Texas Hazing Laws: A Comprehensive Guide for Smith County Families
The silence from your college student feels heavier than usual. They’re exhausted, withdrawn, and evasive about their new fraternity, sorority, or club activities. Maybe they have an unexplained bruise, a forced smile hiding something deeper, or they snap at you when asked about their new “friends.” They mention “initiation night” or “big/little night,” but the details are murky, veiled in forced laughs and dismissive remarks. You feel a knot in your stomach—is this just freshmen adjusting, or is something more sinister happening? If your child attends a Texas university, from the sprawling campus of Texas A&M to the urban heart of UH, the traditions they encounter could cross the line from bonding to illegal hazing. This scenario, common among college students, echoes the tragic stories of young lives shattered by dangerous rituals, not just across the nation, but right here in Texas.
For families in Smith County and across East Texas, understanding the realities of modern hazing is crucial. While your child might attend school in a different part of the state, the legal landscape surrounding hazing and the protections available to victims apply statewide. Whether they attend UT Austin, SMU, Baylor, Texas A&M, or UH, or any other Texas institution, the risks – and your rights – remain the same.
This guide is for you. We, The Manginello Law Firm, PLLC, are the Legal Emergency Lawyers™ known as Attorney911, and we have prepared this comprehensive guide to help shed light on the darkest corners of campus culture. This resource is designed to educate and empower families in Smith County and across Texas who need to understand:
- What hazing looks like in 2025 – far beyond the old stereotypes.
- The intricacies of Texas and federal anti-hazing laws.
- The critical lessons from major national hazing cases and their direct relevance to Texas families.
- The specific hazing challenges and incidents that have impacted campuses like UH, Texas A&M, UT Austin, SMU, and Baylor.
- The legal options and pathways to accountability available to hazing victims and their families throughout Texas.
Please remember, this article provides general information and is not a substitute for specific legal advice tailored to your unique situation. If hazing has touched your family, The Manginello Law Firm is here to offer a confidential, in-depth evaluation of your specific case. We serve families throughout Texas, including those here in Smith County and the surrounding East Texas communities.
IMMEDIATE HELP FOR HAZING EMERGENCIES:
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If your child is in danger RIGHT NOW:
- Call 911 for medical emergencies, first and foremost.
- Then call Attorney911: 1-888-ATTY-911 (1-888-288-9911). We provide immediate help in legal emergencies – that’s why we’re the Legal Emergency Lawyers™.
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In the first 48 hours, every moment counts:
- Get immediate medical attention for your child, even if they insist they are “fine.” Prioritize their health and safety above all else.
- Preserve evidence BEFORE it can be deleted:
- Immediately screenshot all group chats, text messages, and direct messages (DMs).
- Photograph any injuries from multiple angles, along with any relevant clothing or objects.
- Secure any physical items like clothing, receipts for forced purchases, or unusual objects used in hazing activities.
- Write down everything that happened while the memories are fresh: who was involved, what occurred, when and where it took place.
- Do NOT:
- Directly confront the fraternity, sorority, or organization, as this could lead to evidence destruction or retaliation.
- Sign any documents from the university or an insurance company without legal counsel.
- Post details about the incident on public social media, as this could compromise your case.
- Allow your child to delete messages or “clean up” any evidence.
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Contact an experienced hazing attorney within 24–48 hours:
- Critical evidence can disappear rapidly (e.g., deleted group chats, destruction of objects like paddles, witnesses being coached).
- Universities often act quickly to control the narrative.
- We can help ensure vital evidence is preserved and your child’s legal rights are protected.
- Call 1-888-ATTY-911 for an immediate, confidential consultation.
Hazing in 2025: What It Really Looks Like
For families in Smith County, the image of hazing might still be rooted in movies and outdated stereotypes. However, the reality of hazing in 2025 is far more insidious and technologically advanced than many realize. It’s not just a “dumb prank” or “just partying”; it’s a dangerous, often illegal, pattern of behavior designed to assert power and control, frequently resulting in physical or psychological harm.
At its core, hazing is any forced, coerced, or strongly pressured action tied to joining, maintaining membership, or achieving status within a group. This behavior, whether on or off campus, endangers physical or mental health, humiliates, or exploits an individual. A common misconception is that if someone “agreed to it,” it’s not hazing. However, under the law, “consent” is not a defense when there is inherent peer pressure, a power imbalance, or fear of exclusion.
Main Categories of Modern Hazing
The landscape of hazing has evolved, but it broadly falls into these dangerous categories:
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Alcohol and Substance Hazing: This is, unfortunately, one of the most common and deadliest forms of hazing. It involves forced or coerced consumption of alcohol, often to dangerous levels. This includes:
- “Chugging challenges” or “power hour” events.
- “Lineups” or “drink-offs” where pledges are forced to rapidly consume various alcoholic beverages.
- “Games” that require dangerous levels of drinking as a penalty for wrong answers or failure.
- Pressure to consume unknown or mixed substances, including illicit drugs.
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Physical Hazing: While often hidden, physical abuse remains a grim reality. This can take many forms:
- Paddling, beatings, punches, kicks, or slaps.
- Extreme calisthenics, “workouts,” or “smokings” that push individuals far beyond safe physical limits, often leading to rhabdomyolysis—a severe muscle breakdown.
- Sleep, food, or water deprivation for extended periods.
- Exposure to extreme environmental conditions (e.g., freezing cold, stifling heat) or dangerous environments.
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Sexualized and Humiliating Hazing: These acts are designed to degrade and demean, often leaving deep psychological scars:
- Forced nudity or partial nudity.
- Coerced participation in simulated sexual acts, such as “elephant walks” or “roasted pig” positions.
- Forcing pledges into degrading costumes or public spectacles.
- Acts with racist, sexist, homophobic, or other discriminatory overtones, including the use of slurs or forced role-playing of stereotypes.
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Psychological Hazing: Often overlooked, psychological hazing inflicts severe emotional and mental harm:
- Verbal abuse, yelling, screaming, insults, and threats.
- Isolation from friends, family, or the outside world.
- Manipulation, mind games, or forced confessions that target vulnerabilities.
- Public shaming, ridicule, or “grilling” sessions in front of the group, often extended to social media.
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Digital/Online Hazing: This is a rapidly growing area, leveraging modern technology to perpetuate abuse:
- Demanding participation in group chat dares, “challenges,” or online humiliation campaigns via platforms like Instagram, Snapchat, TikTok, and Discord.
- Pressure to create or share compromising images or videos.
- Constant monitoring via group chats with immediate response demands, leading to sleep deprivation and anxiety.
- Forced location sharing through apps like Find My Friends, restricting personal freedom.
Where Hazing Actually Happens in 2025
Hazing is not confined to the stereotypical “Animal House” fraternity. It permeates a wide array of campus organizations, fueled by social status, perceived exclusivity, and the deeply ingrained culture of secrecy. While the exact forms may differ, the underlying dynamics of power and coercion are consistent:
- Fraternities and Sororities: This includes all councils – Interfraternity Council (IFC), Panhellenic Council, National Pan-Hellenic Council (NPHC), and various multicultural Greek organizations.
- Corps of Cadets / ROTC / Military-Style Groups: These groups, with their emphasis on physical discipline and hierarchy, can unfortunately be fertile ground for hazing.
- Spirit Squads & Tradition Clubs: Organizations like Texas Cowboys-type groups or other highly exclusive campus traditions, often associated with university spirit, can harbor dangerous practices.
- Athletic Teams: From football and basketball to baseball, cheerleading, and even club sports, athletes are frequently subjected to physical and psychological hazing as “team building” or “to earn their stripes.”
- Marching Bands and Performance Groups: Even seemingly benign groups can have hidden hazing rituals, often involving sleep deprivation or humiliation deemed necessary for “bonding.”
