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February 15, 2026 32 min read
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The Complete Guide to Hazing Lawsuits & Accountability for Cut and Shoot Families

If Your Child Was Hazed at a Texas University, You Are Not Alone

For parents in Cut and Shoot, Montgomery County, watching your child leave for college is filled with pride and hope. You imagine them making lifelong friends, excelling in their studies, and finding their place in campus life. The thought that they could be systematically abused, humiliated, or physically endangered by the very organizations promising friendship and belonging is a parent’s worst nightmare.

Yet right now, just an hour from Cut and Shoot in Houston, we are leading one of the most serious hazing lawsuits in Texas history. Leonel Bermudez, a University of Houston student, suffered rhabdomyolysis and acute kidney failure after alleged hazing by the Pi Kappa Phi Beta Nu chapter. His urine turned brown. He was hospitalized for four days. The chapter has been shut down. This isn’t a story from another state or another era—this is happening here in Texas, to students from families like yours.

If you’re a parent in Cut and Shoot, Conroe, The Woodlands, or anywhere in Montgomery County whose child has been hurt in connection with fraternities, sororities, Corps programs, athletics, or campus organizations, this guide is for you. We will explain what hazing really looks like in 2025, how Texas law protects victims, what’s happening at Texas universities, and most importantly—what your family can do about it.

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

Hazing in 2025: What It Really Looks Like in Texas

Many Cut and Shoot families still imagine hazing as harmless pranks or “boys will be boys” roughhousing. The reality in 2025 is far more sophisticated, dangerous, and deliberately hidden. Hazing today blends physical abuse with psychological manipulation and digital control, often disguised as “tradition,” “team building,” or “character development.”

Clear, Modern Definition of Hazing

Under Texas law, hazing means any intentional, knowing, or reckless act, on or off campus, directed against a student that endangers mental or physical health or safety for purposes of pledging, initiation, affiliation, holding office, or maintaining membership in any organization.

In plain English: If someone makes your child do something dangerous, harmful, or degrading to join or stay in a group—and they meant to do it or were reckless about the risk—that’s hazing. Location doesn’t matter. “Consent” doesn’t matter. The power imbalance between established members and new members creates coercion that the law recognizes.

Main Categories of Modern Hazing

Alcohol and Substance Hazing

  • Forced or coerced drinking games: “lineups,” “Century Club,” “big/little” nights
  • Pressure to consume unknown substances or dangerous mixtures
  • Punishment for refusing to drink: social exclusion or additional hazing
  • In the UH Pi Kappa Phi case: Leonel Bermudez was allegedly forced to consume milk, hot dogs, and peppercorns until vomiting, then forced to immediate sprints

Physical Hazing

  • Paddling, beatings, or “smokings” (extreme calisthenics)
  • In the UH case: 100+ push-ups, 500 squats, bear crawls, wheelbarrow races, “save-your-brother” drills
  • Cold-weather exposure in underwear
  • Being sprayed in the face with a hose “similar to waterboarding”
  • Sleep and food deprivation
  • Activities causing rhabdomyolysis (severe muscle breakdown) or other injuries

Sexualized and Humiliating Hazing

  • Forced nudity or partial nudity
  • Simulated sexual acts or degrading positions
  • “Pledge fanny pack” rules with humiliating contents (condoms, sex toys, nicotine devices)
  • Public shaming on social media or in meetings

Psychological Hazing

  • Verbal abuse, threats, isolation from non-members
  • Manipulation through fear of expulsion from the group
  • Forced deception of parents and university officials

Digital/Online Hazing

  • 24/7 group chat monitoring with instant response demands
  • Location tracking via Find My Friends or Snapchat Maps
  • Forced social media challenges or compromising content creation
  • Cyberstalking or harassment if pledges don’t comply

Where Hazing Actually Happens in Texas

While fraternities receive most attention, hazing occurs across campus organizations:

  • Fraternities and Sororities (IFC, Panhellenic, NPHC, multicultural chapters)
  • Corps of Cadets / ROTC at Texas A&M and other military-style programs
  • Athletic Teams including football, basketball, baseball, cheer
  • Spirit Squads and Tradition Organizations like Texas Cowboys, Silver Spurs
  • Marching Bands and Performance Groups
  • Some Academic, Service, and Cultural Organizations

The common thread: social status, tradition, and secrecy keep these practices alive even when everyone “knows” hazing is illegal. Organizations have become sophisticated at hiding abuse behind euphemisms like “character building,” “team bonding,” or “tradition.”

