The Comprehensive Guide to Hazing Incidents, Lawsuits, and Family Rights for Niederwald, Hays County, and Central Texas
A Message to Parents in Niederwald and Hays County
It starts quietly.
Your child, excited about starting college at Texas State University or another Texas campus, talks about joining a fraternity, sorority, spirit group, or the Corps of Cadets. They want the friendships, the network, the college experience they’ve seen in movies. As parents in Niederwald, Dripping Springs, Wimberley, and across beautiful Hays County, you support their journey—you helped them move into the dorm, bought their textbooks, and waved goodbye with a mixture of pride and anxiety.
Then the calls change. The excitement fades. They’re exhausted all the time, making excuses for bruises, suddenly secretive about their phone. They’re missing family events, their grades are slipping, and they flinch when you ask simple questions about their new “friends.” You hear whispers about “traditions,” “pledging,” and “earning your letters.” A parent’s intuition screams that something is wrong, but your child swears everything is fine, that “this is just how it’s done.”
Meanwhile, just a few hours east in Houston, another family’s nightmare became a public legal battle that reveals exactly what “how it’s done” can mean in 2025.
Right now, we are actively litigating one of the most serious hazing cases in Texas. We represent Leonel Bermudez, a University of Houston student who nearly died after what should have been a safe pledge period with Pi Kappa Phi’s Beta Nu chapter. According to the lawsuit filed in Harris County, Bermudez was subjected to months of systematic abuse that included forced humiliating dress codes, overnight driving duties, extreme physical workouts, being sprayed in the face with a hose “similar to waterboarding,” and forced consumption of milk, hot dogs, and peppercorns until vomiting. The culmination was a November 3rd “workout” where he was forced through 100+ push-ups and 500 squats under threat of expulsion from the pledge class.
The result? Bermudez developed rhabdomyolysis—severe muscle breakdown—and acute kidney failure. His urine turned brown, he couldn’t stand without help, and he spent four days hospitalized with critically high creatine kinase levels. He now faces ongoing risk of permanent kidney damage. The Pi Kappa Phi chapter was suspended on November 6, 2025, and members voted to surrender their charter on November 14. The University of Houston called the conduct “deeply disturbing” and promised cooperation with law enforcement.
This $10 million lawsuit against UH, Pi Kappa Phi national headquarters, their housing corporation, and 13 individual fraternity leaders isn’t a story from another state or another era. This is happening right now in Texas, to a student whose parents trusted the system just like you might be trusting it today.
If you’re reading this as a parent in Niederwald, Kyle, Buda, or anywhere in Hays County whose child is involved with Greek life, athletics, the Corps, or any campus organization at Texas State University or elsewhere, this guide is for you. We’ll explain what modern hazing really looks like, what Texas law says about it, what’s happening on Texas campuses, and—most importantly—what rights your family has when institutions fail to protect your child.
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 for Texas Students
Beyond the Stereotypes: Modern Hazing Tactics
Hazing isn’t just “boys will be boys” pranks or harmless traditions. In 2025, hazing has evolved into sophisticated, often digitally-enabled patterns of coercion and abuse that can cause permanent physical and psychological damage. For families in Niederwald and Hays County with students at Texas State University or other Texas campuses, understanding these modern tactics is crucial for recognizing danger signs.
Alcohol and Substance Hazing remains the most common and deadly form. This includes forced consumption during “Big/Little” nights, “bid acceptance” parties, drinking games framed as “Bible study” or “family tree,” and pressure to consume dangerous quantities in short periods. The Leonel Bermudez case at UH involved forced consumption of specific foods and liquids until vomiting—a classic alcohol/substance hazing pattern even without alcohol.
Physical Hazing has become more extreme and scientifically dangerous. What families might dismiss as “hard workouts” can actually be life-threatening. Bermudez’s rhabdomyolysis resulted from forced calisthenics far beyond safe limits. Other physical hazing includes paddling, beatings, sleep deprivation, food/water restriction, and exposure to extreme temperatures.
Digital and Psychological Hazing represents the newest frontier. This includes 24/7 group chat monitoring where pledges must respond instantly at all hours, social media humiliation through forced TikTok challenges or Instagram dares, location tracking via apps, and psychological manipulation through isolation, threats, and control of social connections.
