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“I don't think parents are aware of what their kids are being asked to navigate, particularly when they go to college.” These words were spoken by Leslie Lanahan, mother of Gordie Bailey, a University of Colorado student who died in September 2004 as a result of alcohol poisoning after a fraternity hazing ritual. Gordie was a freshman pledge in Chi Psi fraternity. Several months following Bailey's death, the university's chapter of the fraternity was shut down. Furthermore, the university's interfraternity council lost its affiliation with the university after its leaders refused to agree to a series of reforms demanded by institutional administrators. Among the disputed reforms was a delay in recruitment until the spring semester and a requirement that each fraternity and sorority have a live-in adviser. Lanahan filed suit against the fraternity and some of its members, alleging negligence in the death of her son. In March 2009, the parties reached an out-of-court settlement (Lanahan v. Chi Psi Fraternity, 2008). The settlement acknowledged that the Chi Psi fraternity brothers hazed Bailey up until his death. The Lanahans then formed the Gordie Foundation, which is designed to raise awareness and raise funds for antihazing activities and initiatives. Subsequently, the foundation joined documentary filmmaker Pete Schuermann and produced the 2008 film Haze to bring further attention to Gordie's story and others of a similar nature. This entry examines scope of hazing and the legal issues surrounding it.

According to the antihazing group http://StopHazing.org, hazing is defined as “any activity expected of someone joining a group (or to maintain full status in a group) that humiliates, degrades or risks emotional and/or physical harm, regardless of the person's willingness to participate.” The nature and effects of hazing vary greatly. Examples of subtle hazing include deception, assigning demerits, silence periods or other social isolation, deprivation of privileges, and assigning tasks to newcomers that are not assigned to others. More harassing forms of hazing include verbal abuse, threats of abuse, sleep deprivation, requiring new members to wear embarrassing or humiliating attire, obligating them to perform skits or stunts, and mandating that they perform tasks for veteran members. According to http://StopHazing.org, the most serious and violent hazing activities includes sexual misconduct, public nudity, forced or coerced drug and alcohol consumption, branding, paddling or other physical assault, burning, and engaging in illegal activity. While hazing activities are most commonly connected with fraternities, sororities, and athletics teams, hazing does occur elsewhere, including in performing arts, academics, and other activities. Moreover, today, hazing and its effects have spread to cyberspace, where hazing activities themselves, like harassment and threats, occur online, and where photographs and videos of those activities are posted to social networking sites and to YouTube.

Criminal and Civil Liability

According to http://StopHazing.org, 44 states have enacted antihazing laws that apply to K-12 schools as well as colleges and universities. For example, Ohio's law defines hazing as “doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person” (Ohio Rev. Code Ann. § 2903.31; see also Ohio Rev. Code Ann. § 2307.44). Ohio's law, like the antihazing laws of many other states, imposes both criminal and civil liability on offenders, who are most often other students, and it is important to note that liability is imposed on administrators, staff members, and faculty members who permit such hazing to occur, either recklessly or negligently by failing to prevent it from happening.

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