Fraternity and Sorority Hazing Quick Links

Hazing is illegal in Michigan

You can go to jail for hazing?

What does “hazing death” mean?

Timeline: a brief historical tracing of fraternities

Fraternity and sorority hazing is wrong and against the law

Who can be held responsible for fraternity and sorority hazing?

How can I stop hazing?

Confidentiality and privacy when filing a hazing civil lawsuit

What is the deadline for filing a hazing civil lawsuit?

Why contact Steve Crane and Crane Law?

There is no fee until you win

What Is Fraternity & Sorority Hazing?

Since 2005, 77 young men have died in fraternity hazing deaths. In addition, hundreds of young men were injured because of fraternity hazing during this same time period, and oftentimes seriously so.

Hazing takes various forms, but the most well-known form is alcohol abuse.

Fraternities often include traditions that force pledges to drink enormous amounts of alcohol at once, which puts pledges at risk for serious harm.
Fraternity hazing can take seemingly less harmful forms of initiation, such as being ordered to perform menial or degrading tasks for a senior member. Another form of having is sleep deprivation and extreme physical exertion or forced consumption.

Other pledges have died falling down the stairs after only two hours of sleep, falling out windows, being forced into an early morning run after a night of partying, or attempting to walk across a narrow beam on a pedestrian bridge.

Other forms of hazing include:

• Forced consumption of any liquid or food
• Forced sleep deprivation or confinement
• Pressure to commit a crime or a degrading act
• Branding, cutting, or shaving any part of the body
• Forced nudity or partial nudity
• Simulation or actual commitment of a sexual act
• Requiring embarrassing behavior not required of other members

Hazing Is Illegal in Michigan

In Michigan hazing is illegal. The law is known as “Garret’s Law” for twelve-year-old Garret Drogosch. (See MCL 750.411t).

Hazing” means an intentional, knowing, or reckless act by a person acting alone or acting with others that is directed against an individual and that the person knew or should have known endangers the physical health or safety of the individual, and that is done for the purpose of pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization.

Garret’s Law is directed at groups whose members are at an educational institution where pledging or being initiated into is expected.

Education institution is broader than college membership in a Greek fraternity. “Educational institution” includes a public or private school that is a middle school, junior high school, high school, vocational school, college, or university located in this state.

Groups, where membership is based on pledging, are broader than just pledging to a fraternity or sorority. It includes pleading to an association, corporation, orders, society, corps, cooperative, club, service group, social group, athletic team, or similar group whose members are primarily students at an educational institution.

A “pledge” means an individual who has been accepted by, is considering an offer of membership from, or is in the process of qualifying for membership in any organization.

The act of “pledging” means any action or activity related to becoming a member of an organization.

It is not a defense to a prosecution for a crime under this section that the individual against whom the hazing was directed consented to or acquiesced in the hazing.

Any person who attends, is employed by, or is a volunteer of an educational institution shall not engage in or participate in the hazing of an individual.

Hazing includes any of the following that is done for such a purpose:

• Physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
• Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics, that subjects the other person to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual.
• Activity involving the consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the individual to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual.
• Activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime or an act of hazing.

You Can Go to Jail for Hazing?

Yes. The severity of the chargeable offense depends on the severity on harm inflicted on the victim. If the hazing results in physical injury, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both. If the hazing results in serious impairment of a body function, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both. If the results in death, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

What Does “Hazing Death” Mean?

Hazing death is the term for any hazing behavior that ends in wrongful death. The hazing may not be a direct cause in some deaths—hazing may just contribute to the individual’s harm. For example, when Tim Piazza fell down the stairs while looking for an exit, he fatally ruptured his spleen. While the fall itself was not part of the hazing ritual, his drunken stupor was—and thanks to the inaction of his ‘brothers,’ he was denied the medical help that would have saved his life.

Hazing is dangerous for the well-being of individuals. When a group or organization convinces an individual to sacrifice their independence for the sake of belonging or pledging, it makes them more likely to ignore their body’s natural sense of self-preservation. It’s how students have felt compelled to drink themselves to death or suffer serious harm.

Timeline: A Brief Historical Tracing of Fraternities

1776 – The first Greek letter organization, Phi Beta Kappa, is founded at the College of William & Mary

1825 – The first modern fraternity Kappa Alpha Society is formed at Union College. Its membership is composed entirely of students, and its members are bound by secret rituals.

1861 – By the beginning of the Civil War, fraternities have spread across higher education. Twenty-two fraternities have 299 chapters at 71 colleges in 25 states.

1873 – Mortimer Leggett, a student at Cornell University, dies from a steep fall during the initiation ritual. His death becomes the first widely reported hazing death of a fraternity member.

1943-44 – During WWII, an estimated 40 percent of fraternity chapters close.

1960s – Baby Boomers flood campuses and more fraternity chapters are formed than in any other decade since the 1920s. Still, in 1970, only 4.8 percent of undergraduate men are fraternity members. Studies from the time show they tend to be more economically and socially conservative than their classmates.

1978 – The movie Animal House is released, based on the experiences of former fraternity members from Dartmouth and other colleges. It fuels a resurgence in fraternity life.

