Hazing in Texas: A Comprehensive Legal Guide for Niederwald Families
If Your Student Was Hazed at a Texas University, This Guide Is For You
Imagine receiving a call at 2 AM. Your child, a student at Texas State University in San Marcos—just minutes from our Niederwald community—is in the emergency room. They can’t stand without help. They’re passing brown urine. Hours earlier, they were at a fraternity event where they were forced through hundreds of squats and push-ups, sprayed in the face with a hose “like waterboarding,” and made to consume food until vomiting. This isn’t a hypothetical scenario. It’s exactly what happened to Leonel Bermudez at the University of Houston’s Pi Kappa Phi chapter in fall 2025—a case our firm is actively litigating right now.
For parents in Niederwald, Hays County, and throughout Central Texas, the reality of modern hazing hits close to home. Our children attend Texas State University in San Marcos, the University of Texas at Austin, Texas A&M University, and other campuses where Greek life and tradition organizations play significant roles in campus culture. When these institutions fail to protect students, families need answers, accountability, and experienced legal guidance.
This comprehensive guide explains what hazing really looks like in 2025, how Texas law applies to these cases, what we’ve learned from national tragedies, and most importantly—what your legal options are if hazing has impacted your family. We’ll focus specifically on the universities where Niederwald families send their children and provide actionable information you can use right now.
IMMEDIATE HELP FOR HAZING EMERGENCIES
If your child is in danger RIGHT NOW:
- Call 911 for medical emergencies
- Then call Attorney911: 1-888-ATTY-911 (1-888-288-9911)
- We provide immediate help – that’s why we’re the Legal Emergency Lawyers™
In the first 48 hours:
- Get medical attention immediately, even if the student insists they are “fine”
- Preserve evidence BEFORE it’s deleted:
- Screenshot group chats, texts, DMs immediately
- Photograph injuries from multiple angles
- Save physical items (clothing, receipts, objects)
- Write down everything while memory is fresh (who, what, when, where)
- Do NOT:
- Confront the fraternity/sorority
- Sign anything from the university or insurance company
- Post details on public social media
- Let your child delete messages or “clean up” evidence
Contact an experienced hazing attorney within 24–48 hours:
- Evidence disappears fast (deleted group chats, destroyed paddles, coached witnesses)
- Universities move quickly to control the narrative
- We can help preserve evidence and protect your child’s rights
- Call 1-888-ATTY-911 for immediate consultation
What Hazing Really Looks Like in 2025: Beyond the Stereotypes
Modern Hazing Isn’t Just “Boys Will Be Boys”
For families in Niederwald and throughout Central Texas, understanding contemporary hazing means looking beyond outdated stereotypes. Today’s hazing involves sophisticated manipulation, digital coercion, and psychological abuse that can leave lasting trauma even when no physical marks are visible.
Hazing is any forced, coerced, or strongly pressured action tied to joining, keeping membership, or gaining status in a group, where the behavior endangers physical or mental health, humiliates, or exploits. Crucially, “I agreed to it” does not automatically make it safe or legal when there’s peer pressure and power imbalance at play.
The Five Categories of Modern Hazing
1. Alcohol and Substance Hazing
This remains the deadliest form of hazing. What starts as “just drinking with the brothers/sisters” becomes coercive when:
- New members are forced to consume entire bottles of alcohol during “Big/Little” nights
- “Lineup” drinking games require rapid consumption
- Wrong answers in trivia games mean mandatory shots
- Students are pressured to consume unknown or mixed substances
The Leonel Bermudez case at University of Houston involved forced consumption of milk, hot dogs, and peppercorns until vomiting—a classic food/alcohol combination hazing tactic.
2. Physical Hazing
This goes beyond traditional paddling to include:
- “Workouts” or “smokings” far beyond normal conditioning (like the 100+ push-ups and 500 squats in the Bermudez case)
- Sleep deprivation through all-night “study sessions” or 3 AM wake-up calls
- Food/water restriction as punishment
- Exposure to extreme temperatures (being left outside in cold weather)
- Being sprayed with hoses or subjected to waterboarding-like treatment
3. Sexualized and Humiliating Hazing
Some of the most psychologically damaging hazing includes:
- Forced nudity or partial nudity
- Simulated sexual acts or degrading positions
- “Roasted pig” restraint positions
- Acts with racial, sexist, or homophobic overtones
- Public shaming on social media or in group meetings
4. Psychological Hazing
This subtle but damaging category includes:
- Verbal abuse, screaming, and constant criticism
- Isolation from non-member friends and family
- Manipulation through guilt and loyalty appeals
- Forced confessions of personal information
- Threats of expulsion from the organization for non-compliance
5. Digital/Online Hazing
The newest frontier in hazing leverages technology:
- Group chat dares and “challenges” that require instant compliance
- Public humiliation via Instagram stories, TikTok videos, or Snapchat
- Pressure to create or share compromising images
- 24/7 availability demands through messaging apps
- Location tracking requirements through apps like Find My Friends
Where Hazing Happens in Texas Universities
While fraternities receive most media attention, hazing occurs across campus organizations:
- Fraternities and Sororities (IFC, Panhellenic, NPHC, multicultural Greek councils)
- Corps of Cadets and ROTC programs
- Spirit squads and tradition organizations (like Texas Cowboys at UT)
- Athletic teams (from football to cheerleading)
- Marching bands and performance groups
- Some academic, service, and cultural organizations
For Niederwald families with students at Texas State University, this means vigilance is required beyond just Greek life. The social status, tradition, and secrecy surrounding these practices keep them alive even when everyone “knows” hazing is illegal.
