct tiers under MCL 750.411t, and the difference between them is the difference between a misdemeanor and a felony, carrying up to 15 years in prison.
| Result of Hazing | Charge Level | Maximum Incarceration | Maximum Fine | MCL Subsection |
|---|---|---|---|---|
| Physical injury | Misdemeanor | 93 days | $1,000 | MCL 750.411t(2)(a) |
| Serious impairment of body function | Felony | 5 years | $2,500 | MCL 750.411t(2)(b) |
| Death | Felony | 15 years | $10,000 | MCL 750.411t(2)(c) |
“Serious impairment of body function” is a separate felony tier between physical injury and death. Whether an injury qualifies is a legal and factual question that depends on the nature and extent of the harm. Hospitalization alone does not automatically determine the charge level.
The resulting harm affects the applicable penalty tier, but the prosecution must still prove the conduct and mental-state elements required by MCL 750.411t. Subsection (3) also makes clear that prosecution under the hazing statute does not prevent prosecution for another crime arising from the same conduct.
What Happens After a College Hazing Charge in Michigan: Step by Step
The exact process depends on the facts, the charge level, and where the alleged conduct occurred, but an college hazing case may involve the following stages.
- Investigation by law enforcement. Depending on where the incident allegedly occurred, the investigation may involve the campus police or public safety, the local law enforcement, or another agency with jurisdiction.
- Charging decision. The prosecuting authority reviews the investigation and determines whether criminal charges are supported and, if so, what offenses and penalty tier are alleged.
- Arraignment. At the first court appearance, the charge is formally addressed and the court considers bond and other conditions. The specific court depends on jurisdiction.
- Probable cause conference and preliminary examination in felony cases. Michigan felony cases generally proceed through a probable cause conference and, unless waived, a preliminary examination in district court. The prosecution must establish the required probable cause before the case can be bound over to circuit court.
- Bindover to circuit court in felony cases. If the court finds the required probable cause after a preliminary examination, or the examination is waived, a felony case may be bound over to circuit court for further proceedings.
- Pretrial litigation, negotiation, or trial preparation. Depending on the case, the defense may challenge evidence, negotiate with the prosecution, evaluate youthful-trainee status or other disposition options when legally available, or prepare for trial.
- Resolution. A criminal case may end through dismissal, negotiated resolution, trial, or another lawful disposition. For some eligible young defendants, youthful-trainee status under MCL 762.11 may be available. Separate university disciplinary proceedings may also occur.
A university conduct process may proceed separately from the criminal case, and the standards and consequences in that process are different from those in criminal court.
What the the prosecutor Will Argue Against You
A hazing prosecution may rely on evidence such as leadership roles, witness statements, photographs, videos, messages, and evidence about what each person allegedly did before, during, and after the event. The defense should separate group allegations from the conduct and mental state the prosecution can actually prove against the individual defendant.
How a Hazing Charge Can Affect Your Enrollment and Criminal Record
A hazing allegation can create two separate problems: a criminal case and a university disciplinary matter. Each process has its own rules, evidence, and potential consequences.
The criminal record consequence
A conviction under MCL 750.411t can create a criminal record with consequences for employment, graduate school, and professional licensing. For some eligible young defendants, the Holmes Youthful Trainee Act may provide a way to avoid a public conviction, but HYTA is discretionary and subject to statutory requirements and exclusions.
The college student conduct consequence
Your college or university may also pursue a student-conduct matter under university rules. That process is separate from the criminal case, and a criminal dismissal or acquittal does not necessarily determine the university outcome. Both matters should be evaluated carefully because the evidence and statements made in one process can affect the other.
Defense Strategies for Students Charged Under MCL 750.411t
College hazing charges are serious, but a charge is not a conviction. The prosecution must prove the required elements beyond a reasonable doubt, and the defense should focus on the evidence tied to the individual defendant.
Challenging the Intentional, Knowing, or Reckless Standard
MCL 750.411t requires the prosecutor to prove that the defendant’s act was intentional, knowing, or reckless. Passive presence at a hazing event is not the same as participation. Benjamin J. Hall examines every detail of what you specifically did not what the group did before accepting the prosecution’s framing of the events.
Insufficient Evidence and Role Differentiation
Not everyone present at an alleged hazing event necessarily has the same criminal exposure. The prosecution must prove the conduct attributable to each defendant. In the Pi Alpha Phi case at Michigan State University, charges against one defendant were dropped while charges against others continued, illustrating why role differentiation and individual evidence matter.
What the Prosecution Will Argue and How Ben Hall Responds
A leadership title may be part of the prosecution’s theory, but a title alone does not replace proof of the conduct and mental state required by the statute.
Photographs and video may be important evidence, but they still have to be connected to what the individual defendant allegedly knew, did, or participated in.
