Following Student's Hazing Death, University Officials Argue Protecting Students Off Campus Isn't Their Job

Should Florida A&M be held responsible for a student's death that resulted from a marching band hazing ritual?

Here are the rather disturbing details:

23. Before starting his “crossing over” phase of the hazing event, Mr. Champion had allowed himself to be subjected to a “hot seat” and had observed (or at least heard) two (2) other people (Mr. Hollis and noted female) being punched, kicked and hit with objects until they touched the back wall of the bus.

24. Nevertheless, Mr. Champion continued on with his participation in the hazing by standing up, removing his shirt, and allowing his bare chest and back to be “prepped” with “full force” slaps as Mr. Hollis had previously done.

25. After allowing himself to be “prepped,” Mr. Champion still continued on with his participation by making his way down the center aisle of the bus whilst being repeatedly punched, kicked, pulled and whipped by multiple people.

26. According to Plaintiff, “at some point between 9:30 p.m. and 9:46 p.m. [Mr. Champion] appeared at the doorway of the bus and began vomiting in the parking lot,” to which Defendant MILLETTE allegedly responded by “advis[ing] Mr. Champion “that he would be alright as she forced him back onto the bus.”

Thereafter, Mr. Champion “was subjected to additional physical punishment. The physical harm suffered by [Mr. Champion] after being forced back onto the bus cumulatively led to the fatal injuries suffered by [Mr. Champion].”

You have to wonder if the people who run this college have ever actually set foot on one. Have they ever heard of this thing called peer pressure? It sucks, and adults often try to belittle its significance and effect, but it’s a powerful thing. Especially for college students.

Anyone who’s ever been a part of club that uses a secret ritual (involving hazing or not) for better or worse knows you can’t simply not participate. It just doesn’t work that way. You can totally do your research ahead of time and think about whether or not the club itself is worth it, but once you’ve joined, it’s incredibly difficult (and isolating) to not go through the same thing everyone else has.

I’d say it’s better not to have such rituals at all, whether or not they constitute hazing. The school shouldn’t have let the marching band run an unofficial hazing ritual to begin with. Because claiming participation is “just a choice” is a gross over-simplification of group dynamics. (Example A: Rebel Without a Cause.)

To be fair, it sounds like the school did what it could to rectify the situation after Champion died. The school immediately suspended the entire marching band and strengthened its no-tolerance hazing policies. The university president resigned, and several band members are facing felony hazing charges.

The whole situation is very sad. And maybe the University isn’t entirely liable. In this kind of tragic situation, there’s no way the school could have completely avoided a claim from bereaved parents looking for someone to blame (and perhaps some deep pockets). But arguing in such a callous manner is not only unconvincing, it’s not going to win the school any popularity points either.

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Florida A&M requests dismissal of lawsuit filed by family in the hazing death of a drum major
[Associated Press]
Florida A&M: No Duty to Protect Students from Off-Campus Hazing [WSJ Law Blog]
DEFENDANT FAMU’S MOTION FOR SUMMARY FINAL JUDGMENT [Ninth Judicial Circuit – Orange County, Florida]

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