- Service, Cultural, and Academic Organizations: While less common, some of these groups can also foster environments where subtle or even overt hazing occurs, particularly during initiation phases.
The unfortunate truth is that even though everyone “knows” hazing is illegal and dangerous, the potent combination of social pressures, the allure of tradition, and the deep-seated culture of secrecy allows these practices to persist and adapt, often retreating further underground or adopting new digital forms to avoid detection. For Smith County families, recognizing these modern hazards is the first step toward protecting your children.
Law & Liability Framework (Texas + Federal)
For Smith County residents, understanding the legal framework surrounding hazing in Texas is vital for protecting students. This legal landscape provides criminal penalties for those who haze and civil avenues for victims to seek compensation and accountability.
Texas Hazing Law Basics (Education Code)
Texas has a specific, comprehensive set of anti-hazing provisions primarily housed within the Texas Education Code. This framework defines hazing broadly to capture a wide range of harmful behaviors and establishes penalties for those involved.
Under Texas Education Code § 37.151, hazing is defined as any intentional, knowing, or reckless act, committed by one person alone or with others, directed against a student, that:
- Endangers the mental or physical health or safety of a student, whether on or off campus, AND
- Occurs for the purpose of pledging, initiation into, affiliation with, holding office in, or maintaining membership in any organization whose members include students.
In plain English, if someone makes a student do something dangerous, unhealthy, or demeaning to join or stay in a group, and they intended, knew, or were reckless about the harm, that act is hazing under Texas law. Key aspects to highlight for Smith County families:
- Location doesn’t matter: Hazing can happen on campus, at an off-campus house, at an Airbnb, or anywhere else. The law covers it.
- Harm can be invisible: The law recognizes both physical harm (e.g., beatings, forced exercise, forced alcohol consumption) and mental harm (e.g., extreme humiliation, intimidation, severe emotional distress).
- Intent is broad: You don’t have to prove malicious intent to haze. Merely acting “recklessly” – meaning you knew the risks but did it anyway – is enough for a hazing charge.
- “Consent” is not a defense: Texas Education Code § 37.155 explicitly states that it is not a defense to prosecution for hazing that the person being hazed “consented” to the hazing activity. The law recognizes that true consent is often absent when there is peer pressure and a power imbalance.
Criminal Penalties
The Texas Education Code also outlines criminal penalties for hazing:
- A basic hazing violation is typically a Class B Misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.
- If the hazing causes injury requiring medical treatment, it can be elevated to a Class A Misdemeanor.
- Critically, if hazing results in serious bodily injury or death, it can be prosecuted as a State Jail Felony, carrying more severe penalties.
- Furthermore, individuals who are officers or members of an organization and know about hazing but fail to report it can also face misdemeanor charges.
- Retaliating against someone who reports hazing is also a misdemeanor.
(It’s important to remember this is a summary; the actual statutes contain more technical legal language.)
Criminal vs. Civil Cases
When hazing occurs, there are two distinct legal paths that can be taken, often simultaneously:
- Criminal Cases: These are brought by the State of Texas (through district or county attorneys) against individuals who allegedly committed hazing offenses. The goal is punishment—such as jail time, fines, or probation—and to deter future criminal acts. Hazing-related criminal charges in Smith County or other Texas jurisdictions can include hazing offenses, furnishing alcohol to minors, assault, battery, or even manslaughter or negligent homicide in cases involving death.
- Civil Cases: These are initiated by victims or their surviving family members. The primary aim is to seek monetary compensation for damages suffered and to hold responsible parties accountable. Civil lawsuits stemming from hazing often focus on legal theories such as negligence (including gross negligence), wrongful death, negligent hiring or supervision (against institutions or organizations), premises liability (against property owners), and intentional infliction of emotional distress.
A key point for Smith County families to understand is that a criminal conviction is not a prerequisite for pursuing a civil case. The legal standards and burdens of proof are different. For example, a civil lawsuit can proceed even if criminal charges are never filed or result in an acquittal.
Federal Overlay: Stop Campus Hazing Act, Title IX, Clery
Beyond state law, federal regulations also play a role in addressing campus hazing:
- Stop Campus Hazing Act (2024): This significant federal legislation requires colleges and universities receiving federal funding to be more transparent about hazing incidents. By around 2026, institutions must publicly report hazing violations, strengthen prevention programs, and maintain accessible data on hazing incidents. This means more information will be available to Smith County parents vetting schools.
- Title IX: If hazing involves sexual harassment, sexual assault, or creates a hostile environment based on gender, it can trigger a university’s obligations under Title IX. This federal law prohibits sex-based discrimination in education and mandates institutions to respond promptly and effectively to such incidents.
- Clery Act: The Clery Act requires colleges to disclose crime statistics and security information. Hazing incidents often involve underlying criminal acts (e.g., assault, alcohol violations) that may fall under Clery reporting requirements, further increasing transparency.
Who Can Be Liable in a Civil Hazing Lawsuit
Determining who is legally responsible in a civil hazing lawsuit can be complex, but several entities may be held accountable:
- Individual Students: Those who planned, orchestrated, participated in, or helped cover up the hazing acts can be directly liable. This includes officers or “pledge educators” who directed the hazing.
- Local Chapter / Organization: The fraternity, sorority, club, or athletic team itself (if it’s a recognized legal entity) can be held responsible for the actions of its members, particularly if the hazing was part of a tradition or condoned by leadership.
- National Fraternity / Sorority: The national headquarters, which sets policies, collects dues, and oversees local chapters, can be held liable. This often depends on whether the national organization knew or should have known about a pattern of hazing and failed to adequately intervene or enforce its own rules.
- University or Governing Board: The college or university can be sued under theories of negligence, gross negligence, or even for civil rights violations. Liability often hinges on whether the institution had prior knowledge of hazing, failed to enforce its own policies, or demonstrated deliberate indifference to known risks. Public universities (like UH, Texas A&M, UT) may assert sovereign immunity, but exceptions exist, especially for gross negligence or Title IX violations. Private universities (like SMU, Baylor) generally have fewer immunity protections.
- Third Parties: This can include landlords or owners of off-campus houses where hazing occurred, bars or liquor stores that illegally supplied alcohol to minors (under Texas dram shop laws), or even security companies that failed to prevent incidents.
Every case is unique, and the specific facts dictate which parties are potentially liable. Our firm diligently investigates all potential defendants to ensure full accountability.
National Hazing Case Patterns (Anchor Stories)
The tragic pattern of hazing deaths and severe injuries across the country provides chilling precedents that shape how we approach cases in Smith County and throughout Texas. These national anchor stories are not just headlines; they are legal blueprints demonstrating the mechanisms of harm, the institutional failures, and the significant financial liabilities that can arise.
Alcohol Poisoning & Death Pattern
Forced alcohol consumption remains the deadliest form of hazing, leading to multiple high-profile deaths nationwide. These cases highlight critical failures in supervision, policy enforcement, and bystander intervention.
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Timothy Piazza – Penn State University, Beta Theta Pi (2017): In one of the most widely publicized cases, 19-year-old Timothy Piazza died after a “bid acceptance” event involving extreme alcohol consumption. Horrifying surveillance footage captured his numerous falls and severe injuries, and the agonizing delay of hours before fraternity brothers called for help. This tragedy led to dozens of criminal charges against fraternity members, extensive civil litigation, and the enactment of Pennsylvania’s Timothy J. Piazza Anti-Hazing Law, a landmark statute that elevated hazing to a felony. The case underscored that deliberate indifference and a culture of silence can lead to devastating consequences, not just for victims, but for those who fail to act.