Texas Hazing Law & Liability Framework: What Cut and Shoot Families Need to Know

Texas has specific anti-hazing laws that protect students at both public and private universities. Understanding this framework is crucial for Cut and Shoot families considering legal action.

Texas Education Code – Chapter 37: The Hazing Statute

§ 37.151 Definition: Hazing means any intentional, knowing, or reckless act that endangers mental or physical health for purposes of initiation or affiliation.

Key Points for Families:

  • Can happen on or off campus—location doesn’t matter
  • Can be mental or physical harm
  • “Reckless” is enough—they don’t need to have intended harm
  • “Consent is not a defense” (§ 37.155)—even if your child “agreed,” it’s still hazing

§ 37.152 Criminal Penalties:

  • Class B Misdemeanor: Basic hazing (up to 180 days jail, $2,000 fine)
  • Class A Misdemeanor: Hazing causing injury requiring medical treatment
  • State Jail Felony: Hazing causing serious bodily injury or death

§ 37.153 Organizational Liability:
Fraternities, sororities, and other organizations can be:

  • Fined up to $10,000 per violation
  • Have university recognition revoked
  • Face criminal prosecution if they authorized or encouraged hazing

§ 37.154 Immunity for Good-Faith Reporting:
Students who report hazing in good faith are immune from civil or criminal liability. This includes calling 911 for medical emergencies, even if underage drinking was involved.

Criminal vs. Civil Cases: Understanding the Difference

Criminal Cases

  • Brought by the state (district attorney)
  • Aim: Punishment (jail, fines, probation)
  • Typical charges: Hazing, furnishing alcohol to minors, assault, battery, manslaughter
  • Example: In the Max Gruver case at LSU, fraternity members faced negligent homicide charges

Civil Cases

  • Brought by victims or families
  • Aim: Compensation and accountability
  • Focus: Negligence, wrongful death, emotional distress, institutional liability
  • Key difference: A criminal conviction is not required for a civil case
  • Example: The Stone Foltz family reached a $10 million settlement without criminal convictions against all defendants

Federal Law Overlay: Additional Protections

Stop Campus Hazing Act (2024)

  • Requires colleges receiving federal aid to:
    • Report hazing incidents transparently
    • Strengthen prevention education
    • Maintain public hazing data (phasing in by 2026)
  • Applies to all Texas public universities and most privates

Title IX

  • Triggered when hazing involves sexual harassment or gender-based hostility
  • Creates additional reporting and investigation requirements
  • Can provide alternative accountability pathway

Clery Act

  • Requires reporting of certain crimes on campus
  • Hazing incidents often overlap with assault, alcohol, or drug crimes
  • Creates public safety statistics families can review

Who Can Be Liable in a Civil Hazing Lawsuit?

1. Individual Students

  • Those who planned, executed, or covered up hazing
  • Often including: pledgemasters, chapter presidents, risk managers

2. Local Chapter/Organization

  • The fraternity/sorority chapter as a legal entity
  • Housing corporations that own chapter houses

3. National Fraternity/Sorority Headquarters

  • Organizations that set policies, collect dues, supervise chapters
  • Liability hinges on what they knew or should have known from prior incidents

4. University or Governing Board

  • Public universities (UH, Texas A&M, UT) under certain negligence theories
  • Private universities (SMU, Baylor) with fewer immunity protections
  • Key question: Did they have prior warnings and fail to act?

