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Accused of Hazing in the Military: What Do Marines and Soldiers Need to Know?

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Short answer: Hazing is not one UCMJ offense. Under DoD Instruction 1020.03, it is conduct tied to initiation or acceptance into a group that harms or risks harm to another service member, and it is charged as assault, maltreatment, a violation of the anti-hazing order, or a general article offense. “They agreed to it” and “everyone did it” are not defenses, so stay silent, stay away from the other participants, and get a lawyer.

In this video, Michael Waddington explains how hazing is defined and charged, how cases start, why the group is the real problem, and how these cases are defended.

What counts as hazing in the military?

Department of Defense Instruction 1020.03, the DoD harassment prevention policy, defines hazing as conduct with no proper military purpose that physically or psychologically injures, or risks injuring, another service member as part of initiation into, admission into, or continued membership in a group. Each service adds its own rules, including AR 600-20 for the Army and the Marine Corps order on prohibited activities and conduct.

Under the policy, consent does not excuse hazing. A new Marine who “agreed” to a pinning ceremony or a soldier who “volunteered” for a ritual does not take the conduct outside the definition.

How is hazing charged under the UCMJ?

There is no stand-alone hazing article in the UCMJ. Instead, prosecutors charge the conduct under existing articles:

  • Article 128, assault, for any unwanted physical contact. A punched-in rank insignia or “blood wings” is an assault.
  • Article 93, cruelty and maltreatment, if the person hazed was subject to your orders. Outranking the victim can turn a simple assault into a maltreatment charge.
  • Article 92, failure to obey a lawful order or regulation, for violating the anti-hazing order itself.
  • Article 134, the general article, for conduct prejudicial to good order and discipline or service discrediting.

How do hazing investigations start?

Most cases start in one of four ways. The person hazed reports it, sometimes weeks later after a family member or medical provider sees an injury. A photo or video surfaces, which is how many modern cases begin. A command climate survey flags the unit. Or the hazing is discovered during an investigation into something else.

Once a report is made, the command must investigate. Hazing is tracked and reported up the chain, so commands rarely let these cases quietly go away.

Why is the group the biggest problem in a hazing case?

Hazing almost never involves one person. It involves a group, a tradition, and often a chain of NCOs who knew about it. Investigators interview everyone, and each participant is pressured to describe what the others did.

Statements from co-participants who were offered leniency are often the government’s main evidence. If you were part of the group, assume your peers are being interviewed now. Anything you say to them about the investigation can become evidence, and it can lead to an obstruction charge.

What are the defenses to a hazing charge?

Consent is not a defense to assault or to the policy violation. But the facts still matter, and there are real defenses:

  • The definition: some horseplay, physical training, and unit traditions do not meet the definition of hazing.
  • Presence is not participation: being in the room is different from taking part.
  • What the evidence shows: photos and videos often show less than a witness statement claims.
  • Authority: whether you actually had the victim under your orders decides whether Article 93 applies, and Article 93 carries more exposure.
  • Identification: in group incidents, who did what is often genuinely unclear.

The other person’s participation and attitude can also matter to whether the conduct was abusive or humiliating, and to sentencing.

What happens if you are found to have hazed someone?

The Marine Corps has taken a hard line on hazing since the 2016 Parris Island scandal, and serious cases often go to special or general court-martial, where a bad-conduct discharge is possible. The Army handles more cases administratively, through Article 15, a GOMOR, or administrative separation, but serious injuries or video evidence often go to trial.

Either way, NCOs and officers accused of hazing face relief for cause and the possible end of a leadership career.

What to do right now

  1. Say nothing to investigators or to anyone in the unit. You have the right to remain silent under Article 31(b).
  2. Do not discuss the incident with the other participants. That is the fastest route to an obstruction charge.
  3. Do not delete photos, videos, or messages.
  4. Write down, for your lawyer only, what the tradition was, who started it, and who in the chain of command knew.
  5. Get a lawyer who has handled group cases, because your defense depends on what the others are saying.

Key takeaways

  • Hazing is charged as assault, maltreatment, an order violation, or an Article 134 offense.
  • Consent and “it’s a tradition” are not defenses under DoD policy.
  • Co-participant statements usually drive the government’s case.
  • Rank matters: authority over the victim can turn an assault into an Article 93 maltreatment charge.
  • Silence, no contact with the group, and preserved evidence protect you best.

Frequently asked questions

Is consent a defense to hazing in the military?

No. DoD policy says consent does not excuse hazing, and consent is not a defense to the related assault charges. The other person’s participation can still matter to whether the conduct was abusive and to sentencing.

Can I be charged with hazing if I just watched?

Being present is not the same as participating. But if you were a leader with a duty to stop it, you may face questions about why you did not, so talk to a lawyer before you explain anything.

Will a hazing accusation end my career?

It can. Even without a court-martial, hazing findings can lead to an Article 15, a GOMOR, relief for cause, or separation. How the case is handled early often decides which of those you face.

Should I talk to the other people involved?

No. Investigators are interviewing them, and anything you say can be repeated in their statements. Discussing the case with them can also be charged as obstruction of justice.