Texas Hazing Law: What Niederwald Families Need to Know
Texas Education Code Chapter 37: Your Legal Foundation
Under Texas law—which governs cases involving Niederwald students at any Texas university—hazing has a specific legal definition that goes beyond common understanding. According to Texas Education Code Chapter 37, Subchapter F:
Hazing means any intentional, knowing, or reckless act, on or off campus, by one person alone or with others, directed against a student, that:
- Endangers the mental or physical health or safety of a student, AND
- Occurs for the purpose of pledging, initiation into, affiliation with, holding office in, or maintaining membership in any organization whose members include students.
Key points for Niederwald families:
- Location doesn’t matter—hazing at an off-campus house in San Marcos or Austin is still illegal
- Mental harm counts just like physical harm
- “Reckless” behavior qualifies—they don’t need to have intended harm
- Most importantly: Consent is NOT a defense (Texas Education Code § 37.155)
Criminal Penalties Under Texas Law
Texas takes hazing seriously with escalating penalties:
- Class B Misdemeanor: Hazing that doesn’t cause serious injury (up to 180 days jail, fine up to $2,000)
- Class A Misdemeanor: If hazing causes injury requiring medical treatment
- State Jail Felony: If hazing causes serious bodily injury or death
Additional criminal provisions:
- Failing to report hazing if you’re a member or officer: misdemeanor
- Retaliating against someone who reports: misdemeanor
- Organizations can be fined up to $10,000 per violation
Civil vs. Criminal Cases: Understanding the Difference
Criminal Cases:
- Brought by the state (prosecutor)
- Aim: Punishment (jail, fines, probation)
- Typical charges: hazing, furnishing alcohol to minors, assault, battery, manslaughter in fatal cases
- Example: Harris County prosecutors could file charges for UH Pi Kappa Phi hazing
Civil Cases:
- Brought by victims or surviving families
- Aim: Monetary compensation and accountability
- Focus on: negligence, wrongful death, negligent supervision, premises liability, emotional distress
- No criminal conviction required to pursue civil case
Many hazing cases involve both tracks running simultaneously. The recent University of Houston Pi Kappa Phi case we’re litigating involves both potential criminal investigation and our civil lawsuit seeking accountability and compensation.
Federal Law Overlay: Additional Protections
Stop Campus Hazing Act (2024)
This federal legislation requires colleges receiving federal aid to:
- Report hazing incidents more transparently
- Strengthen hazing education and prevention
- Maintain public hazing data (phased in by around 2026)
Title IX and Clery Act
When hazing involves:
- Sexual harassment or assault
- Gender-based hostility
- Certain criminal activities
These federal frameworks create additional reporting requirements and potential liability for universities. For Niederwald students at Texas State University or UT Austin, this means multiple layers of potential protection and accountability.
Who Can Be Liable in a Civil Hazing Lawsuit?
Understanding potential defendants is crucial for families considering legal action:
1. Individual Students
- Those who planned, supplied alcohol, carried out acts, or helped cover up
- Chapter officers often face greater liability
2. Local Chapter/Organization
- The fraternity/sorority or club itself (if incorporated)
- Housing corporations that own chapter houses
3. National Fraternity/Sorority Headquarters
- Organizations that set policies, receive dues, and supervise chapters
- Liability often hinges on what they knew or should have known from prior incidents
4. University or Governing Board
- Schools may be liable under negligence or civil-rights theories
- Key factors: prior warnings, policy enforcement, deliberate indifference
- Public universities (UH, Texas A&M, UT) have some sovereign immunity but exceptions exist
5. Third Parties
- Landlords/owners of event spaces
- Bars or alcohol providers (under dram shop laws)
- Security companies or event organizers
In our ongoing University of Houston case, we’ve named 17 defendants including individual members, chapter officers, Pi Kappa Phi national headquarters, the Beta Nu housing corporation, the University of Houston, and the UH System Board of Regents. This comprehensive approach ensures all responsible parties are held accountable.
