When Fraternity Hazing Goes Too Far

Many fraternities and sororities hold longstanding traditions for the initiation of new entrants, generally referred to as hazing, but what happens when these traditions cause injury or death ? Most colleges and universities have polices against hazing, and as does the Texas Education Code , but it is still a common occurrence in colleges and universities across the country.

Consider the Kappa Alpha Psi recruit in Maryland who sued a fraternity for $4 million for alleged hazing, and the family of a California State Northridge student who sued the university after their son died from what they claim was the result of fraternity hazing.

In the case of the California student, a park ranger found him dead in a national forest, where he had been hiking with fraternity brothers as part of an initiation ritual. His family believes his death was caused by hazing that went too far. The Maryland recruit was hospitalized after he was beaten and physically punished by his fraternity brothers. Hospital physicians claim he could have died if he had not sought medical treatment when he did.

If you or a loved one has suffered undue physical or emotional damage from hazing, here are some things to consider:

There are several claims that can be presented in hazing cases. Sometimes several parties may be involved. A skilled attorney who understands Texas law can advise you on who may be liable in your case.

One option is to focus on the individuals responsible for the injuries. These individuals, such as members of a fraternity, may be responsible for inflicting physical harm, assault, false imprisonment, or even emotional distress. These types of injuries are referred to as intentional torts and are the result of someone’s actions. A person suing for intentional torts could seek compensation for pain and suffering, medical expenses, lost wages, and punitive damages.

An individual can also be guilty of negligence, which can result from their failure to act. An example of negligence in a hazing case involves a bus driver who allegedly stood guard while a marching band member was beaten to death during a hazing ritual. In some states, individuals can be held liable by failing to report any hazing they have witnessed, which can be viewed as a form of negligence.

It is possible to sue a private organization or school that is responsible for the group conducting the hazing. An instance, in the case of the Cornell student who died after an alleged hazing ritual where he was forced to drink alcohol to the point of unconsciousness, his mother sued the fraternity, Sigma Alpha Epsilon, for the wrongful death of her son.

In Texas, there are special procedures to follow when suing a university or private school, like the Tort Claims Act, which states that a person has a limited amount of time after an injury or death occurs to file a notice of claim with the government. This gives the government an opportunity to respond to the injury claim. If your claim is denied, you may be able to file a civil court lawsuit.

Failure to follow these guidelines may prohibit you from filing a lawsuit. If you or your child has suffered injury from a hazing ritual, seek legal advice from a personal injury attorney immediately. Whether you plan to sue an organization, an individual, or both, a local attorney can give advice on the best way to handle your unique case.

The attorneys at Gordon, Elias, & Seely LLP are available in Houston and throughout the Gulf Coast to listen to your case. Call us for a free consultation at 800-773-6770.

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