Investigation of a Fraternity Hazing Allegation

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In an ideal world, where everyone is truthful and investigating agencies are actually interested in performing a complete investigation of a fraternity hazing allegation, life as a plaintiff’s attorney would be easy. Since we do not live in such a world, the job of representing victims of fraternity hazing is made more difficult when we are faced with what can best be described as a lack of enthusiasm on the part of the host college when it comes to investigating a charge of hazing that has been made against a local fraternity.

 

The following section is based on guidelines for investigation of hazing allegations that have been developed and published online by the University of Wisconsin at Oshkosh (2014) and by Stetson University (2007), as well as a summary of the legal issues involved in fraternity hazing that has also been published online by Arkansas Tech (undated).

 

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1. The best response to fraternity hazing is prevention by having a clear anti-hazing policy in place and communicating this policy to all students.

 

2. When a complaint regarding a possible hazing incident, either planned or having recently occurred, is received it should set in motion an active response from the college’s administration.

 

3. If the complaint refers to a planned event, those purported to be responsible for such planning should be informed by the college administration that such conduct is unacceptable and places all involved students and fraternities in jeopardy of academic and social sanctions. If the situation poses an immediate danger to the health and welfare of any student, the planned event should be ordered cancelled.

 

4. If the complaint refers to an incident that has already taken place, administration should have an established protocol that will ensure the alleged incident is investigated by representatives of administration and the campus police or campus security. If the incident occurred off-campus, the appropriate police will be informed and asked to participate in the investigation.

 

5, If the alleged hazing incident involved a serious injury or a fatality, the investigation must be led by the off-campus police agency having jurisdiction over the area in order to eliminate even the suggestion of a “coverup” type of investigation!

 

6. In the event that a campus-based investigation substantiates the allegation of hazing, the offending fraternity should be informed in writing of the investigation’s findings, the proposed sanctions, and the fraternity’s right to appeal. Even if the fraternity elects to appeal the college’s decision, the original decision of the college administration must be formally communicated to the fraternity’s national organization.

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Fraternity Hazing Discussion

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1. If a discussion of the dangers of hazing is presented to all students, during freshman orientation or some other gathering such as athletic team meetings, no student can later claim that they did not know of the college’s policy regarding hazing.

 

2. Every educational institution that does not have a written policy for dealing with hazing incidents could well find itself in a bad position with its liability insurance carrier and/or the federal Department of Education, among other agencies.

 

3. Any situation that could place a student in danger should, in theory, never be planned. If an organization such as a fraternity has planned such an event, they are automatically in violation of #1, above.

 

4. Even the report of a hazing incident should prompt an immediate suspension of all social events that are to be sponsored by the alleged offending fraternity while the incident is under investigation.

 

5. The fact that an investigation into a serious injury or death of a student should be lead by an impartial agency is nothing more than common sense because any findings absolving the college will be hard to accept by the public, including the 12 members of the public that happen to be serving on a jury that is hearing the lawsuit that will inevitably be filed.

 

6. Again, this should be a common sense action on the part of the college’s administration. The fraternity can always reschedule its initiation but it is impossible to reschedule a human life!

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As attorneys who represent the families of students who were either seriously injured, or even killed, by fraternity hazing, we see deliberate disregard for the safety of fraternity pledges on an all too regular basis. We have also heard every argument and excuse made by fraternities and their host colleges.

 

Until colleges and fraternities come to the realization that hazing is dangerous ant take the necessary steps to end fraternity hazing once and for all, families will be forced to attend funerals that did not have to happen.

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