National Hazing Cases: Patterns That Repeat at Texas Universities
Why National Case History Matters for Niederwald Families
When your child is hazed at a Texas university, you’re not facing an isolated incident. You’re confronting a pattern that has repeated across the country for decades. National case histories matter because they show:
- Foreseeability: The same dangerous behaviors keep happening
- Institutional knowledge: National organizations know these risks exist
- Legal precedents: Courts have established liability frameworks
- Settlement values: Similar cases have resulted in significant compensation
Alcohol Poisoning Deaths: The Deadliest Pattern
Stone Foltz – Bowling Green State University, Pi Kappa Alpha (2021)
- 20-year-old pledge forced to consume entire bottle of alcohol during “Big/Little” night
- Died from alcohol poisoning
- $10 million settlement ($7M from Pi Kappa Alpha national, ~$3M from BGSU)
- Takeaway for Texas families: The same fraternity (Pi Kappa Alpha) has chapters at UT Austin, Texas A&M, and other Texas schools. The “Big/Little” drinking tradition that killed Stone Foltz exists in Texas chapters too.
Max Gruver – LSU, Phi Delta Theta (2017)
- Pledge forced to participate in “Bible study” drinking game
- Wrong answers = forced drinking
- Died from alcohol toxicity (BAC 0.495%)
- $6.1 million verdict for family
- Louisiana enacted Max Gruver Act (felony hazing statute)
- Takeaway: Drinking games framed as “education” or “tradition” are still deadly hazing
Andrew Coffey – Florida State University, Pi Kappa Phi (2017)
- Pledge died from acute alcohol poisoning during “Big Brother Night”
- Pledges given handles of hard liquor
- FSU temporarily suspended all Greek life
- Takeaway: The same national organization (Pi Kappa Phi) involved in the UH case we’re litigating has this death in its history
Physical and Ritualized Hazing: Beyond Alcohol
Chun “Michael” Deng – Baruch College, Pi Delta Psi (2013)
- Pledge subjected to violent blindfolded “glass ceiling” ritual at retreat
- Suffered fatal head injuries; help delayed
- National fraternity convicted of aggravated assault and involuntary manslaughter
- Pi Delta Psi banned from Pennsylvania for 10 years
- Takeaway: Off-campus “retreats” can be particularly dangerous, and national organizations face serious consequences
Danny Santulli – University of Missouri, Phi Gamma Delta (2021)
- 18-year-old pledge forced to consume excessive alcohol during “pledge dad reveal”
- Suffered severe, permanent brain damage (cannot walk, talk, or see; requires 24/7 care)
- Family settled with 22 defendants for confidential multi-million dollar amounts
- Takeaway: Non-fatal hazing can result in catastrophic, lifelong injuries requiring enormous compensation
Athletic Program Hazing: Not Just Greek Life
Northwestern University Football (2023–2025)
- Former players alleged sexualized, racist hazing within football program
- Multiple lawsuits against university and staff
- Head coach Pat Fitzgerald fired, then settled wrongful-termination suit confidentially
- Takeaway for Texas families: Hazing occurs in big-money athletic programs too. Texas universities with major sports programs need scrutiny.
What These Cases Mean for Texas Universities
These national precedents create a legal landscape where:
- Universities and national organizations have clear notice of hazing risks
- Pattern evidence from other campuses strengthens Texas cases
- Settlement values are established ($1M–$14M range for deaths)
- Institutional reforms often follow only after tragedy and litigation
For Niederwald families with students at Texas universities, these cases provide both warning and precedent. The same dangerous behaviors that caused deaths and injuries elsewhere are happening at Texas schools too.
Texas University Focus: Where Niederwald Students Attend
Understanding Your Child’s Campus Environment
Niederwald families typically send students to universities throughout Central Texas and beyond. Understanding each campus’s specific Greek life environment, history of hazing incidents, and reporting procedures is crucial for prevention and response.
Texas State University (San Marcos, TX)
Just minutes from Niederwald in Hays County
5.1.1 Campus & Culture Snapshot
Texas State University serves as the primary university for many Niederwald students due to its proximity in San Marcos. With growing Greek life and numerous student organizations, Texas State represents both opportunity and risk for local students.