5. Third Parties

  • Landlords/owners of off-campus houses
  • Bars or alcohol providers (under dram shop laws)
  • Security companies or event organizers

Every case is fact-specific. Our investigation maps all potentially liable parties from day one.

National Hazing Case Patterns: Lessons for Texas Families

The tragedies that have made national headlines follow predictable patterns. Understanding these patterns helps Cut and Shoot families recognize warning signs and understand what’s at stake.

Alcohol Poisoning & Death Pattern

Timothy Piazza – Penn State, Beta Theta Pi (2017)

  • Bid-acceptance event with forced drinking
  • Severe falls captured on chapter security cameras
  • 19 brothers charged with over 1,000 criminal counts
  • Pennsylvania’s Timothy J. Piazza Anti-Hazing Law enacted
  • Takeaway: Delayed medical care and cover-ups dramatically increase liability

Max Gruver – LSU, Phi Delta Theta (2017)

  • “Bible study” drinking game: wrong answers = forced drinking
  • Died with BAC of 0.495%
  • Louisiana’s Max Gruver Act creating felony hazing statute
  • $6.1 million verdict for family
  • Takeaway: Legislative reform often follows public outrage and clear proof

Stone Foltz – Bowling Green State, Pi Kappa Alpha (2021)

  • Forced to drink nearly entire bottle of whiskey
  • Died from alcohol poisoning
  • $10 million settlement ($7M from national, ~$3M from university)
  • Chapter president personally ordered to pay $6.5 million
  • Takeaway: Universities face significant financial consequences alongside fraternities

Physical & Ritualized Hazing Pattern

Chun “Michael” Deng – Baruch College, Pi Delta Psi (2013)

  • Blindfolded “glass ceiling” ritual at retreat
  • Fatal traumatic brain injury; help delayed
  • National fraternity criminally convicted
  • Banned from Pennsylvania for 10 years
  • Takeaway: Off-campus “retreats” can be as dangerous as parties

Danny Santulli – University of Missouri, Phi Gamma Delta (2021)

  • Forced drinking during “pledge dad reveal”
  • Severe, permanent brain damage (cannot walk, talk, or see)
  • Settlements with 22 defendants
  • Takeaway: Non-fatal injuries can still be catastrophic

Athletic Program Hazing & Abuse

Northwestern University Football (2023–2025)

  • Alleged sexualized, racist hazing within program
  • Multiple lawsuits against university and staff
  • Head coach fired, then settled wrongful-termination suit
  • Takeaway: Hazing extends beyond Greek life to big-money athletic programs

What These Cases Mean for Cut and Shoot Families

The common threads in every major hazing case:

  1. Forced or coerced participation despite “consent” claims
  2. Delay in seeking medical help due to fear of consequences
  3. Systematic cover-up and evidence destruction
  4. Institutional knowledge of prior incidents or patterns
  5. Multi-defendant liability reaching beyond individual members

Texas families facing hazing at UH, Texas A&M, UT, SMU, or Baylor are operating in a landscape shaped by these national lessons. The legal strategies that have succeeded elsewhere apply here too.

Texas University Focus: Where Cut and Shoot Families Send Their Kids

Montgomery County families have deep connections to Texas higher education. Whether your child attends nearby Sam Houston State in Huntsville, commutes to University of Houston, or heads to Texas A&M, UT Austin, SMU, or Baylor, understanding each campus’s hazing landscape is crucial.