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Andrew Coffey – Florida State University, Pi Kappa Phi (2017): Andrew Coffey, a 20-year-old pledge, died from acute alcohol poisoning during a “Big Brother Night” event. Pledges were given handles of hard liquor and forced to drink to excess. This incident spurred criminal hazing charges against multiple members and prompted Florida State University to temporarily suspend all Greek life, leading to significant policy overhauls. This case illustrates the repeating script of “traditional” drinking nights becoming deadly rituals.
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Maxwell “Max” Gruver – Louisiana State University, Phi Delta Theta (2017): Max Gruver, 18, died after a “Bible study” drinking game where pledges were forced to consume massive amounts of alcohol if they answered questions incorrectly. His blood alcohol content was 0.495%. Max’s death led to the passing of the Max Gruver Act in Louisiana, a felony hazing statute with serious penalties. The civil case resulted in a $6.1 million verdict with prior confidential settlements, showing that juries will hold fraternities accountable when forced drinking games lead to death.
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Stone Foltz – Bowling Green State University, Pi Kappa Alpha (2021): During a fraternity pledge event, 20-year-old Stone Foltz was forced to consume a liter of alcohol and died from alcohol poisoning. This devastating incident led to multiple criminal convictions for hazing-related charges against fraternity members. Civilly, Stone’s family reached a $10 million settlement in 2023, with $7 million from the national Pi Kappa Alpha organization and approximately $3 million from Bowling Green State University. This case starkly demonstrates that universities, even public ones, can face substantial financial and reputational consequences alongside the fraternities themselves. Ohio subsequently strengthened its anti-hazing laws with Collin’s Law: The Anti-Hazing Act, making hazing a felony when alcohol or drugs cause physical harm.
Physical & Ritualized Hazing Pattern
Beyond alcohol, physical and ritualistic hazing methods continue to cause severe injury and death, often under the guise of “tradition.”
- Chun “Michael” Deng – Baruch College, Pi Delta Psi (2013): During a remote retreat in the Pocono Mountains, 19-year-old Michael Deng was subjected to a brutal “glass ceiling” ritual. Blindfolded and carrying a heavy backpack, he was repeatedly tackled. He died from a traumatic brain injury and, critically, medical help was delayed by panic-stricken fraternity members attempting to cover up the incident. This case resulted in multiple criminal convictions, and the national fraternity itself was criminally convicted of aggravated assault and involuntary manslaughter – a rare instance of an organization being held criminally liable. Pi Delta Psi was banned from Pennsylvania for 10 years and fined over $110,000. This case illustrates that off-campus, remote “retreats” are often chosen precisely to hide violent hazing, but location does not absolve liability.
Athletic Program Hazing & Abuse
Hazing is not exclusive to Greek life; it is a pervasive issue that can infiltrate major athletic programs, often protected by a culture of competitive secrecy.
- Northwestern University Athletic Hazing Scandal (2023–2025): This very recent and unfolding scandal brought national attention to hazing within a prominent NCAA football program. Former players alleged widespread and egregious sexualized and racist hazing practices over multiple years. The fallout led to the firing of highly respected head coach Pat Fitzgerald, who subsequently filed a wrongful-termination lawsuit against the university. Multiple civil lawsuits were filed by former players against Northwestern and its coaching staff, with reports of confidential settlements. This case is a stark reminder that hazing can flourish even in high-profile, non-Greek campus organizations, highlighting institutional oversight failures.
What These Cases Mean for Texas Families
These national tragedies, while often occurring in other states, share common threads that are critically relevant to Smith County families with students at Texas universities:
- Repeat Offenders: Certain national fraternities, such as Pi Kappa Alpha, Sigma Alpha Epsilon, Pi Kappa Phi, Phi Delta Theta, and Beta Theta Pi, appear repeatedly in national hazing incidents, suggesting systemic issues rather than isolated rogue chapters.
- Common Denominators: Forced drinking, humiliation, violence, delayed medical care, and deliberate cover-ups are recurrent elements that escalate danger and amplify legal liability.
- Accountability Follows Tragedy: While heartbreaking, it is often only after a death or life-altering injury, followed by tenacious legal action, that substantial reforms and multi-million-dollar settlements or verdicts are achieved.
- Texas is Not Immune: The lessons learned from these national cases directly inform our legal strategies for Texas families. The arguments of foreseeability, institutional indifference, and the unacceptability of “consent” under duress are universally applicable. Families facing hazing at UH, Texas A&M, UT Austin, SMU, or Baylor are engaged in a legal landscape profoundly shaped by these national lessons.
Texas Focus: UH, Texas A&M, UT, SMU, Baylor
For parents in Smith County, understanding the specific environments and hazing histories of major Texas universities is key. While your child might be attending a school some distance from East Texas, the legal frameworks and the pattern of incidents discussed here apply statewide. Our firm serves families with connections to these institutions and, as a Houston-based legal team, we are familiar with the unique aspects of Texas higher education.
5.1 University of Houston (UH)
The University of Houston, a large urban campus, combines a significant commuter population with increasing residential living. Located in the heart of Houston, it features an active Greek life with chapters from various councils (IFC, Panhellenic, NPHC, multicultural). Many students from Smith County and other parts of East Texas choose to attend UH, making the campus culture and safety a direct concern for our community.
5.1.1 Campus & Culture Snapshot
UH’s dynamic environment fosters a diverse student body across numerous academic programs. Its Greek life, robust and varied, is a central component of social engagement for many students. Beyond Greek organizations, UH also hosts a broad spectrum of student clubs, athletic teams, and cultural associations, all of which may have new member or initiation practices. The urban setting means that activities can quickly extend off-campus, adding layers of complexity to oversight.
5.1.2 Hazing Policy & Reporting
The University of Houston maintains a strict anti-hazing policy, clearly prohibiting any acts that endanger the mental or physical health or safety of a student for the purpose of initiation or affiliation. This policy applies both on-campus and off-campus. Prohibited acts include forced consumption of alcohol, controlled substances, food, or liquid; sleep deprivation; physical abuse or mistreatment; and any act that causes mental distress. UH provides various reporting channels, including the Dean of Students Office, Student Conduct, and UHPD. The university’s website also features specific hazing statements and, to some extent, disciplinary information regarding violations.
5.1.3 Example Incident & Response
Historically, UH has dealt with significant hazing incidents. In 2016, a particularly severe case involving Pi Kappa Alpha (Pike) resulted in a pledge suffering a lacerated spleen after allegedly being slammed onto a table or similar surface, alongside allegations of food, water, and sleep deprivation during a multi-day event. This incident led to misdemeanor hazing charges and the chapter’s suspension by the university. Other disciplinary actions against fraternities have included suspensions and probation for “conduct likely to produce mental or physical discomfort,” often involving alcohol misuse and policy violations. These incidents highlight UH’s efforts to respond to and punish hazing, though gaps in public detail can make it challenging for parents to track comprehensive violation records compared to some other Texas institutions.
5.1.4 How a UH Hazing Case Might Proceed
For Smith County families, if a hazing incident were to occur at UH, the involved law enforcement agencies could include the University of Houston Police Department (UHPD) for on-campus incidents, and/or the Houston Police Department (HPD) for off-campus events within city limits, and the Harris County Sheriff’s Office for incidents in unincorporated areas of the surrounding county. Civil lawsuits in these situations would typically be filed in state or federal courts within Harris County (where Houston is located). Potential defendants could include the individual students involved, the local chapter itself, the national fraternity or sorority, and potentially the University of Houston and property owners of off-campus venues.
5.1.5 What UH Students & Parents Should Do
- Report hazing immediately to the UH Dean of Students, UHPD, or through their online reporting forms.
- Document all suspected hazing activities, including dates, times, locations, and involved individuals. Look for and document any prior complaints or known past incidents involving the organization.