5.1.2 Official Hazing Policy & Reporting
Texas State University prohibits hazing under University Policy 04.01.11. The university defines hazing broadly and requires all student organizations to comply with state law. Reporting channels include:
- Dean of Students Office
- University Police Department
- Online reporting forms
- Student Justice Office
5.1.3 Documented Incidents & Responses
While Texas State maintains lower profiles than larger universities, hazing incidents have occurred:
- Fraternity suspensions for alcohol-related hazing
- Organizational probation for violating risk management policies
- Ongoing education efforts through Bobcat Preview and orientation programs
5.1.4 How a Texas State Hazing Case Might Proceed
For Niederwald families:
- Jurisdiction: Hays County courts typically handle cases
- Local police: San Marcos Police Department and Texas State University Police
- Potential defendants: Similar to other universities—individuals, chapters, nationals, potentially the university
- Evidence collection: Crucial given typical off-campus locations in San Marcos
5.1.5 What Texas State Students & Parents Should Do
- Document everything immediately (photos, texts, medical records)
- Report to both Texas State administration AND San Marcos police if crimes occurred
- Understand that off-campus housing doesn’t eliminate university responsibility
- Contact experienced counsel familiar with Hays County jurisdiction
University of Texas at Austin (Austin, TX)
Approximately 45 minutes from Niederwald
5.2.1 Campus & Culture Snapshot
UT Austin represents a major destination for high-achieving Niederwald students. With one of the largest and most historic Greek systems in Texas, UT offers both prestigious opportunities and documented hazing risks.
5.2.2 UT’s Transparent Hazing Violations Page
UT maintains a public Hazing Violations page listing organizations, dates, conduct, and sanctions. This transparency, while commendable, reveals ongoing issues:
- Pi Kappa Alpha (2023): New members directed to consume milk and perform strenuous calisthenics; chapter probation
- Texas Wranglers: Multiple sanctions for alcohol-related hazing
- Various fraternities and sororities with probationary status
5.2.3 Recent Significant Incident: Sigma Alpha Epsilon (2024)
- Australian exchange student allegedly assaulted at SAE party
- Injuries included dislocated leg, broken ligaments, fractured tibia, broken nose
- Student sued SAE chapter for over $1 million
- Chapter already under suspension for prior violations
- Takeaway for Niederwald families: Even prestigious fraternities at elite universities engage in dangerous behavior
5.2.4 How a UT Austin Hazing Case Might Proceed
- Jurisdiction: Travis County courts
- Police involvement: UTPD and Austin Police Department
- Advantage: UT’s public violation history provides pattern evidence
- Challenge: University’s size and bureaucracy can complicate responses
5.2.5 What UT Austin Students & Parents Should Do
- Check UT’s hazing violations page for organization history before joining
- Report through multiple channels (UTPD, Dean of Students, online forms)
- Document everything—UT’s size means cases can get lost without thorough evidence
- Consider that Austin’s off-campus housing market creates additional liability questions
University of Houston (Houston, TX)
Approximately 2.5 hours from Niederwald
5.3.1 The Flagship Case: Leonel Bermudez v. UH & Pi Kappa Phi
Our firm is currently litigating one of Texas’s most significant hazing cases at UH. The details demonstrate extreme hazing that every Texas family should understand:
The Hazing Conduct:
- “Pledge fanny pack” rule with degrading contents (condoms, sex toy, nicotine devices)
- Enforced dress codes, hours-long “study/work” blocks, overnight driving duties
- Extreme physical abuse: sprints, bear crawls, wheelbarrow races, cold-weather exposure in underwear
- Violent rituals: lying in vomit-soaked grass, sprayed in face with hose “similar to waterboarding”
- Forced consumption: milk, hot dogs, peppercorns until vomiting, then immediate sprints
- Nov 3 workout: 100+ push-ups, 500 squats under threat of expulsion
Medical Catastrophe:
- Bermudez developed rhabdomyolysis (severe muscle breakdown) and acute kidney failure
- Passed brown urine, couldn’t stand without help
- Hospitalized for four days with critically high creatine kinase levels
- Ongoing risk of permanent kidney damage
Defendants and Response:
- 17 defendants: UH, UH System Board of Regents, Pi Kappa Phi national, housing corporation, 13 individual members
- Nov 6, 2025: Pi Kappa Phi HQ suspends Beta Nu chapter
- Nov 14, 2025: Chapter votes to surrender charter; chapter shut down
- UH statement: Conduct “deeply disturbing,” promises disciplinary measures and cooperation with law enforcement
5.3.2 What the UH Case Means for Niederwald Families
- Demonstrates extreme hazing happens at Texas universities
- Shows comprehensive legal approach (suing all responsible parties)
- Illustrates medical consequences of physical hazing
- Provides precedent for other Texas cases
Texas A&M University (College Station, TX)
Approximately 2 hours from Niederwald
5.4.1 Unique Culture: Corps of Cadets and Greek Life
Texas A&M presents unique hazing risks through both traditional Greek life and its Corps of Cadets program. Niederwald students attending A&M may encounter both environments.