University of Houston: The Current Crisis Campus

Campus & Culture Snapshot

  • Large urban campus with mix of commuter and residential students
  • Active Greek life: 17 IFC fraternities, 6 Panhellenic sororities, NPHC, MGC chapters
  • Distance from Cut and Shoot: Approximately 45-60 minutes
  • Jurisdiction: Harris County courts, Houston Police Department, UHPD

The Leonel Bermudez Pi Kappa Phi Case: What Happened
Right now, we’re leading this active lawsuit that exemplifies modern hazing:

Timeline of Alleged Abuse:

  • Sept 16, 2025: Bermudez accepts bid to Pi Kappa Phi Beta Nu
  • Sept-Oct: Forced dress codes, hours-long “study/work” blocks, weekly interviews, overnight chauffeuring, “pledge fanny pack” humiliation
  • Oct 13: Another pledge hog-tied face-down on table with object in mouth for over an hour
  • Nov 3: Bermudez forced through 100+ push-ups, 500 squats under expulsion threats
  • Nov 6: Pi Kappa Phi HQ suspends chapter
  • Nov 6-9: Bermudez hospitalized with rhabdomyolysis and acute kidney failure
  • Nov 14: Chapter votes to surrender charter

Medical Catastrophe:

  • Diagnosis: Rhabdomyolysis (severe muscle breakdown) and acute kidney failure
  • Symptom: Brown urine indicating muscle tissue in bloodstream
  • Treatment: Four-day hospitalization with critically high creatine kinase levels
  • Ongoing: Risk of permanent kidney damage

Defendants in the Lawsuit:

  1. University of Houston
  2. UH System Board of Regents
  3. Pi Kappa Phi National Headquarters
  4. Pi Kappa Phi Beta Nu Housing Corporation
  5. 13 individual fraternity leaders (president, pledgemaster, risk manager, etc.)

Institutional Response:

  • UH: Conduct “deeply disturbing,” cooperating with law enforcement
  • Pi Kappa Phi HQ: Chapter suspended then closed
  • Media Coverage: Click2Houston, ABC13, Hoodline

What UH Students & Cut and Shoot Parents Should Do:

  • Report Immediately: Dean of Students Office, UHPD (713-743-3333), online hazing report form
  • Document Everything: UH has multiple Greek life violations annually; prior reports matter
  • Medical Care: UTHealth services or Houston Methodist for specialized care
  • Legal Strategy: Harris County venue favorable for plaintiffs; we know these courts

Texas A&M University: Corps Culture and Greek Life

Campus & Culture Snapshot

  • Tradition-heavy campus with strong Corps of Cadets influence
  • Distance from Cut and Shoot: Approximately 90 minutes
  • Jurisdiction: Brazos County courts, College Station PD, A&M PD
  • Large Greek system: 19 IFC fraternities, 14 Panhellenic sororities

Recent Hazing Incidents:

Sigma Alpha Epsilon Chemical Burns Case (2021)

  • Pledges allegedly covered in substances including industrial-strength cleaner
  • Severe chemical burns requiring skin graft surgeries
  • Pledges sued for $1 million
  • Chapter suspended for two years
  • Pattern: SAE has national history of similar incidents

Corps of Cadets “Roasted Pig” Case (2023)

  • Cadet allegedly subjected to degrading hazing
  • Simulated sexual acts, bound between beds with apple in mouth
  • Sought over $1 million in damages
  • A&M claimed handled under internal rules
  • Pattern: Military-style hazing in tradition-heavy programs

What Texas A&M Families Should Know:

  • Corps vs. Greek Life: Both have hazing risks with different traditions
  • University Response: Often emphasizes internal discipline over transparency
  • Evidence Preservation: Critical given tight-knit community pressures
  • Legal Venue: Brazos County juries understand campus culture

University of Texas at Austin: Transparency and Repeated Violations

Campus & Culture Snapshot

  • Most transparent hazing reporting among Texas schools
  • Distance from Cut and Shoot: Approximately 3 hours
  • Jurisdiction: Travis County courts, UTPD, Austin PD
  • Public hazing violations log at hazing.utexas.edu

Documented Violations (Examples):

Pi Kappa Alpha (2023)

  • New members directed to consume milk and perform strenuous calisthenics
  • Sanction: Probation, hazing prevention education
  • Pattern: Pi Kappa Alpha has national history of fatal hazing

Texas Wranglers Spirit Organization

  • Multiple hazing violations involving alcohol and physical demands
  • Pattern: Non-Greek organizations carry similar risks