1987 – National Greek leader alarmed by increases in fires, serious injuries, and sexual assaults, which in turn led to a growing number of lawsuits, form a risk-management group and layout national guidelines.

1990 – Fraternity membership reaches a record 400,000 students.

1993 – A national student survey estimates that 86 percent of fraternity members engage in binge drinking.

1997 – Phi Delta Theta becomes the first national fraternity to ban alcohol in its houses.

2000 – Fraternity membership falls to 350,000 following a decade of troubling behavior. The North-American Interfraternity Conference rolls out “Values in Action,” one of several efforts to refocus Greek life on academics and leadership.

2013 – Fraternity membership rebounds to 388,000 students.

2014 – To respond to continuing problems, the conference announces the creation of three commissions to devise solutions to the problems of alcohol abuse, sexual assault, and hazing in Greek Life.

Chronology taken from “The Chronicles of Higher Education,” September 2017, page 10

Fraternity & Sorority Hazing is Wrong & Against the Law

Fraternity hazing is illegal. In Michigan, fraternity hazing behavior is reflected in the way the law is written. Michigan’s Garret’s Law specifically makes it illegal to commit hazing behavior against “members are primarily students at an educational institution,” which includes fraternities, sororities, orders, societies, clubs, social groups, and athletic teams.

Fraternities may not inflict having on pledges, those being initiated into a fraternity, affiliating with fraternity, participating in fraternity, holding office in fraternity, or maintaining membership in any similar organization.

“Animal House” has been outlawed.

It is illegal for a fraternity to inflict any of the following on a pledge:

• Physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
• Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics, that subjects the other person to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual.
• Activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the individual to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual.

Who Can Be Held Responsible for Fraternity & Sorority Hazing?

A major challenge in the aftermath of a fraternity hazing injury or fraternity hazing death is identifying and bringing all responsible parties to justice. The stark reality is that a myriad of different parties may have contributed legally in some manner to the conduct or hazing that resulted in a pledge or another fraternity member (or even someone else) sustaining hazing injuries or even being killed.
Potentially responsible parties include:

• Fraternity chapter
• Individual members of fraternity chapter
• Fraternity chapter officers
• National fraternity organization
• College or university
• Bar, nightclub, tavern, or other establishment

How Can I Stop Hazing?

As a member, your responsibility is to ensure that you and your fellow members are open to changing your tightly held traditions. Just because you and your fellow fraternity members were forced to undergo abusive treatment doesn’t mean future pledges need to suffer the same. In the end, the best way to address hazing is to speak up. Hold each other accountable as individuals to the events you’re planning. As a pledge, speak with the head of student affairs or Greek life on your campus—and make sure you’re not just reporting your concerns to a student.

If your organization is unwilling to listen, you’ll need to report hazing behavior to campus authorities. Most students are unwilling to do the hard thing and report their ‘brothers,’ but reporting harmful behavior may end up saving lives—and that’s more important than saving a tradition.

Confidentiality & Privacy When Filing a Hazing Civil Lawsuit

In the college and university setting, you may be entitled to privacy under Federal Law. When possible, Steve will file your case as “Jane or John Doe.” This can keep your identity private, while still allowing you to pursue the deserved justice.

You need a skilled, qualified personal injury attorney to ensure that all parties that contributed to injuries, including fatal injuries, are fully held responsible for sorority hazing, sports hazing, and other types of harmful hazing incidents.

Contact Steve Crane and Crane Law now and be assured he and his team will discretely and in full confidence discuss your case. Steve and his team provide a safe and secure environment for you to discuss your needs with an attorney.

To schedule a discrete and confidential consultation about your matter, email or call us at (833) 855-4400.

What is the Deadline for Filing a Hazing Civil Lawsuit?

The “statute of limitations” is a term used by courts to describe the maximum amount of time plaintiffs can wait before bringing a lawsuit. This time limit is set by state law and is intended to promote fairness and keep old cases from clogging the courts. In the publication of private facts cases, the statute of limitations ordinarily runs from the date of first publication of the offending facts.

Because Michigan’s Wrongful Death Act does not include a statute of limitations, the statute of limitations for the underlying cause of action (i.e., negligence) applies. In the case of wrongful death actions based on general negligence, the statute of limitations is the general 3-year statute of limitations for injury to a person or property when reviewing. See Michigan Compiled Law 600.5805(2).

The statute of limitations varies for sexual abuse (which includes criminal sexual conduct and the broom-sticking of one’s rectum) and when the victim is a minor.

Michigan Compiled Law 600.5851b(1)(a) allows children (minors) until age 28 to file a civil lawsuit, or under section 5851b(1)(b), within three years of discovering the harm, whichever is later. See Michigan Compiled Law 600.5851b(1)(b).

MCL 600.5805(6) affords adult victims 10 years from the most recent incident of sexual abuse to bring a case against the abuser.

DISCLAIMER: The information in this blog is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Crane Law PLLC or Steve Crane, Esq. Neither your receipt of information from this website nor your use of this website to contact Crane Law PLLC or Steve Crane, Esq. creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.