- Consider that talking to a lawyer experienced in Houston-based hazing cases can provide unique insights into navigating university bureaucracy and uncovering critical internal files or prior disciplinary actions.
5.2 Texas A&M University
Texas A&M University, particularly its College Station campus, embodies a deeply traditional and often intensely hierarchical culture, exemplified by its Corps of Cadets. This distinct environment, combined with a large Greek community and numerous other student organizations, presents unique hazing challenges that are of concern to the many Smith County area families whose children attend A&M.
5.2.1 Campus & Culture Snapshot
Texas A&M is renowned for its strong traditions, its fiercely loyal Aggie Network, and its military-style Corps of Cadets, which is the largest uniformed body of students outside military academies. The pervasive emphasis on “tradition,” hierarchy, and loyalty in many A&M organizations, including Greek life and the Corps, can, unfortunately, be manipulated to justify hazing, often under the guise of “discipline” or “earning your Aggie Ring.” For Smith County parents, understanding this unique cultural context is essential.
5.2.2 Hazing Policy & Reporting
Texas A&M prohibits hazing both on and off campus, clearly stating it is a violation of state law and university policy. The university’s Student Conduct Office and the Corps of Cadets have specific protocols for addressing and investigating hazing. Reporting channels include the Student Conduct Office, Campus Police (UHD), and the Division of Student Affairs, as well as anonymous reporting options. A&M also publishes a list of disciplinary actions against student organizations.
5.2.3 Example Incidents & Responses
Texas A&M has faced significant hazing issues, both within its Greek system and the Corps.
- In 2021, a severe incident involving Sigma Alpha Epsilon (SAE) resulted in two pledges allegedly being covered in substances, including an industrial-strength cleaner, raw eggs, and spit, causing severe chemical burns that required skin graft surgeries. The pledges sued the fraternity for $1 million, and the chapter was suspended by the university for two years.
- More recently, a Corps of Cadets lawsuit (filed around 2023) alleged degrading hazing, including simulated sexual acts and a cadet being bound between beds in a “roasted pig” pose with an apple in his mouth. The cadet sought over $1 million, prompting Texas A&M to confirm it addressed the matter through its internal processes.
- Historical incidents, such as the Aggie Bonfire collapse in 1999, while not traditional hazing, raised serious questions about student-led high-risk activities and the university’s oversight, leading to settlements totaling over $6 million. These examples underscore how hazing can manifest across different A&M organizations and the university’s consistent, though sometimes controversial, responses.
5.2.4 How a Texas A&M Hazing Case Might Proceed
Hazing cases at Texas A&M often involve the Texas A&M University Police Department (TAMU PD) for campus-based incidents and the Bryan or College Station Police Departments for off-campus events within their respective city limits. The Brazos County Sheriff’s Office might also be involved for incidents in unincorporated areas. Civil lawsuits related to A&M hazing would typically be filed in state or federal courts in Brazos County. These cases may involve unique dynamics relating to the Corps of Cadets’ chain of command and the deeply ingrained “Aggie Spirit” culture that can complicate investigations.
5.2.5 What Texas A&M Students & Parents Should Do
- Report hazing to the A&M Student Conduct Office, TAMU PD, or utilize anonymous reporting options.
- Carefully document any activities that seem inappropriate or dangerous, noting how “tradition” is used to justify questionable behavior.
- Be aware that the intense loyalty to A&M and its organizations can make reporting difficult, but protection for whistleblowers and reporters exists.
- For Smith County families, consulting with an attorney experienced in Texas hazing cases can help navigate the specific “Aggie” cultural nuances and legal pathways relevant to Texas A&M.
5.3 University of Texas at Austin (UT)
The University of Texas at Austin is the state’s flagship public university, known for its academic rigor, vibrant student life, and a highly competitive Greek system. UT has taken a more proactive stance in documenting hazing, offering transparency that can empower Smith County families and hazing victims.
5.2.1 Campus & Culture Snapshot
UT Austin boasts one of the largest and most dynamic student bodies in the nation. Its Greek life is extensive, encompassing IFC, Panhellenic, NPHC, and multicultural organizations, with an active presence both on and off campus. Beyond Greek life, UT is home to numerous spirit groups, academic clubs, and athletic teams, all of which fall under the university’s anti-hazing policies. The combination of strong campus traditions and large student organizations creates a complex environment for managing hazing risks.
5.2.2 Hazing Policy & Reporting
The University of Texas at Austin has a clear zero-tolerance policy for hazing. UT’s policy aligns with state law, prohibiting any acts that endanger health or safety for initiation or group affiliation. UT is notably committed to transparency and maintains a publicly accessible Hazing Violation Search Page (hazing.utexas.edu), which lists sanctioned organizations, the nature of their violations, and the disciplinary actions taken. Reporting channels include the Dean of Students Office, Student Conduct, the Office of Campus Safety, the Title IX Office (if gender-based), UTPD, and anonymous reporting via EthicsPoint.
5.2.3 Example Incidents & Responses
UT’s public Hazing Violations page reveals a consistent pattern of incidents across various organizations.
- In 2023, Pi Kappa Alpha (Pike) was sanctioned after new members were allegedly directed to consume milk and perform strenuous calisthenics, which was deemed hazing. The chapter was placed on probation and required to implement new hazing-prevention education.
- Other student groups, including spirit organizations like the Texas Wranglers, have faced sanctions for forced workouts, alcohol-related hazing, blindfolding, and degrading new members.
- In 2022, the spirit organization “Absolute Texxas” was disciplined for hazing violations that included alcohol/drug misconduct, blindfolding, kidnapping, and degrading new members. These repeated instances, openly documented by UT, provide strong evidence of ongoing hazing issues at the university, despite explicit policies against it.
5.2.4 How a UT Austin Hazing Case Might Proceed
For Smith County families whose children attend UT, hazing incidents could involve the University of Texas Police Department (UTPD) for on-campus events, and/or the Austin Police Department (APD) for off-campus locations within Austin city limits. The Travis County Sheriff’s Office would cover incidents in unincorporated areas. Civil lawsuits would typically be filed in state or federal courts in Travis County. Critically, UT’s public hazing violation records can serve as powerful evidence in civil suits, demonstrating the university’s or a national organization’s knowledge of prior misconduct and a pattern of behavior.
5.2.5 What UT Austin Students & Parents Should Do
- Regularly check UT’s Hazing Violation Search Page (hazing.utexas.edu) to understand the track record of specific organizations.
- Report any suspected hazing to the Dean of Students Office, UTPD, or the Title IX Office, emphasizing the potential for prior complaints detailed in the public database.
- Document all specific details, knowing that UT’s internal records can be instrumental in building a stronger case.
- Consulting with an attorney experienced in Texas hazing, particularly with knowledge of UT’s systems, can maximize the impact of your complaint.
5.4 Southern Methodist University (SMU)
Southern Methodist University is a private institution located in Dallas, known for its strong academic programs and a prominent Greek life scene. Its affluent student body and active social calendar, often centered around Greek organizations, make hazing a persistent concern for many families, including those in Smith County who send their children there.
5.2.1 Campus & Culture Snapshot
SMU’s campus culture emphasizes tradition and community, often strongly tied to its robust fraternity and sorority system. The campus is known for its beautiful architecture and a vibrant social scene, which for many students is closely linked to Greek life events, both on and off campus. This environment, while fostering strong alumni networks, can also create intense pressure to conform to group norms, sometimes leading to hazing practices. The private university setting means that internal disciplinary processes might be less public than those at state-funded institutions.
5.2.2 Hazing Policy & Reporting
SMU has a comprehensive anti-hazing policy that applies to all student organizations, explicitly prohibiting any activity that humiliates, abuses, or endangers the mental or physical health of a student. This policy covers all new member education programs, regardless of location. SMU actively promotes its hazing prevention efforts, offering reporting forms, including an anonymous reporting system (e.g., through platforms like Real Response), and clear channels via the Office of Student Conduct and Community Standards.