Sigma Alpha Epsilon Assault Case (2024)

  • Australian exchange student allegedly assaulted at party
  • Injuries: Dislocated leg, broken ligaments, fractured tibia, broken nose
  • Sued for over $1 million
  • Chapter already under suspension for prior violations
  • Pattern: Repeat offender organizations

UT Advantages for Families:

  • Public Records: Hazing violations log provides evidence of patterns
  • Accountability Pressure: Media scrutiny in state capital
  • Legal Precedent: Travis County experience with campus cases

Southern Methodist University: Private School Challenges

Campus & Culture Snapshot

  • Private, affluent campus with strong Greek presence
  • Distance from Cut and Shoot: Approximately 4 hours
  • Jurisdiction: Dallas County courts, SMU PD, University Park PD
  • Less transparent than public universities

Kappa Alpha Order Incident (2017)

  • New members reportedly paddled, forced to drink, sleep deprived
  • Chapter suspended until 2021
  • Pattern: Kappa Alpha has national history of similar incidents

SMU-Specific Considerations:

  • Private University: Different legal standards than public schools
  • Limited Transparency: Fewer public records, more dependent on discovery
  • Wealthy Defendants: Well-funded defense teams
  • Media Dynamics: Dallas-Fort Worth media market scrutiny

Baylor University: Religious Identity and Scandal History

Campus & Culture Snapshot

  • Religious identity with history of Title IX and abuse scandals
  • Distance from Cut and Shoot: Approximately 3 hours
  • Jurisdiction: McLennan County courts, Baylor PD, Waco PD
  • Baylor Baseball Hazing (2020): 14 players suspended following investigation

Baylor-Specific Challenges:

  • Institutional History: Prior scandals affect university response patterns
  • Religious Branding: Can complicate internal reporting
  • Community Dynamics: Waco’s relationship with Baylor influences cases
  • Legal Strategy: Must account for university’s litigation history

Fraternities & Sororities: National Histories That Matter for Texas Families

When your child is hazed by a fraternity or sorority at a Texas university, you’re not just dealing with a local chapter. You’re confronting a national organization with a history—one that often includes prior warnings, similar incidents elsewhere, and established patterns of behavior.

Why National Histories Matter Legally

National fraternities and sororities maintain thick anti-hazing manuals and risk management policies precisely because they have seen deaths and catastrophic injuries before. When a Texas chapter repeats the same script that got another chapter shut down in Ohio, Louisiana, or Florida, that establishes:

  1. Foreseeability: The national knew or should have known this could happen
  2. Notice: They had prior warnings from similar incidents
  3. Pattern Evidence: This wasn’t a “rogue chapter” but part of a systemic problem
  4. Punitive Damages Potential: Repeated knowledge of danger without effective action

Organization Mapping: National Patterns at Texas Schools

Pi Kappa Alpha (ΠΚΑ / “Pike”)

  • National History: Stone Foltz death (BGSU, $10M settlement), David Bogenberger death (NIU, $14M settlement)
  • Texas Presence: Chapters at UH, Texas A&M, UT, SMU, Baylor
  • Pattern: “Big/Little” alcohol hazing, forced consumption traditions
  • Legal Impact: National has been sued multiple times for similar conduct

Sigma Alpha Epsilon (ΣΑΕ / “SAE”)

  • National History: Multiple hazing deaths nationwide, traumatic brain injury lawsuit (Alabama), chemical burns case (Texas A&M)
  • Texas Presence: Chapters at UH, Texas A&M, UT, SMU, Baylor
  • Pattern: Alcohol hazing, physical abuse, repeat violations
  • Significant Fact: SAE eliminated traditional pledge process nationally in 2014 due to pattern of deaths

Pi Kappa Phi (ΠΚΦ)

  • National History: Andrew Coffey death (FSU), Leonel Bermudez injury (UH)
  • Texas Presence: Chapter at UH (now closed), other Texas campuses
  • Pattern: Physical hazing leading to medical emergencies
  • Current Case: We represent Bermudez in active $10M lawsuit

