Ambernecia Warren

November 7, 2014
EDLD 8431
M. Copeland
Commentary
Hazing in Higher Education

Hazing has been occurring on various college campuses around the United States. There
are several statistics that have proven that hazing occurs on campus, someone has witness
hazing, been a part of hazing activity, or has been hazed. The issue of hazing has gone out of
control with different acts occurring on these campus that are physically or mentally detrimental
to those who participate. Greek Fraternities and Sororities and collegiate sports teams have used
hazing for students who are interested in join their organizations. Hazing has resulted into bodily
and mental harm for these new group incomers and is continuing on campuses without
knowledge of college landlords (i.e., the college that hazing is taken place). The issue is not only
when will hazing stop being a requirement to be inducted into these various collegiate
organizations, but also when will the colleges themselves take action when hazing occurs.
There have been several cases on hazing, including the 2011 death of a 26-year-old
Florida Agricultural and Mechanical University, or FAMU, band member killed by other band
members during a hazing ritual. The cause of death was internal bleeding caused by being beaten
severely on his chest, arms, back, and shoulders. This case is now an on-going trial with the
members charged for manslaughter.
In the case of Stacy Smith and Robert Smith, in the estate of Johnny Smith v. Delta Tau
Delta (2013), Johnny Smith was found deceased in the fraternity house of Delta Tau Delta, after
drinking numerous of beers and hard alcohol in the participation of a pledging drink night in the

week of Wabash Colleges homecoming in 2008. While a brother of Mr. Johnny Smith was
watching him, the brother left Mr. Smith in a state of being non-responsive. When he returned,
he found Mr. Smith deceased, lying in a pool of vomit. As a very important piece of this case, the
policy of Delta Tau Delta was included, stating
[n]o chapter of Delta Tau Delta shall indulge in any physical abuse or undignified
treatment (hazing) of its pledges or members. Hazing is defined as any action taken or
situation created intentionally, whether on or off Fraternity premises, to produce mental
or physical discomfort, embarrassment, harassment, or ridicule. Such activities and
situations include paddling in any form, creation of excessive fatigue, physical and
psychological shocks, quests, treasure hunts, scavenger hunts, road trips or any other such
activities, kidnapping of actives by pledges or pledges by actives as well as the forced
consumption of alcohol, wearing apparel which is conspicuous and not normally in good
taste, engaging in any public stunts and buffoonery, morally degrading or humiliating
games and activities, late work sessions which interfere with academic activity, and any
other activities which are not consistent with Fraternal law, Ritual, or policy with the
regulations and policies of the host educational institution (p. 5).
The court found that the trial court erred in granting Delta Tau Deltas motion for
summary judgment as there is a genuine issue of material fact that (1) an agency relationship
existed between the national fraternity and its local chapter and (2) the national fraternity
assumed a duty to protect its freshmen pledges (p. 26). This case was also supported by another
case, Yost v. Wabash College (2012), in which the plaintiff, Brian Yost, was creeked, which
involves taking a brother and place him underwater in nearby Sugar Creek generally done to
celebrate either his engagement or his twenty-first birthday. For this case, Yost proclaimed that it

was Wabashs duty to protect the members of the fraternity since the college leased the house to
the fraternity. The colleges defense was, Wabash does not directly oversee the daily activities
or organized events of any of the fraternities (p.8). From the two cases previously mentioned, it
seems as though the represented college does not take action upon the findings of fraternities
harming their organization members.
Colleges and universities should take full responsibility for the actions of the local Greek
organizations on campus. These organizations are not only representing the actual, but the
institution as well, regardless of the policies for these national Greek organizations. Institutions
have implemented policies that state that hazing is unacceptable, but make no claim to what the
consequences are if hazing occurs. In response to the issue mentioned earlier, hazing will not
stop being a requirement to join local Greek organizations as long as the national Greek
organizations are not prohibiting the act infinitely. Colleges and universities will also not take
actions upon such harmful behavior (suspending the organization), but will always refer back to
their policy of hazing being unacceptable or prohibited.

References
Brian Yost v. Wabash College, Phi Kappa Psi Fraternity, Inc., Phi Kappa Psi Fraternity - Indiana
Gamma Chapter at Wabash College, and Nathan Cravens, 54A01-1201-CT-31 (Indiana
October 2, 2012).
http://www.in.gov/judiciary/opinions/pdf/05281402bd.pdf

Stacy Smith and Robert Smith, Individually and as Co-Personal Representatives of the Estate of
Johnny Smith, deceased, v. Delta Tau Delta, 54A01-1204-CT-169 (Indiana May 8, 2013).
http://www.in.gov/judiciary/opinions/pdf/02131401bd.pdf