5.2.3 Example Incident & Response
SMU has faced its share of hazing allegations and disciplinary actions. A notable incident involved the Kappa Alpha Order in 2017, where new members were reportedly subjected to paddling, forced alcohol consumption, and sleep deprivation. This led to the chapter’s suspension and restrictions on its ability to recruit new members for several years. While SMU strives for transparency in its anti-hazing efforts, as a private university, the specifics of its disciplinary actions and internal investigations may not always be as publicly detailed as those at public universities like UT Austin, often requiring deeper legal inquiry to uncover patterns.
5.2.4 How an SMU Hazing Case Might Proceed
For an incident at SMU, law enforcement could involve the SMU Police Department (SMU PD) for on-campus events, and the Dallas Police Department (DPD) for off-campus incidents within Dallas city limits. The Dallas County Sheriff’s Department would be involved for other parts of Dallas County. Civil lawsuits would typically be filed in state or federal courts in Dallas County. The private nature of SMU means that discovery related to internal university documents may be different than with public institutions, often requiring skilled legal teams to compel the release of critical information on prior incidents or institutional knowledge.
5.2.5 What SMU Students & Parents Should Do
- Report any hazing concerns to the SMU Office of Student Conduct or through their anonymous reporting system.
- Thoroughly document all incidents, conversations, and observed behaviors, as the public record of disciplinary actions may be less comprehensive than at public universities.
- Understand that due to SMU’s private status, obtaining internal documents may require legal action, making early consultation with an attorney crucial.
- For Smith County families, seeking counsel from a Texas hazing lawyer familiar with both public and private university legal landscapes is advisable.
5.5 Baylor University
Baylor University, a private Baptist university in Waco, occupies a unique position among Texas institutions. Its strong religious affiliation and its history of high-profile scandals, particularly involving athletic programs and Title IX violations, shape how it deals with misconduct, including hazing. Smith County families considering Baylor should be aware of this specific context.
5.2.1 Campus & Culture Snapshot
Baylor’s culture is deeply influenced by its Christian mission, emphasizing community, service, and spiritual development. Alongside this, Baylor has competitive athletic programs and an active Greek life, comprising Panhellenic, IFC, NPHC, and multicultural organizations. While the university promotes a values-driven environment, the pressures within student groups can still lead to hazing, sometimes exacerbated by a desire to protect the university’s image.
5.2.2 Hazing Policy & Reporting
Baylor University strictly prohibits hazing, articulating a zero-tolerance policy grounded in state law and its own ethical standards. The policy covers all student organizations and activities, both on and off campus. Reporting channels include the Department of Student Activities, Baylor University Police Department (BUPD), and the Title IX Office (where relevant). Baylor publishes formal decisions related to student organization misconduct, including hazing violations, on its website.
5.2.3 Example Incident & Response
Baylor has faced scrutiny not just for Greek hazing, but for incidents within its athletic programs, particularly against the backdrop of its major sexual assault scandal.
- In 2020, 14 members of the Baylor baseball team were suspended following a hazing investigation. The suspensions, staggered over the early season, highlighted that even high-profile athletic teams are susceptible to hazing despite university policies.
- These incidents occur within an institutional context that has, in the past, faced severe criticism for its handling of misconduct and for prioritizing institutional image over student safety. This history, while not directly involving hazing in all instances, underscores the importance of Baylor’s commitment to enforcement and transparency now.
5.2.4 How a Baylor Hazing Case Might Proceed
Hazing incidents at Baylor would involve the Baylor University Police Department (BUPD) for on-campus events, and the Waco Police Department for off-campus incidents. The McLennan County Sheriff’s Office would cover other areas of McLennan County. Civil lawsuits would typically be filed in state or federal courts in McLennan County. Given Baylor’s private status and past institutional challenges, compelling full discovery of internal communications and prior incident reports requires a strategically aggressive legal approach.
5.2.5 What Baylor Students & Parents Should Do
- Report hazing to the Department of Student Activities or BUPD, maintaining clear records of all communications.
- Be aware of Baylor’s stated policies and how they are enforced, particularly in light of the university’s prior institutional scrutiny.
- Document everything, keeping in mind that the university’s internal processes might be less public than state universities.
- Smith County families should consider consulting with an experienced Texas hazing attorney to navigate the unique landscape of private university litigation and ensure transparency and accountability at Baylor.
Fraternities & Sororities: Campus-Specific + National Histories
Understanding that campus hazing is often a symptom of deeper, systemic issues within national Greek letter organizations is crucial for Smith County families seeking accountability. When a student is harmed at a local chapter at UH, Texas A&M, UT Austin, SMU, or Baylor, it’s rarely an isolated incident confined to that specific campus. More often than not, there’s a national pattern at play, one that has been documented in countless incidents across the country.
Why National Histories Matter
Most fraternities and sororities active on Texas campuses are branches of larger, national organizations. These national headquarters (“nationals”) often have extensive governing structures, anti-hazing manuals, and risk management policies. They implement such measures precisely because they have a long history of chapters engaging in dangerous hazing, leading to severe injuries, deaths, and multi-million dollar lawsuits.
This historical context is vital in civil litigation for several reasons:
- Foreseeability: When a local Texas chapter repeats a hazing ritual (e.g., a “Big/Little” drinking night) that has caused death at another chapter in a different state, the national organization can be argued to have had foreseeable knowledge of the inherent danger. They knew, or should have known, this could happen again.
- Pattern Evidence: A consistent pattern of similar hazing incidents across multiple chapters of the same national organization can demonstrate a failure to adequately train, supervise, or discipline. This moves beyond claims of “rogue members” to suggest a more systemic problem within the national organization itself.
- Negligent Supervision: Nationals are often tasked with advising and overseeing local chapters. If they fail to enforce their own anti-hazing policies, ignore warning signs, or provide insufficient resources, they can be held liable for negligent supervision.
Organization Mapping: National Hazing Hotbeds and Texas Chapters
While it’s impossible to list every chapter on every campus, certain national organizations reappear in hazing incident databases with alarming frequency. Here’s how some of these national histories connect to chapters you might find at Texas universities, including UH, Texas A&M, UT Austin, SMU, and Baylor.
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Pi Kappa Alpha (ΠΚΑ / Pike): This fraternity has a documented national history of severe hazing, particularly involving alcohol.
- National History: Pi Kappa Alpha was at the center of the Stone Foltz (Bowling Green State University, 2021) hazing death, where a pledge died from alcohol poisoning after being forced to consume an entire bottle of liquor. The national organization contributed significantly to the $10 million settlement with Foltz’s family. Another pledge, David Bogenberger (Northern Illinois University, 2012), also died from alcohol poisoning after a Pike event, resulting in a $14 million settlement. These cases underscore a fatal pattern of forced drinking.
- Texas Connection: Pi Kappa Alpha has active chapters at several Texas universities, including the University of Houston and UT Austin, which have faced disciplinary actions related to hazing. The patterns seen nationally are unfortunately replicated locally.
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Sigma Alpha Epsilon (ΣΑΕ / SAE): SAE has arguably one of the most tragic national histories for hazing-related deaths, prompting the national organization to eliminate its traditional pledge process in 2014—though hazing persists.
- National History: SAE has been linked to numerous hazing deaths, primarily involving forced alcohol consumption. Beyond fatalities, recent lawsuits include an allegation of a traumatic brain injury suffered by a pledge at the University of Alabama (2023).
- Texas Connection: SAE has chapters at Texas A&M University, where two pledges alleged severe chemical burns in 2021 after being covered in industrial-strength cleaner and other substances. At UT Austin, an exchange student sued SAE in 2024 for injuries sustained during an alleged assault at a fraternity party, while the chapter was already on suspension for prior violations. These Texas incidents directly reflect disturbing national patterns.