Phi Delta Theta (ΦΔΘ)

  • National History: Max Gruver death (LSU, $6.1M verdict)
  • Texas Presence: Chapters at UH, Texas A&M, UT, SMU, Baylor
  • Pattern: “Bible study” drinking games, alcohol poisoning

Kappa Alpha Order (ΚΑ)

  • National History: Multiple hazing suspensions including SMU chapter
  • Texas Presence: Chapters at Texas A&M, UT, SMU
  • Pattern: Paddling, physical abuse, tradition-based hazing

The “Rogue Chapter” Defense—And Why It Fails

National organizations frequently claim: “This was a rogue chapter violating our policies.” Our investigative approach exposes why this defense fails:

Evidence We Obtain Through Discovery:

  1. Prior Incident Reports: Showing national knew about previous hazing at same chapter
  2. Communications: Emails/texts between chapter and national about “traditions”
  3. Policy Enforcement Records: Proof that violations received minimal punishment
  4. Dues and Support: National continued collecting dues and providing support despite knowledge

Case Example: In the Stone Foltz case, discovery showed Pi Kappa Alpha national had been warned repeatedly about Big/Little alcohol hazing but failed to intervene aggressively. The “rogue chapter” claim collapsed.

How This Affects Your Texas Case

For Cut and Shoot families, national histories provide:

  • Leverage in Negotiations: National organizations fear pattern evidence becoming public
  • Insurance Coverage: Multiple incidents affect how insurers value claims
  • Punitive Damages Potential: Knowing violation of policies can increase awards
  • Settlement Pressure: Nationals often settle to avoid discovery of internal files

We maintain what we call the Texas Hazing Intelligence Engine—a database tracking national organizations across Texas campuses. When we take your case, we don’t start from zero. We already know the patterns, the players, and the pressure points.

Building a Hazing Case: Evidence, Damages, and Strategy

When your family faces a hazing crisis, understanding how cases are built—and what makes them successful—helps you make informed decisions during an overwhelming time.

Evidence: The Digital Crime Scene

Modern hazing leaves digital footprints. Preserving this evidence is our first priority.

Digital Communications (Most Critical Evidence)

  • Group Chats: GroupMe, WhatsApp, iMessage, Discord, fraternity apps
  • Social Media: Instagram DMs, Snapchat, TikTok, Facebook Messenger
  • Recovery Capability: Digital forensics can often recover deleted messages
  • What We Look For: Planning discussions, admissions of guilt, cover-up attempts, threats

Photos & Videos

  • Content filmed by members during events “for fun”
  • Security/doorbell camera footage from houses
  • Social media posts showing injuries or activities
  • Preservation Tip: Screenshot immediately—stories disappear, chats get deleted

Internal Organization Documents

  • Pledge manuals, initiation scripts, tradition documents
  • Emails between chapter officers about activities
  • National policies and training materials (often used against them)

University Records

  • Prior conduct files obtained through discovery or public records requests
  • Incident reports to campus police or conduct offices
  • Clery Act reports showing pattern of similar incidents

Medical and Psychological Records

  • Emergency room records documenting injuries
  • Toxicology reports showing alcohol/drug levels
  • Psychological evaluations (PTSD, depression, anxiety)
  • Critical: Tell medical providers “I was hazed” for documentation

Witness Testimony

  • Other pledges (often afraid but may cooperate with protection)
  • Former members who quit or were expelled
  • Roommates, RAs, bystanders
  • Expert witnesses: medical professionals, Greek life experts, economists

Damages: What Families Can Recover

Economic Damages (Calculable Losses)

  • Medical Bills: Emergency care, hospitalization, surgery, ongoing treatment
  • Future Medical Expenses: Projected costs for lifelong conditions
  • Lost Income/Earning Capacity: Missed work/school, reduced future earnings
  • Educational Impact: Lost tuition, scholarships, delayed graduation

Non-Economic Damages (Subjective but Real Harm)