Group dynamics can be part of the factual record, but criminal liability still requires proof of the statutory elements as to the person charged. Ben Hall’s background as a former prosecutor helps the defense evaluate how those arguments are likely to be presented and where the evidence can be challenged.
Can You Get HYTA for a Hazing Charge at a Michigan college or university?
HYTA, the Holmes Youthful Trainee Act under MCL 762.11, may be available to certain defendants who committed an offense before turning 26. It is not automatic, and eligibility depends on the charge, age, prosecutorial consent requirements in some cases, and other statutory restrictions. When HYTA is granted and successfully completed, the case does not result in a public judgment of conviction. HYTA is different from expungement, which addresses an existing conviction after the fact.
Whether HYTA is available should be evaluated early because it can affect plea negotiations and case strategy. Ben Hall Law can determine whether youthful-trainee status or another nonpublic or diversionary disposition may be legally available in a particular case.
Related Charges Ben Hall Law Defends for College Students
Hazing charges rarely exist in isolation. college students facing charges under MCL 750.411t often have questions about related charges, student conduct proceedings, and the broader range of criminal defense situations that arise on and around campus.
Other Criminal Charges College Students May Face
Hazing allegations may overlap with other criminal charges or university disciplinary issues. Depending on the facts, an college student may also need information about assault charges, student-conduct proceedings, or youthful-trainee status and other disposition options. Ben Hall Law can evaluate those issues together rather than treating each one in isolation.
Why College Students Choose Ben Hall Law for Hazing Defense
Facing a college hazing charge in Michigan is disorienting. You may not have known you were breaking a law, and now that the the prosecuting attorney’s office is involved, your enrollment at a Michigan college or university may be at risk, and you do not know who to call first.
Benjamin J. Hall has worked as a Michigan police officer, prosecutor, and criminal defense attorney. That background gives Ben Hall Law practical insight into how investigations are documented, how prosecutors evaluate evidence, and how criminal cases are challenged in court. For an college student facing a hazing allegation, that experience can be especially valuable when criminal exposure and university consequences overlap.
Frequently Asked Questions About College Hazing Charges in Michigan
Garrett’s Law is the common name for MCL 750.411t, Michigan’s anti-hazing statute. It applies to people who attend, work at, or volunteer with an educational institution and engage in or participate in hazing as defined by the statute. In March 2026, the Michigan Supreme Court rejected an appeal by Ethan Cao and allowed the hazing prosecution against him to proceed.
The level of the offense depends in part on the resulting harm. Hazing that results in physical injury is a misdemeanor punishable by up to 93 days in jail and a $1,000 fine. Hazing resulting in serious impairment of a body function is a felony punishable by up to 5 years in prison, and hazing resulting in death is a felony punishable by up to 15 years. The prosecution must still prove the statutory conduct and mental-state elements.
After an investigation, the prosecuting authority decides whether to authorize charges. A criminal case then proceeds through the court with jurisdiction over the alleged offense. Felony cases generally include a probable cause conference and, unless waived, a preliminary examination before possible bindover to circuit court. Your college or university may also pursue a separate student-conduct process.
Yes. A misdemeanor hazing conviction under MCL 750.411t(2)(a) carries up to 93 days in jail. A felony conviction for hazing resulting in serious impairment under MCL 750.411t(2)(b) carries up to 5 years in prison. A felony conviction for hazing resulting in death under MCL 750.411t(2)(c) carries up to 15 years in prison. The specific penalty depends on the outcome of the alleged hazing and the facts of the case.
Yes. A hazing charge can be dismissed if the prosecution cannot establish the required elements or if other legal grounds support dismissal. In felony cases, the preliminary examination can be an important opportunity to test whether probable cause exists. The defense may also challenge the evidence connecting the individual defendant to the alleged conduct or resulting injury.
Do not try to explain your way out of the allegation before you understand your legal position. Preserve relevant evidence and speak with a criminal defense attorney before making statements to investigators.
Consent is not a defense under MCL 750.411t. A defense attorney can examine whether the prosecution can prove the statutory elements, challenge evidence, distinguish your conduct from that of others, and evaluate HYTA or other disposition options when legally available. Ben Hall’s prior experience as a prosecutor provides useful perspective when assessing how the government may build the case.
Facing College Hazing Charges? Get Your Free Consultation Today
A college hazing charge in Michigan can threaten your record, education, and future opportunities. The criminal case and any university disciplinary matter should be addressed with a coordinated strategy from the beginning.
Benjamin J. Hall is a former Michigan police officer and former prosecutor who understands how criminal investigations are developed and how prosecutors evaluate evidence. If you are under investigation or have already been charged, early legal representation can help preserve evidence, protect your rights, and clarify your options.
LEGAL DISCLAIMER: The information on this page is provided for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship between you and Ben Hall Law. Every case is different. Contact Benjamin J. Hall directly to discuss the specific facts of your situation.