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Phi Delta Theta (ΦΔΘ): This fraternity gained national infamy following a high-profile hazing death.
- National History: Phi Delta Theta was responsible for the death of Maxwell “Max” Gruver (Louisiana State University, 2017), who died from alcohol toxicity during a “Bible study” drinking game. This incident led to a $6.1 million verdict against those responsible and the
enactment of Louisiana’s Max Gruver Act. - Texas Connection: Phi Delta Theta also has chapters at major Texas universities, including Texas A&M and Baylor.
- National History: Phi Delta Theta was responsible for the death of Maxwell “Max” Gruver (Louisiana State University, 2017), who died from alcohol toxicity during a “Bible study” drinking game. This incident led to a $6.1 million verdict against those responsible and the
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Pi Kappa Phi (ΠΚΦ): Another fraternity with a documented fatal hazing incident.
- National History: Pi Kappa Phi was involved in the death of Andrew Coffey (Florida State University, 2017) from acute alcohol poisoning during a “Big Brother Night” event where pledges were given handles of hard liquor.
- Texas Connection: Chapters are present at campuses like UH, Texas A&M, and UT Austin.
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Beta Theta Pi (ΒΘΠ): This fraternity was at the center of one of the most legally complex hazing cases in U.S. history.
- National History: Beta Theta Pi’s Penn State chapter was involved in the Timothy Piazza (Penn State University, 2017) hazing death, resulting in the Timothy J. Piazza Anti-Hazing Law and extensive criminal and civil proceedings that uncovered egregious delays in seeking medical help.
- Texas Connection: Chapters are found at UH, Texas A&M, and UT Austin.
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Phi Gamma Delta (ΦΓΔ / FIJI): FIJI became a national symbol for catastrophic injury due to hazing.
- National History: Phi Gamma Delta was implicated in the Danny Santulli (University of Missouri, 2021) hazing incident, where a pledge suffered severe, permanent brain damage after being forced to consume excessive alcohol. Santulli’s family reached multi-million-dollar settlements with numerous defendants.
- Texas Connection: FIJI maintains chapters at Texas A&M.
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Kappa Sigma (ΚΣ): Kappa Sigma has both recent and historical issues with hazing.
- National History: The Chad Meredith (University of Miami, 2001) drowning death, where an 18-year-old pledge drowned after being pressured to swim across a lake while intoxicated, resulted in a $12.6 million jury verdict against the fraternity and led to Florida’s anti-hazing law being named in his honor. More recently, allegations of hazing resulting in rhabdomyolysis (severe muscle breakdown) are currently being litigated against a Kappa Sigma chapter at Texas A&M (2023).
- Texas Connection: Kappa Sigma has chapters at UH, Texas A&M, UT Austin, and Baylor, demonstrating direct local ties to a fraternity with a national history of severe hazing.
Tie Back to Legal Strategy
For Smith County families, these national patterns aren’t just statistics; they are powerful tools in legal strategy. When a Texas chapter engages in hazing that mirrors incidents seen elsewhere, it strengthens arguments that:
- The national organization had prior warnings and foreseeable knowledge of the risks associated with certain rituals.
- Their anti-hazing policies were either meaninglessly enforced or actively subverted.
- The national organization failed in its duty to adequately train, supervise, and discipline its chapters.
This pattern evidence can significantly influence:
- Settlement Leverage: Demonstrating a pattern pressures national organizations to settle rather than risk trial.
- Insurance Coverage: It helps overcome arguments by insurers that hazing was an “unforeseeable accident” or “intentional act” not covered by policies.
- Punitive Damages: In egregious cases, repeated failures can be grounds for punitive damages, designed to punish reckless behavior and deter future misconduct.
By understanding these national and campus-specific histories, we build more robust cases for accountability and justice for hazing victims in Texas.
Building a Case: Evidence, Damages, Strategy
Successfully pursuing a hazing case in Texas, whether involving a university in Houston, Austin, College Station, Dallas, or Waco, requires a meticulous approach to evidence collection, a deep understanding of potential damages, and a strategic legal plan. For Smith County families, knowing what kind of evidence is critical and what to expect in terms of compensation is essential.
7.1 Evidence
In modern hazing cases, evidence is everything, and much of it lives in the digital realm. We use comprehensive investigative techniques to uncover every available piece of information:
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Digital Communications: These are often the most critical pieces of evidence. We look for group chats, direct messages, and chat histories from:
- GroupMe, WhatsApp, iMessage, SMS group texts.
- Discord, Slack, Fraternity/Sorority-specific apps.
- Instagram DMs, Snapchat messages, TikTok comments.
This evidence reveals planning, intent, knowledge, and participation, showing who was involved and what was said before, during, and after hazing incidents. Crucially, digital forensics can often recover deleted messages, but original screenshots are invaluable. We advise families to immediately screenshot any relevant content, capturing full threads with sender names and timestamps. As Attorney911 details in our video on using your cellphone to document a legal case (https://www.youtube.com/watch?v=LLbpzrmogTs), proper preservation of digital evidence is paramount.
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Photos & Videos: This category includes any media filmed by members during hazing events, footage shared in group chats, or publicly posted on social media. We also look for security camera or Ring/doorbell footage from houses or event venues. Photos of injuries, humiliating acts, or forced drinking are powerful.
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Internal Organization Documents: These can include pledge manuals, initiation scripts, “tradition” lists, emails or texts from officers giving instructions, and the national organization’s anti-hazing policies or training materials. These documents often expose the systematic nature of hazing.
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University Records: Through discovery or public records requests (for public universities like UH, Texas A&M, UT Austin), we seek:
- Prior conduct files, probation orders, or suspension records for the organization involved.
- Letters of warning and incident reports filed with campus police or student conduct offices.
- Clery Act reports and similar disclosures that can indicate patterns of misconduct.
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Medical and Psychological Records: These document the extent of the harm done:
- Emergency room reports, ambulance records, and hospitalization notes.
- Surgery and rehabilitation notes.
- Toxicology reports (especially important in alcohol/drug hazing cases).
- Psychological evaluations that diagnose PTSD, depression, anxiety, or suicidality resulting from the trauma.
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Witness Testimony: Eyewitness accounts are crucial. This includes statements from other pledges, current or former members, roommates, Resident Advisors (RAs), coaches, trainers, or any relevant bystanders. Former members who quit or were expelled for refusing to haze are often key witnesses.
7.2 Damages
When hazing results in injury or death, victims and their families can pursue various types of damages to compensate for their losses. We want Smith County families to understand the full scope of potential recovery:
- Medical Bills & Future Care: This covers all costs related to physical injuries, from immediate emergency room visits and hospital stays to long-term surgeries, physical therapy, medication, and ongoing specialized care (e.g., for brain injuries or organ damage).
- Lost Earnings / Educational Impact: This includes lost income if the student is unable to work, the financial impact of missed semesters, lost scholarships, and the long-term reduction in earning capacity if injuries lead to permanent disability.
- Non-Economic Damages: These compensate for the profound, non-financial suffering endured, including physical pain and suffering, emotional distress (trauma, humiliation, anxiety, PTSD), and the loss of enjoyment of life (inability to participate in activities, social withdrawal).
- Wrongful Death Damages (for Families): In the most tragic cases, where hazing results in death, immediate family members (parents, spouse, children) can seek compensation for funeral and burial costs, loss of financial support from the deceased, and non-economic damages for the immense grief, loss of companionship, and emotional suffering they endure. Attorney911 has extensive wrongful death experience, as detailed at https://attorney911.com/law-practice-areas/wrongful-death-claim-lawyer/, having recovered millions for families in catastrophic injury and wrongful death cases.