5.4.2 Corps of Cadets Hazing Incident (2023)
- Cadet alleged degrading hazing including simulated sexual acts
- Bound between beds in “roasted pig” pose with apple in mouth
- Sought over $1 million in damages
- Texas A&M stated it handled matter under its rules
- Takeaway: Military-style programs have their own hazing traditions and risks
5.4.3 Sigma Alpha Epsilon Chemical Burns Case (2021)
- Two pledges alleged forced strenuous activity
- Substances including industrial-strength cleaner, raw eggs, spit poured on them
- Caused severe chemical burns requiring skin graft surgeries
- Pledges sued fraternity for $1 million
- Fraternity suspended for two years
- Takeaway: Hazing methods evolve to include dangerous substances
5.4.4 How Texas A&M Cases Differ
- Corps jurisdiction: Military-style discipline complicates civil actions
- University culture: Strong tradition can normalize harmful behaviors
- Geographic isolation: College Station’s environment affects investigation dynamics
Baylor University (Waco, TX)
Approximately 1.5 hours from Niederwald
5.5.1 Religious Identity and Oversight Challenges
Baylor’s religious affiliation and history of scrutiny over misconduct create a complex environment for hazing response.
5.5.2 Baseball Hazing Incident (2020)
- 14 players suspended following hazing investigation
- Suspensions staggered over early season
- Specific details not fully publicized
- Part of broader cultural scrutiny following football scandal
5.5.3 Considerations for Baylor Cases
- Private university status affects transparency
- Religious branding can influence institutional response
- Waco’s legal environment differs from larger metropolitan areas
Fraternities and Sororities: National Histories Matter
Why National Organization History Is Critical
When a Texas chapter hazes students, that chapter doesn’t exist in isolation. It’s part of a national organization with its own history, policies, and patterns of misconduct. This history matters legally because it establishes:
Foreseeability
National organizations know certain behaviors are dangerous because they’ve caused injuries and deaths at other chapters. When they fail to prevent those same behaviors at Texas chapters, that’s negligence.
Pattern Evidence
Multiple incidents across different campuses show systemic issues rather than isolated “bad apples.”
Punitive Damages Potential
When nationals ignore clear patterns of dangerous behavior, courts may award punitive damages to punish and deter.
Major National Organizations at Texas Universities
Pi Kappa Alpha (Pike)
- National history: Stone Foltz death (BGSU), David Bogenberger death (NIU), multiple other incidents
- Texas chapters: UT Austin, Texas A&M, Texas Tech, others
- Pattern: “Big/Little” drinking nights, alcohol hazing
- Legal significance: $10M Foltz settlement shows national liability
Sigma Alpha Epsilon (SAE)
- National history: Multiple hazing deaths, traumatic brain injury case (Alabama), chemical burns case (Texas A&M)
- Texas chapters: Most major Texas universities
- Pattern: Physical abuse, dangerous substance exposure
- 2014 reform: Eliminated traditional pledge process nationally (shows recognition of problem)
Pi Kappa Phi
- National history: Andrew Coffey death (FSU), now Leonel Bermudez case (UH)
- Texas chapters: University of Houston (now closed), other campuses
- Pattern: Physical endurance hazing, alcohol coercion
- Current relevance: Active litigation by our firm shows ongoing issues
Phi Delta Theta
- National history: Max Gruver death (LSU)
- Texas chapters: Multiple campuses
- Pattern: Drinking game hazing
- Legislative impact: Gruver case led to Louisiana felony hazing law
Kappa Sigma
- National history: Chad Meredith drowning death (Miami), $12.6M verdict
- Texas chapters: All major Texas universities
- Pattern: Alcohol-related risks, swimming while intoxicated
- Legal precedent: Meredith case established significant damage awards
How National History Strengthens Texas Cases
In Discovery
We subpoena national organizations for:
- Prior incident reports at other chapters
- Risk management files showing what they knew
- Communications about hazing prevention (or lack thereof)
- Training materials that may have been inadequate
In Negotiations
Pattern evidence increases settlement leverage. When we can show “this same behavior killed someone at another chapter last year,” defendants understand their vulnerability.
At Trial
Juries respond to patterns. Showing that a national organization ignored clear warnings from other tragedies makes them more likely to award significant damages.
For Niederwald families, understanding that their child’s local chapter is part of a national network with documented problems is crucial. It means your case isn’t just about one bad night—it’s about systemic failure.
