Monday, May 13

When a student dies due to hazing, is the university liable?

Hazing is used by many fraternities and sporting teams as a form of initiation or social bonding. Sororities have also joined in the fun, usually by having their new members execute humiliating deeds. According to one study, hazing occurs in roughly 55 percent of college students who participate in a sport, club, or group.

When hazing causes significant harm or death, the issue of liability arises. Most people assume that the university or institution that oversees the participating group is responsible. However, this is not always the case. Courts have ruled that universities can’t be liable for students’ actions during non-sanctioned functions.

When you have been injured in Toledo, you should consult with a legal professional about your options.

The Dangers of Hazing

Hazing was once considered a “process of passage” that included humiliating activities such as singing songs on the quad, dragging an upperclassman’s books around campus, and other somewhat offensive behavior.

Recent years have seen a rise in hazing, which may involve:

  • Drinking binge
  • Using illegal substances
  • Having sexual contact without consent
  • Engaging in risky conduct such as climbing walls or walking on roofs

Media outlets are filled with stories about students being hazed and injured or even dying.

Legal Responsibility for Hazing

Plaintiffs and their families may seek redress from the following parties:

  • Students. Any student who causes bodily harm to another is legally responsible for their actions. A pupil who sexually attacks your child, for example, could be charged with assault or battery. Intentionally inflicting mental distress, violation of privacy, and defamation are some of the other intentional torts.

  • University. The university could be held accountable for negligent security if a student is attacked or hurt.

  • Fraternity/Sorority. These groups are apart from the university. They could face legal consequences if they failed to prevent hazing or tolerated or promoted it.

There are differences among defendants. For instance, even if you win a case against a student who abused you, the student may not have enough money to compensate you. The lawyers might not be able to access their parents’ assets because some are legally adults.

When it comes to suing a university or a fraternity, things are slightly different. Both of these entities should be covered by liability insurance. In the case of a public university, you’ll need a lawyer who is experienced in suing public organizations.