  • Physical Pain & Suffering: From injuries and treatment
  • Emotional Distress: PTSD, depression, anxiety, humiliation
  • Loss of Enjoyment of Life: Can’t participate in activities they loved
  • Reputational Harm: Social stigma, digital footprint

Wrongful Death Damages (For Families)

  • Funeral and burial costs
  • Loss of financial support
  • Loss of companionship, love, guidance
  • Emotional suffering of family members

Punitive Damages (When Available)

  • Purpose: Punish especially reckless or intentional conduct
  • Available when defendants knew dangers and acted anyway
  • Texas Cap: Generally limited but exceptions for certain conduct

The Role of Insurance Coverage

Fraternities, sororities, and universities carry insurance—but insurers often fight coverage.

Common Insurance Defense Tactics:

  1. “Intentional Acts” Exclusion: Claiming hazing was intentional, not negligent
  2. “Criminal Acts” Exclusion: Arguing hazing is criminal therefore excluded
  3. “Rogue Chapter” Argument: Claiming policy doesn’t cover unauthorized acts

How We Counter Insurance Defenses:

  • Negligent Supervision Theory: Even if hazing was intentional, failure to supervise was negligent
  • Multiple Policy Review: Identifying all potential coverage sources
  • Bad Faith Claims: Suing insurers who wrongfully deny coverage
  • Mr. Peña’s Insider Knowledge: As former insurance defense attorney, he knows their playbook

Real-World Example: In many hazing death cases, insurers initially deny coverage but eventually pay substantial settlements when faced with evidence of negligent supervision and pattern of prior incidents.

Case Strategy: From Investigation to Resolution

Phase 1: Immediate Response (First 48 Hours)

  • Evidence preservation before deletion
  • Medical documentation
  • Witness identification
  • Strategic decision: Report now or investigate first?

Phase 2: Investigation (First 30-90 Days)

  • Digital forensics on phones/computers
  • Public records requests to university
  • Contacting potential witnesses
  • Mapping defendant universe

Phase 3: Demand & Negotiation

  • Comprehensive demand package with evidence
  • Settlement negotiations with multiple parties
  • Mediation if needed
  • Goal: Achieve accountability without trial if possible

Phase 4: Litigation (If Necessary)

  • Filing lawsuit before statute of limitations
  • Discovery: obtaining internal documents
  • Depositions of key witnesses
  • Expert witness preparation
  • Trial preparation

Phase 5: Resolution

  • Settlement with confidentiality provisions if desired
  • Public verdict if case goes to trial
  • Structured settlements for long-term care needs
  • Advocacy components: policy changes, memorials

Throughout all phases, we prioritize:

  1. Your Child’s Wellbeing: Medical and psychological care first
  2. Privacy Protection: Controlling public narrative
  3. Accountability: Not just money, but real change
  4. Prevention: Making sure this doesn’t happen to others

Practical Guides & FAQs for Cut and Shoot Families

For Parents: Warning Signs and Action Steps

Warning Signs Your Child May Be Being Hazed

Physical Signs:

  • Unexplained bruises, burns, cuts, or injuries
  • Extreme fatigue beyond normal college stress
  • Weight changes (from food/water restriction)
  • Sleep deprivation (calls at 3 AM, constant exhaustion)
  • Injuries to hands, back, legs from paddling or exercise
  • Chemical burns, rashes, or skin damage
  • Signs of alcohol poisoning (even if child doesn’t normally drink)

Behavioral & Emotional Changes:

  • Sudden secrecy about organization activities
  • Withdrawal from family, old friends, non-member activities
  • Personality changes: anxiety, depression, irritability
  • Defensive when asked about the organization
  • Fear of “getting in trouble” or “letting the chapter down”
  • Obsession with pleasing older members
  • Talking about “just having to get through this”

Academic Red Flags:

  • Grades dropping suddenly
  • Missing classes or falling asleep in class
  • Skipping exams/assignments for “mandatory” events
  • Losing scholarships or academic standing