Building a Hazing Case: Evidence, Strategy, and Damages
The Evidence That Wins Cases
Modern hazing cases turn on evidence preservation. What you do in the first 48 hours often determines the case outcome.
Digital Evidence (Most Critical)
- Group chats: GroupMe, WhatsApp, iMessage, Discord messages
- Social media: Instagram stories, Snapchat, TikTok, Facebook posts
- Texts/DMs: Direct messages planning events or discussing what happened
- Photos/videos: Content filmed during hazing (often exists even if deleted)
- Location data: GPS information from phones or apps
- Deleted content: Digital forensics can often recover “deleted” messages
In the UH Pi Kappa Phi case, group chat evidence showed planning of hazing activities, discussions of what happened, and attempts to coordinate stories afterward.
Physical Evidence
- Medical records: ER reports, hospitalization records, lab results (like elevated creatine kinase showing rhabdomyolysis)
- Injury documentation: Photos of bruises, burns, other injuries
- Objects used: Paddles, alcohol bottles, costumes, “fanny packs” with required contents
- Clothing: Stained or damaged clothing from the event
- Receipts: For alcohol purchases or other required items
Institutional Records
- University files: Prior conduct violations, probation records, warning letters
- National organization records: Incident reports, risk management files, training materials
- Police reports: Campus or local police incident reports
- Insurance policies: Coverage information for organizations and individuals
Witness Testimony
- Other pledges: Often afraid initially but may cooperate as case develops
- Former members: Those who left the organization often have valuable information
- Roommates/RA: People who observed changes or heard discussions
- Medical providers: Doctors, nurses, EMTs who treated injuries
Understanding Damages in Hazing Cases
Economic Damages (Calculable Losses)
- Medical expenses: Past and future treatment, hospitalization, therapy, medications
- Lost income: Wages lost during recovery or due to disability
- Educational impact: Tuition for semesters missed, lost scholarships, delayed graduation
- Future earning capacity: Reduced lifetime earnings if injuries cause permanent disability
Non-Economic Damages (Subjective but Real)
- Physical pain and suffering: From injuries sustained
- Emotional distress: PTSD, depression, anxiety, humiliation
- Loss of enjoyment of life: Can’t participate in activities they once enjoyed
- Reputational harm: Social stigma and embarrassment
Wrongful Death Damages (For Families)
- Funeral and burial expenses
- Loss of financial support: If deceased would have contributed to family
- Loss of companionship and guidance: For parents, siblings, spouses
- Emotional suffering: Grief, trauma of losing a child
Punitive Damages (When Available)
- Purpose: Punish especially reckless or intentional conduct
- When awarded: Defendants had clear warnings, showed callous indifference, tried to cover up
- Texas caps: Some limitations apply but significant awards possible
Settlement Values: What Similar Cases Have Achieved
Based on national precedents and our experience:
-
Hazing deaths: $1M–$14M settlements/verdicts
- Stone Foltz: $10M total
- David Bogenberger: $14M
- Max Gruver: $6.1M verdict plus confidential settlements
- Chad Meredith: $12.6M jury verdict
-
Severe injuries: $375K–multi-million
- Danny Santulli: Multi-million settlements with 22 defendants
- Chemical burn cases: $1M+ demands
- Traumatic brain injuries: Multi-million dollar values
-
Individual officer liability: Personal exposure
- Daylen Dunson (Pike president): Personally ordered to pay $6.5M
These figures aren’t guarantees but show what courts and juries have deemed appropriate for similar harms.
Insurance Coverage: The Hidden Battle
Fraternities, sororities, and universities typically have insurance policies that complicate cases:
Common Insurance Arguments:
- “Hazing is an intentional act, so coverage is excluded”
- “This happened at an uninsured location”
- “That defendant isn’t covered under our policy”
- “The policy limits are too low for these damages”
Our Insider Advantage:
Mr. Lupe Peña, our associate attorney, spent years as an insurance defense attorney at a national firm. He knows:
- How insurers value claims and set reserves
- Their delay tactics to pressure plaintiffs
- How they use Independent Medical Exams (IMEs) to reduce values
- Coverage arguments and how to counter them
This insider knowledge is invaluable when negotiating with fraternity and university insurance companies.
Practical Guides for Niederwald Families
For Parents: Warning Signs and Response
Warning Signs Your Child May Be Being Hazed:
- Physical: Unexplained bruises, burns, or injuries; extreme fatigue; weight changes; sleep deprivation
- Behavioral: Sudden secrecy about activities; withdrawal from family/friends; personality changes; defensiveness
- Academic: Grades dropping; missing classes; losing scholarships
- Digital: Constant phone monitoring; anxiety about messages; deleting history obsessively
How to Talk to Your Child:
- Choose timing carefully: Not when they’re rushing to an event
- Ask open questions: “How are things going with [organization]?” not “Are they hazing you?”