Video transcript

Read the full transcript of this video

You’ve been accused of hazing. What do Marines and soldiers need to know? That hazing isn’t a single offense. It’s charged as assault, maltreatment, or violating the anti-hazing order. That everyone did it and they agreed to it are not defenses the law recognizes. And that the Marine Corps in particular prosecutes these cases at court-martial rather than handling them administratively. I’m Michael Waddington, civilian military defense lawyer and co-founder of Gonzalez & Waddington. Hazing cases are usually about a tradition that became a charge sheet. Here’s how they’re charged and defended.

First, the law. Department of Defense Instruction 1020.03 and each service’s regulation, AR 600-20 for the Army and Marine Corps Order 1700.28 for the Marines, define hazing as any conduct in which a member causes another to suffer or be exposed to activity that is cruel, abusive, humiliating, oppressive, demeaning, or harmful as part of an initiation, rite of passage, or admission into a group. Consent is explicitly not a defense under the policy. The conduct is then charged under the UCMJ. Article 128, assault, for any physical contact. Article 93, cruelty and maltreatment, if the accused was in a position of authority over the victim. Article 92, failure to obey a lawful order or regulation, for the anti-hazing order itself. And Article 134, for conduct prejudicial to good order. A pinning ceremony with a punched chest is an assault. A blood wings tradition is an assault. A ritual that a new Marine was told he had to endure to be accepted is maltreatment if you outranked him.

Second, how it starts. A victim reports, sometimes weeks later and sometimes after being encouraged by a family member or a medical provider who saw the injury. A photo or a video surfaces, which is how most modern hazing cases begin. A command climate survey flags a unit or a hazing incident is discovered during an investigation into something else. Once reported, the command must investigate and the services report hazing statistics to Congress, which means commands don’t let these go.

Third, the group problem. Hazing almost never involves one person. It involves a group, a tradition, and a chain of NCOs who knew. The investigation interviews everyone and the pressure on each participant is to describe what the others did. Statements from co-participants who were promised leniency are the government’s usual evidence. If you’re one of the group, understand that your peers are being interviewed today and that anything you say to them about the investigation is both evidence and potential obstruction.

Fourth, the defenses. Consent is not a defense to assault or to the policy violation, but the victim’s participation and attitude are relevant to whether the conduct was cruel, abusive, or humiliating, and to sentencing. Whether the conduct meets the definition. Some horseplay, some physical training, and some unit traditions don’t. Whether you were a participant or a bystander. Presence isn’t participation. Whether the injury or the conduct is what’s described. Photos and videos often show less than the statement claims. Whether the accused was in a position of authority, which is the difference between an Article 128 charge and an Article 93 charge with its higher exposure. And identification in group incidents where who did what is genuinely unclear.

Fifth, the consequences. The Marine Corps has taken hazing to court-martial as a matter of policy since the deaths at Parris Island and the 2016 reforms. And special courts-martial with bad conduct discharges are common outcomes. The Army handles more cases administratively with Article 15s, general officer memorandums of reprimand, and separations. But, serious injury or a video goes to trial. Either way, the accused NCOs face relief for cause and the end of leadership careers.

Sixth, what to do? Say nothing to investigators or to the unit. Don’t discuss the incident with the other participants. That’s the fastest route to an obstruction charge. Don’t delete photos or messages. Preserve evidence of what the tradition was, who established it, and who in the chain of command knew, because that context matters to both guilt and sentencing. And get a lawyer who’s handled group cases, because the defense strategy depends on what the others are saying. At Gonzalez & Waddington, we’ve defended hazing cases at Lejeune, Pendleton, Okinawa, and Army posts across the country.

So, accused of hazing? It’s charged as assault, maltreatment, or a regulatory violation. Consent isn’t a defense, the Marine Corps prosecutes, and the group is the problem. Stay silent, stay away from the others, and get a lawyer. I’m Michael Waddington, a civilian military defense lawyer, former Army prosecutor and defense attorney, and co-founder of Gonzalez & Waddington. We’ve defended service members in some of the most challenging military criminal cases, including sexual assault, domestic violence, homicide, and other serious offenses. We’re also published authors on trial advocacy, cross-examination, and courtroom strategy. We know how military prosecutors build their cases, how commanders make decisions, and what it takes to mount an aggressive strategic defense when your freedom, reputation, and military career are on the line. If you’re under investigation, facing a court-martial, or fighting to save your military career, don’t wait until it’s too late to protect yourself. Visit ucmjdefense.com or call 1-800-921-8607 for a free, confidential consultation. Gonzalez & Waddington, hard-hitting, aggressive civilian military defense lawyers.

Talk to a military defense lawyer

Gonzalez & Waddington represents service members worldwide in courts-martial, investigations, and administrative separation boards. Michael Waddington, a former Army JAG officer, has been a lawyer for over 25 years. Call 1-800-921-8607 or visit ucmjdefense.com for a confidential consultation.

This article is general information, not legal advice. Every case is different, and reading it does not create an attorney-client relationship.

Accused of Hazing in the Military: What Do Marines and Soldiers Need to Know?

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