- Punitive Damages: In cases of extreme recklessness, malice, or deliberate indifference, punitive damages may be awarded. These are not meant to compensate the victim but to punish the defendant and deter similar conduct in the future. Texas law allows for punitive damages under specific circumstances, often when there is gross negligence or intentional misconduct.
(It’s important to note that while we describe types of damages, specific dollar amounts depend on the unique facts of each case, the extent of injuries, and applicable laws.)
7.3 Role of Different Defendants and Insurance Coverage
Part of our strategic approach involves identifying all potentially liable parties and their available insurance coverage.
- Insurance Policies: National fraternities, universities, and sometimes individual members often carry insurance policies designed to cover general liability. However, insurers frequently try to deny coverage in hazing cases by arguing that hazing, especially if it involves “intentional acts” or “criminal behavior,” is explicitly excluded from their policies.
- Experienced Hazing Lawyers: Our team, including Lupe Peña with her background as a former insurance defense attorney (https://attorney911.com/attorneys/lupe-pena/), understands these tactics. We work to:
- Identify all potential sources of insurance coverage, including umbrella policies, homeowner’s policies, and general liability.
- Navigate complex disputes about policy exclusions and argue that even if the hazing was intentional, the defendant’s negligent supervision (a potentially covered act) contributed to the harm.
- Force insurers to fulfill their duty to defend claims or pursue bad faith claims if they wrongfully deny coverage.
- Complex Litigation Experience: Ralph Manginello’s experience in complex cases like the BP Texas City explosion litigation demonstrates our firm’s capability to take on powerful defendants with deep pockets. This experience is directly transferable to litigating against well-resourced national fraternities, universities, and their insurers. When hazing results in criminal charges for individuals, Attorney911’s criminal defense expertise, detailed at https://attorney911.com/law-practice-areas/criminal-defense-lawyers/, means we can advise on both the criminal exposure and civil liability aspects of a case.
This intricate dance with powerful institutions and their insurers is a crucial part of maximizing recovery for hazing victims and their families.
Practical Guides & FAQs
Victims of hazing and their families often feel overwhelmed, confused, and isolated. For Smith County parents, students, and witnesses, knowing what steps to take and what pitfalls to avoid can make all the difference.
8.1 For Parents: Recognizing & Responding to Hazing
As a parent, your intuition is your most powerful tool. Trust it. If something feels off, it probably is.
Warning Signs of Hazing:
- Physical Changes: Unexplained bruises, burns, cuts, or injuries your child can’t (or won’t) explain convincingly. Extreme fatigue, weight loss/gain, or visible signs of sleep deprivation. Chemical burns, rashes, or other skin damage.
- Behavioral & Emotional Shifts: Sudden secrecy about organizational activities (“I can’t talk about it,” “It’s a secret”). Withdrawal from family, old friends, or non-group activities. Marked changes in personality, increased anxiety, depression, irritability, or anger. A sudden obsession with pleasing older members, or expressions like “I just have to get through this.”
- Academic Red Flags: Unexpected and sudden drops in grades, missing classes, or falling asleep in class. Prioritizing “mandatory” group events over academics.
- Digital Clues: Constant monitoring of group chats, anxiety when their phone rings, or immediately deleting messages. Newly installed geo-location tracking apps demanded by the organization.
How to Talk to Your Child:
- Approach with love and concern, not accusation. Start with open-ended questions like, “How are you really doing with [organization name]?”
- Emphasize that their safety and well-being are your top priorities, far above any group’s status or traditions.
- Let them know you will support them, no matter what, and that leaving a dangerous situation is a sign of strength, not weakness.
If Your Child is Hurt:
- Seek immediate medical attention for any injuries. Do not delay.
- Document everything. Photograph injuries from multiple angles and over several days. Screenshot any text messages, group chats, or social media posts your child shows you. Write down every detail they share with you – who, what, when, where – while it’s fresh.
- When to Talk to a Lawyer: If your child has sustained significant physical or psychological harm, or if you feel the university or organization is minimizing or covering up the incident, contact an experienced hazing attorney immediately.
Dealing with the University:
- Document every communication you have with university administrators. Ask direct questions about prior incidents involving the specific organization and what actions the school took. It’s important to understand the university’s history with the group in question.
8.2 For Students / Pledges: Self-Assessment & Safety Planning
If you’re reading this, you might be in a tough spot, feeling pressured and confused. Understand that your safety and well-being are paramount.
Is This Hazing or Just Tradition?
- Ask yourself: Am I being forced, pressured, or coerced to do something I genuinely don’t want to do? Is this activity dangerous, degrading, embarrassing, or making me feel unsafe? Does this activity make me feel physically or mentally unhealthy? Would I do this if my parents or the university knew exactly what was happening? If the answer is yes to any of these, it’s hazing. If you’re being told to hide it, it’s hazing.
Why “Consent” Isn’t the End of the Story:
- The “everyone agrees” defense is a common manipulation tactic. The law, especially in Texas, recognizes that true consent is impossible when there’s a power imbalance, intense peer pressure, economic threats (like losing a scholarship), or fear of social exclusion. You have the right to be safe, regardless of initial “agreement.”
Exiting and Reporting Safely:
- You have the absolute right to leave a group or activity at any time. If you feel unsafe, remove yourself from the situation first.
- Make sure someone you trust outside the organization knows what’s happening – a parent, an RA, a close friend, or a counselor.
- If you need to formally withdraw, send a simple email or text to the chapter president or new member educator stating you are resigning your pledge/membership. Do not go to a “final meeting” alone where you might be pressured.
- Good-Faith Reporting & Amnesty: Many schools and Texas law encourage calling for help in emergencies. If someone needs medical attention due to hazing (especially involving alcohol), you will generally not get into trouble for reporting it, even if you were also involved or underage. Your school’s counseling center can provide confidential support without reporting to university conduct.
8.3 For Former Members / Witnesses
You may carry a heavy burden of guilt, regret, or fear of retaliation. What you witnessed or participated in can help prevent future tragedies.
- Your Testimony Matters: Your perspective and evidence can be incredibly powerful in holding perpetrators and institutions accountable, preventing future harm, and potentially saving lives.
- Seeking Legal Advice: You may want to seek your own legal advice, as cooperating with an investigation or lawsuit can have implications. An attorney can help you understand your rights and navigate your role as a witness or even as a co-defendant. In Texas, our firm’s criminal defense experience can be particularly valuable in these complex situations.
- Anonymity & Protection: Many reporting channels offer anonymity. Lawyers can also help protect witnesses from retaliation. Cooperating can be a critical step toward healing and accountability.
8.4 Critical Mistakes That Can Destroy Your Case
For Smith County families, navigating the aftermath of hazing can be confusing. Avoid these common missteps that can severely undermine a legal claim:
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Letting Your Child Delete Messages or “Clean Up” Evidence: Parents often want to protect their child from further trouble, but deleting crucial evidence like group chats looks like a cover-up and makes a legal case nearly impossible to build.
- What to do instead: Preserve everything immediately, even embarrassing or seemingly minor content. Take screenshots of every relevant message, photo, and video.
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Confronting the Fraternity/Sorority Directly: While your anger is justified, a direct confrontation immediately triggers their defense mechanisms. They will “lawyer up,” destroy evidence, coach witnesses, and prepare their counter-narrative.
- What to do instead: Document everything in private, then consult with an attorney before any direct communication with the organization.
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Signing University “Release” or “Resolution” Forms Without Legal Review: Universities may pressure families to sign waivers or internal “resolutions.” These documents often contain language that waives your right to pursue further legal action or settle for far less than your case is worth.
- What to do instead: Absolutely do NOT sign anything from the university or organization without an attorney reviewing it first.