- Listen without judgment: If they open up, don’t react with anger at them
- Emphasize safety: “Your health matters more than any organization”
- Offer unconditional support: “We’ll figure this out together”
If You Suspect Hazing:
- Document everything your child tells you (dates, times, details)
- Preserve evidence they show you (screenshot texts, photograph injuries)
- Get medical attention if there are any physical concerns
- Consult an attorney before reporting to understand options
- Do NOT confront the organization—this usually backfires
For Students: Safety and Rights
Is This Hazing? Quick Self-Check:
- Am I being forced or pressured to do something?
- Would I do this if there were no social consequences?
- Is this dangerous, degrading, or illegal?
- Would my parents/university approve if they knew?
- Am I being told to keep secrets?
If you answered yes to any, it’s likely hazing.
How to Exit Safely:
- Tell someone outside the organization first (parent, RA, friend)
- Send written notice to chapter president: “I resign my membership effective immediately”
- Do NOT go to “one last meeting”—this is often a pressure tactic
- Document any retaliation (threats, harassment, property damage)
- Report retaliation to university and police if necessary
Your Legal Rights in Texas:
- You cannot be punished for calling 911 in an emergency (good-faith immunity)
- Consent is not a defense to hazing charges
- You can request no-contact orders through the university
- You have 2 years generally to file a civil lawsuit (but act faster)
Critical Mistakes That Can Destroy Your Case
1. Deleting Evidence
What happens: Your child deletes “embarrassing” texts or photos
Why it’s devastating: Looks like cover-up; may be obstruction of justice; loses strongest evidence
What to do instead: Preserve EVERYTHING immediately
2. Confronting the Organization
What happens: Parents angrily call the chapter president
Why it’s devastating: They immediately lawyer up, destroy evidence, coach witnesses
What to do instead: Document quietly, then consult attorney
3. Signing University “Resolution” Forms
What happens: University offers quick “resolution” if you sign waiver
Why it’s devastating: You may waive right to sue; settlements are typically lowball
What to do instead: “I need to consult with an attorney first”
4. Posting on Social Media
What happens: Family vents on Facebook about what happened
Why it’s devastating: Defense attorneys screenshot everything; inconsistencies hurt credibility
What to do instead: Document privately; let attorney control messaging
5. Waiting “To See What University Does”
What happens: University says “we’re investigating” for months
Why it’s devastating: Evidence disappears, witnesses graduate, statute runs
What to do instead: Preserve evidence NOW; consult attorney immediately
6. Talking to Insurance Adjusters
What happens: Adjuster calls for “just a quick statement”
Why it’s devastating: Recorded statement used against you; early settlement is lowball
What to do instead: “Please contact my attorney”
Frequently Asked Questions
“Can we sue a Texas university for hazing?”
Yes, under certain circumstances. Public universities (UT, Texas A&M, UH) have sovereign immunity but exceptions exist for gross negligence, Title IX violations, and when suing individuals. Private universities (Baylor, SMU) have fewer immunity protections. Each case depends on specific facts.
“Is hazing a felony in Texas?”
It can be. Texas law makes hazing a Class B misdemeanor by default, but it becomes a state jail felony if the hazing causes serious bodily injury or death. Individual officers can also face charges for failing to report.
“What if my child ‘agreed’ to the initiation?”
Consent is not a defense to hazing in Texas (Education Code § 37.155). Courts recognize that “consent” under peer pressure, power imbalance, and fear of exclusion isn’t true voluntary consent.
“How long do we have to file a lawsuit?”
Generally 2 years from date of injury or death in Texas, but the “discovery rule” may extend this if harm wasn’t immediately known. In cases with cover-ups, statute may be tolled (paused). Time is critical—call 1-888-ATTY-911 immediately.
“What if it happened off-campus?”
Location doesn’t eliminate liability. Universities and national fraternities can still be liable based on sponsorship, control, knowledge, and foreseeability. Many major hazing cases occurred off-campus.
“Will my child’s name be public?”
Most hazing cases settle confidentially before trial. You can request sealed court records and confidential settlement terms. We prioritize your family’s privacy while pursuing accountability.
Why The Manginello Law Firm for Hazing Cases
Our Unique Qualifications for Texas Hazing Litigation
When your Niederwald family faces a hazing crisis, you need more than a general personal injury lawyer. You need attorneys who understand how powerful institutions fight back—and how to win anyway. Here’s why our firm is uniquely qualified:
Insurance Insider Knowledge (Mr. Lupe Peña)
Mr. Peña spent years as an insurance defense attorney at a national firm. He knows:
- How fraternity and university insurance companies value (and undervalue) claims
- Their delay tactics, coverage exclusion arguments, and settlement strategies
- How they use Independent Medical Exams (IMEs) to reduce values
- “We know their playbook because we used to run it.”