How to Talk to Your Child

  1. Open Questions: “How are things going with [organization]? Are they respectful of your time?”
  2. Non-Judgmental: “Is there anything that makes you uncomfortable?”
  3. Safety First: “Your health matters more than any membership.”
  4. Document: Write down what they tell you with dates

If You Suspect Hazing:

  1. Medical First: Get care for any injuries immediately
  2. Evidence Preservation: Screenshot messages, photograph injuries
  3. Document Everything: Write detailed notes while memory fresh
  4. Consult Lawyer Before Reporting: We can guide strategic reporting
  5. Do NOT Confront Organization: They’ll destroy evidence and lawyer up

For Students: Safety and Rights

Is This Hazing? Quick Self-Assessment

  • Am I being forced or pressured to do something I don’t want to do?
  • Would I do this if I had a real choice (no social consequences)?
  • Is this activity dangerous, degrading, or illegal?
  • Are older members making new members do things they don’t do themselves?
  • Am I being told to keep secrets, lie, or hide this?

If You Answered YES to Any: It’s likely hazing.

How to Exit Safely

  • Immediate Danger: Call 911, get to safe location
  • Safe Exit: Tell someone outside org first (parent, RA, friend)
  • Formal Resignation: Email/text chapter president: “I resign effective immediately”
  • Do NOT go to “one last meeting”—that’s where pressure happens
  • If Retaliation: Document threats, report to university and police

Your Rights in Texas

  • Good Faith Reporting Immunity: You won’t get in trouble for calling 911 in medical emergency
  • Consent Not Defense: Your “agreement” under pressure doesn’t make it legal
  • Civil Lawsuit Rights: You can sue even if no criminal charges
  • No-Contact Orders: University can order organization to leave you alone

Evidence Collection for Students

  1. Screenshots: Group chats with timestamps, participant names
  2. Recordings: Texas is one-party consent—you can record conversations you’re in
  3. Photos: Injuries from multiple angles, locations, objects used
  4. Medical Records: Tell providers “I was hazed”—get copies of all records
  5. Witness Info: Names/contacts of others who saw what happened

Critical Mistakes That Can Destroy Your Case

MISTAKE #1: Letting Your Child Delete Evidence

  • What Happens: “I don’t want them to get in more trouble”
  • Why It’s Wrong: Looks like cover-up, can be obstruction of justice
  • What to Do: Preserve everything immediately, even embarrassing content

MISTAKE #2: Confronting the Organization Directly

  • What Happens: “I’m going to give them a piece of my mind”
  • Why It’s Wrong: They immediately lawyer up, destroy evidence, coach witnesses
  • What to Do: Document everything, call lawyer before any confrontation

MISTAKE #3: Signing University “Resolution” Forms

  • What Universities Do: Pressure families to sign waivers or agreements
  • Why It’s Wrong: You may waive right to sue; settlements are often lowball
  • What to Do: Do NOT sign anything without attorney review

MISTAKE #4: Posting on Social Media

  • What Families Think: “I want people to know what happened”
  • Why It’s Wrong: Defense attorneys screenshot everything; inconsistencies hurt case
  • What to Do: Document privately; let lawyer control public messaging

MISTAKE #5: Waiting “to See How University Handles It”

  • What Universities Promise: “We’re investigating internally”
  • Why It’s Wrong: Evidence disappears, witnesses graduate, statute runs
  • What to Do: Preserve evidence NOW; consult lawyer immediately

MISTAKE #6: Talking to Insurance Adjusters

  • What Adjusters Say: “We just need your statement to process claim”
  • Why It’s Wrong: Recorded statements used against you; early settlements are lowball
  • What to Do: “My attorney will contact you”

Short FAQ for Cut and Shoot Families

“Can I sue a university for hazing in Texas?”
Yes, under certain circumstances. Public universities (UH, Texas A&M, UT) have some sovereign immunity protections, but exceptions exist for gross negligence, Title IX violations, and when suing individuals.

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