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© APBnews.com
Jan. 20, 2000
By Sherry Karasik
NEW YORK (APBnews.com) -- Some college students are literally dying
to join national and local Greek letter societies. Increasingly,
fraternities, sororities and their members are being held accountable
for hazing-related injuries and fatalities in civil and criminal
courts.
"Laws are powerful deterrents and strengthen the hands of college
administrators. Put something tangible on the books and ... people
can't walk away from these life-threatening behaviors," said
Eileen Stevens.
Stevens, who lost her son in a hazing incident in 1978, waged a
largely one-woman crusade to get an anti-hazing law passed in New
York state.
Through their efforts, Stevens and other anti-hazing advocates can
take credit for criminalizing dangerous and abusive rites of passage
in 41 states, and for public education campaigns that have spurred
civil juries to award substantial compensation to victims.
Some recent high-profile cases show how far attitudes have changed
since the days when college administrators and the criminal justice
system viewed hazing fatalities as isolated cases of horseplay gone
wrong:
· In August, a jury ordered Omega Psi Phi Fraternity Inc.
to pay just under $1 million to Shawn Blackston, who had been severely
beaten while pledging the fraternity's University of Louisville chapter.
The university also banished the chapter from campus for 10 years.
· In July, Joseph Snell was awarded $375,000 in damages from
Omega Psi Phi after a hazing incident at its University of Maryland
chapter that included being beaten with a hammer, horsehair whip,
broken chair leg and hairbrush severely enough to need hospitalization.
The fraternity was also banned from the College Park, Md., campus
for five years.
· Last year, criminal charges were filed against the MIT
chapter of Phi Gamma Delta after freshman Scott Krueger died of alcohol
poisoning following a drinking marathon. The charges were dismissed
because the chapter permanently disbanded, but MIT yanked the diploma
of the fraternity member who had purchased the alcohol.
Anti-hazing advocates say that such deep-pocket settlements have
led universities, Greek letter societies and other campus organizations
to take a hard look at pledging rituals and to discourage those that
are injurious and illegal or both.
"The goal of the lawsuits," said Snell's attorney, Douglas
E. Fierberg, "is to not let a crime happen to someone else and
[to] cause organizations to take notice."
Fierberg said that how states define hazing is ambiguous, with charges
and penalties varying widely from state to state. Federal legislation,
he said, would create consistency in determining which activities
meet the legal threshold for hazing, as well as for penalties that
violators are subject to.
For example, Maryland's statute loosely
defines hazing as "any
act or causing any situation which recklessly or intentionally subjects
a student to the risk of serious bodily injury for the purpose of
initiation into a student organization of a school, college or university." A
misdemeanor, hazing carries a fine of up to $500, imprisonment up
to six months, or both.
Texas, on the other hand, details what the state considers to be
illegal hazing activity, including sleep deprivation; exposure to
the elements; confinement in a small space; consumption of food,
liquid or alcoholic beverage that may cause harm; and ostracism,
shame and humiliation.
The state has set stiff penalties. Failure to report hazing is punishable
by a fine of up to $1,000 or up to 180 days in jail, or both; bodily
injury can result in a fine ranging from $1,000 to $5,000, up to
a year in jail, or both; and in the case of fatal injury, up to $10,000,
one to two years imprisonment or both.
Even in states without anti-hazing statutes, victims may invoke
laws protecting themselves against intentional, reckless or negligent
conduct by others, Fierberg said. Still, charges cannot be brought
against the group as a whole.
Although colleges and universities have been named in several lawsuits,
Fierberg said that schools, for the most part, have successfully
sidestepped legal responsibility. One reason for this is that schools
haven't been obligated to assume a "parental" responsibility
for students since the 1970s, explained Michael Shonrock, dean of
students at Texas Tech University.
Still, laws in some states require universities to take an active
role in discouraging hazing. Florida, for instance, requires colleges
that receive financial assistance from the state to adopt a written
anti-hazing policy, to develop procedures to enforce the policy and
to adopt penalties for violators.
The Texas Tech student affairs handbook, for one, clearly spells
out the consequences of running afoul of the school's anti-hazing
policy: "Charges can be filed not only against the student organization
but against the president, the adviser, other individuals associated
with the incident, the inter/national affiliate if there is such,
as well as the university. The adviser and president of each organization
must be aware that the burden of legal liability rests with them."
"Lawsuits negatively impact fraternities with high settlement
costs and damaged reputations, regardless of [the] merits of [the]
allegations. But [lawsuits] also allow organizations and universities
to focus [on] what to do to prevent and educate students," said
Art Hoge, attorney for Sigma Nu, a national fraternity.
Sigma Nu did not carry liability insurance until 12 years ago. But
the threat of lawsuits forced the fraternity to allocate $300,000
out of its annual budget for coverage.
At least that fraternity can get coverage. According to Fierberg,
Omega Psi Phi is no longer insurable because of the number of successful
lawsuits brought against the fraternity.
Sherry Karasik is an APBnews.com correspondent in New Jersey.
Douglas E. Fierberg is a trial lawyer and partner in the Washington,
D.C. law firm of Bode & Grenier, L.L.P., Mr. Fierberg represents
victims of hazing, personal injury and other campus crimes, and serves
as counsel for certain national sororities which have committed to
end hazing.
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