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Posting Details on Social Media Before Talking to a Lawyer: While you may want to alert others, publicly posting about the incident can compromise your case. Defense attorneys will scrutinize every word, and any inconsistencies can be used against you.
- What to do instead: Document privately and control information dissemination. Your legal team can advise on strategic public messaging.
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Letting Your Child Go Back for “One Last Meeting”: Once you’re considering legal action, any communication with the organization should be through your attorney. These meetings are often designed to pressure, intimidate, or extract statements that could harm your case.
- What to do instead: Politely decline any such invitations once legal counsel is involved.
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Waiting “to See How the University Handles It”: Universities process hazing complaints on their own timelines and with their own interests in mind, which may not align with yours. Evidence disappears quickly, witnesses graduate, and the statute of limitations can run out.
- What to do instead: Preserve evidence NOW and consult an attorney immediately. The university’s internal process is not a substitute for legal accountability.
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Talking to Insurance Adjusters Without a Lawyer: Insurance adjusters are trained to minimize payouts. They will try to get recorded statements or offers that undervalue your claim.
- What to do instead: Politely decline to speak with them directly and refer them to your attorney. Attorney911’s video on client mistakes that can ruin your injury case (https://www.youtube.com/watch?v=r3IYsoxOSxY) provides even more essential advice.
8.5 Short FAQ
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“Can I sue a university for hazing in Texas?”
Yes, under certain circumstances. Public universities like UH, Texas A&M, and UT Austin have some sovereign immunity protections, but exceptions exist for gross negligence, willful misconduct, and Title IX violations. Private universities like SMU and Baylor generally have fewer immunity protections. Every case depends on its specific facts – contact Attorney911 at 1-888-ATTY-911 for a case-specific analysis. -
“Is hazing a felony in Texas?”
Yes, it can be. Texas law classifies hazing as a Class B misdemeanor by default, but it becomes a state jail felony if the hazing causes serious bodily injury or death. Individuals, including officers of an organization, can also face charges for failing to report hazing. -
“Can my child bring a case if they ‘agreed’ to the initiation?”
Yes. Texas Education Code § 37.155 explicitly states that consent is not a defense to hazing. Courts recognize that “consent” given under peer pressure, power imbalance, and fear of exclusion is not true voluntary consent. -
“How long do we have to file a hazing lawsuit in Texas?”
Generally, you have 2 years from the date of injury or death to file a personal injury or wrongful death lawsuit in Texas. However, the “discovery rule” may extend this if the harm or its cause wasn’t immediately known. In cases involving cover-ups or fraud, the statute may be tolled (paused). Time is critical – evidence disappears, witnesses’ memories fade, and organizations destroy records. For more on this, watch our video on the statute of limitations: https://www.youtube.com/watch?v=MRHwg8tV02c. Call 1-888-ATTY-911 immediately for an evaluation. -
“What if the hazing happened off-campus or at a private house?”
The location of hazing does not eliminate liability. Universities and national fraternities can still be held liable based on their sponsorship, control, knowledge, and whether the hazing was foreseeable. Many major hazing cases that resulted in multi-million-dollar judgments, such as the Pi Delta Psi retreat case or the Sigma Pi “unofficial house” case, occurred off-campus. -
“Will this be confidential, or will my child’s name be in the news?”
While high-profile cases can generate media attention, most hazing cases ultimately resolve through confidential settlements before a trial. We prioritize your family’s privacy and work to minimize public exposure while pursuing accountability. We can discuss strategies for maintaining confidentiality during litigation.
About The Manginello Law Firm + Call to Action
When your family faces a hazing case, you need more than a general personal injury lawyer. You need attorneys who understand how powerful institutions fight back—and, crucially, how to win anyway. For families in Smith County, facing hazing allegations at any Texas campus, The Manginello Law Firm, PLLC, operating as Attorney911, offers that specialized expertise.
From our Houston office, we serve families throughout Texas, including Smith County and the surrounding East Texas region. We understand that hazing at Texas universities affects families across the state, and we are committed to providing exceptional legal representation regardless of geographical distance.
At Attorney911, we bring a unique and powerful combination of experience to hazing litigation:
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Insurance Insider Advantage: Our Associate Attorney, Lupe Peña, spent years as an insurance defense attorney for a national defense firm, learning firsthand how large insurance companies—including those representing national fraternities and universities—value claims, negotiate, and defend cases. This invaluable insider knowledge allows us to anticipate their tactics, navigate complex coverage exclusion arguments, and force fair settlements. We know their playbook because we used to run it. Lupe’s full profile is available at https://attorney911.com/attorneys/lupe-pena/.
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Complex Litigation Against Massive Institutions: Ralph Manginello, our Managing Partner, has extensive experience in federal complex litigation, including being one of the few Texas firms involved in the BP Texas City explosion litigation. This means we are not intimidated by well-resourced national fraternities, universities, or their formidable defense teams. We have taken on billion-dollar corporations and won, and we know how to fight powerful defendants effectively. You can learn more about Ralph’s credentials at https://attorney911.com/attorneys/ralph-manginello/.
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Multi-Million Dollar Wrongful Death and Catastrophic Injury Experience: We have a proven track record in obtaining multi-million dollar settlements and verdicts in complex wrongful death and catastrophic injury cases. We work with economists to properly value loss of life and develop comprehensive life care plans for victims with permanent disabilities, such as in brain injury cases. When we take on a case, we build it to force accountability, not just a quick settlement.
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Criminal + Civil Hazing Expertise: Ralph’s membership in the Harris County Criminal Lawyers Association (HCCLA) provides us with a crucial understanding of how criminal hazing charges interact with civil litigation. This unique insight allows us to advise witnesses and former members who may face dual exposure, ensuring a holistic approach to complex hazing cases.
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Investigative Depth: We are relentless in our pursuit of evidence. Our network of experts includes digital forensics specialists (crucial for recovering deleted group chats and social media evidence), medical professionals, and psychologists. We meticulously subpoena national fraternity records for pattern evidence and uncover university files through discovery and public records requests. We investigate like your child’s life depends on it – because it does.
We understand that hazing cases are deeply personal and emotionally charged. We know this is one of the hardest things a family can face. Our job is to get you answers, hold the right people accountable, and help prevent this from happening to another family. We approach each case with empathy, professionalism, and the aggressive advocacy needed to challenge powerful institutions.
Call to Action for Smith County Families
If you or your child has experienced hazing at any Texas campus, including UH, Texas A&M, UT Austin, SMU, or Baylor, we want to hear from you. Families in Smith County and throughout the surrounding region have the right to answers and accountability.
Contact The Manginello Law Firm, PLLC / Attorney911 for a confidential, no-obligation consultation. We will listen to what happened without judgment, explain your legal options, and help you decide on the best path forward.
Here’s what you can expect in your free consultation:
- We’ll listen to your story with compassion and without judgment.
- We’ll review any evidence you’ve gathered, such as photos, texts, or medical records.
- We’ll explain your legal options clearly: whether to pursue a criminal report, a civil lawsuit, both, or neither.
- We’ll discuss realistic timelines and what to expect from the legal process.
- We’ll answer all your questions, including how our contingency fee structure works – we don’t get paid unless we win your case. You can learn more by watching our video explaining contingency fees: https://www.youtube.com/watch?v=upcI_j6F7Nc.
- There is no pressure to hire us on the spot; we encourage you to take the time you need to decide.
- Everything you tell us is strictly confidential.
You don’t have to face this alone.
Contact us today:
- 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
Hablamos Español – Contact Lupe Peña at lupe@atty911.com for consultation in Spanish. Servicios legales en español disponibles.
Whether you’re in Smith County or anywhere across Texas, if hazing has impacted your family, your community, or your child’s future, you deserve justice. Call us today.
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