Complex Institutional Litigation Experience
- BP Texas City Explosion Litigation: We’re one of few Texas firms involved in this billion-dollar institutional case
- Federal Court Admitted: U.S. District Court, Southern District of Texas
- Not intimidated by national fraternities, universities, or their defense teams
- “We’ve taken on billion-dollar corporations. We know how to fight powerful defendants.”
Multi-Million Dollar Results
- Wrongful death settlements in the millions
- Catastrophic injury cases with lifetime care valuations
- Experience working with economists, life care planners, vocational experts
- “We don’t settle cheap. We build cases that force accountability.”
Dual Criminal/Civil Capability
- Ralph Manginello’s membership in Harris County Criminal Lawyers Association (HCCLA)
- Understands how criminal hazing charges interact with civil litigation
- Can advise witnesses and former members with dual exposure
- “We see the whole legal picture, not just one side.”
Investigative Depth
- Network of experts: medical, digital forensics, Greek life culture, psychologists
- Experience obtaining hidden evidence (deleted messages, chapter records, university files)
- Resources to investigate thoroughly regardless of defendant resources
- “We investigate like your child’s life depends on it—because it does.”
Our Approach to Hazing Cases
1. Immediate Response
- 24/7 availability for emergencies
- Evidence preservation guidance within hours
- Immediate communication with universities when appropriate
2. Thorough Investigation
- Digital forensics for deleted communications
- Subpoenas for national organization records
- Investigation of prior incidents and patterns
- Medical expert consultation for injury valuation
3. Comprehensive Defendant Identification
- Not just the individuals involved
- Chapter, housing corporation, national headquarters
- University, administrators, third parties
- Insurance coverage identification
4. Strategic Resolution
- Settlement when it serves your interests
- Trial readiness that forces fair negotiations
- Privacy protection throughout process
- Accountability beyond just money
We Serve Niederwald and All of Texas
While based in Houston, we serve families throughout Texas, including:
- Niederwald and Hays County (Texas State University cases)
- Central Texas (UT Austin, Texas A&M, Baylor)
- Houston area (University of Houston, Rice, others)
- Statewide through our Austin and Beaumont offices
For Niederwald families, this means:
- Understanding of local jurisdiction (Hays County courts)
- Knowledge of Texas State University policies and procedures
- Experience with Central Texas legal environment
- Accessibility despite geographic distance
Your Next Steps: Contact Us Today
Free, Confidential Consultation
If hazing has impacted your family, we offer:
- Free consultation: No cost to discuss your case
- Confidential discussion: Everything you tell us is protected
- No pressure: We’ll explain options, you decide what’s best
- Spanish services: Hablamos Español—contact Lupe Peña at lupe@atty911.com
What to expect in your consultation:
- We listen to your story without judgment
- Review any evidence you have (photos, texts, medical records)
- Explain your legal options clearly
- Discuss realistic timelines and expectations
- Answer questions about costs (contingency fee—we don’t get paid unless we win)
- Help you decide next steps at your pace
Contact Information
The Manginello Law Firm, PLLC / Attorney911
Legal Emergency Lawyers™
Call: 1-888-ATTY-911 (1-888-288-9911)
Direct: (713) 528-9070
Cell: (713) 443-4781
Website: https://attorney911.com
Email: ralph@atty911.com (Ralph Manginello), lupe@atty911.com (Lupe Peña)
Office Locations:
Houston, Austin, and Beaumont, Texas
Serving Niederwald, Hays County, and all of Texas
Legal Disclaimer
This article is provided for informational and educational purposes only. It is not legal advice and does not create an attorney–client relationship between you and The Manginello Law Firm, PLLC.
Hazing laws, university policies, and legal precedents can change. The information in this guide is current as of late 2025 but may not reflect the most recent developments. Every hazing case is unique, and outcomes depend on the specific facts, evidence, applicable law, and many other factors.
If you or your child has been affected by hazing, we strongly encourage you to consult with a qualified Texas attorney who can review your specific situation, explain your legal rights, and advise you on the best course of action for your family.
The Manginello Law Firm, PLLC / Attorney911
Houston, Austin, and Beaumont, Texas
Call: 1-888-ATTY-911 (1-888-288-9911)
Direct: (713) 528-9070 | Cell: (713) 443-4781
Website: https://attorney911.com
Email: ralph@atty911.com