Sexualized and Humiliating Hazing continues despite increased awareness. This encompasses forced nudity, simulated sexual acts, degrading costumes or roles, and acts with racial, sexist, or homophobic overtones designed to strip away dignity.
The Locations Have Changed Too
Hazing no longer happens only in official fraternity houses. Today’s dangerous activities occur at:
- Off-campus houses and apartments (like the Culmore Drive residence in the UH Pi Kappa Phi case)
- Remote retreats and Airbnbs (where organizations believe they’re beyond university oversight)
- “Unofficial” chapter houses after a group loses recognition
- Public parks and spaces (like Yellowstone Boulevard Park in Houston)
- Virtual spaces through Zoom calls and group chats
The Power Dynamics That Make “Consent” Meaningless
One of the most important concepts for Hays County families to understand is why “my child agreed to it” doesn’t end the conversation. Texas law recognizes—as do courts nationwide—that true consent cannot exist when there’s a massive power imbalance, fear of social exclusion, and systematic coercion. When your child faces the choice between participating in dangerous activities or being ostracized from their new friend group, losing their “bid,” or being labeled “not committed,” that’s not voluntary participation. That’s coercion.
Texas Hazing Law: What Niederwald Families Need to Know
The Texas Education Code Framework
Texas has specific anti-hazing laws in the Education Code, Chapter 37, Subchapter F. For parents in Niederwald, Wimberley, and across Hays County, understanding these provisions is essential because they govern cases involving students at Texas State University and all other Texas public institutions.
§ 37.151: Definition of Hazing
Hazing means any intentional, knowing, or reckless act, on or off campus, by one person alone or with others, directed against a student, that:
- Endangers the mental or physical health or safety of a student, AND
- Occurs for the purpose of pledging, initiation into, affiliation with, holding office in, or maintaining membership in any organization whose members include students.
Key implications for Texas families:
- Location doesn’t matter—on-campus, off-campus, at retreats, all are covered
- Mental harm counts as much as physical harm
- “Reckless” is enough—they don’t need to have intended harm
- The organization can be ANY group with student members: fraternities, sororities, athletic teams, spirit groups, academic clubs, Corps units
§ 37.152: Criminal Penalties
- Class B Misdemeanor: Hazing that doesn’t cause serious bodily injury (up to 180 days jail, $2,000 fine)
- Class A Misdemeanor: Hazing that causes bodily injury requiring medical treatment
- State Jail Felony: Hazing that causes serious bodily injury or death
§ 37.155: Consent is NOT a Defense
This is perhaps the most important provision for families to understand. The law explicitly states that it is not a defense to prosecution that the person being hazed consented to the hazing activity. This legal recognition of power dynamics means that even if your child “went along with it,” the perpetrators can still face criminal charges and civil liability.
Criminal vs. Civil Cases: Understanding the Difference
Criminal Cases:
- Brought by the state (prosecutor’s office)
- Goal: Punishment (jail time, fines, probation)
- Charges can include: hazing, furnishing alcohol to minors, assault, battery, manslaughter in fatal cases
- Standard: Proof “beyond a reasonable doubt”
Civil Cases:
- Brought by victims and their families
- Goal: Compensation for damages and accountability
- Claims can include: negligence, gross negligence, wrongful death, negligent supervision, premises liability, emotional distress
- Standard: “Preponderance of the evidence” (more likely than not)
Critical Insight: These cases can—and often do—run simultaneously. A criminal case not being pursued doesn’t prevent a civil case, and a criminal conviction isn’t required for civil success. In fact, many families achieve substantial accountability through civil litigation even when criminal charges aren’t filed.
Federal Laws That Apply in Texas
The Stop Campus Hazing Act (2024)
This federal law requires colleges receiving federal aid to:
- Report hazing incidents more transparently
- Strengthen hazing education and prevention programs
- Maintain public hazing data (phased in by around 2026)
For Texas State University and other Hays County families, this means increased transparency is coming, but accountability often still requires legal action.
Title IX and Clery Act Implications
When hazing involves sexual harassment, assault, or gender-based hostility, Title IX obligations trigger. The Clery Act requires reporting of certain campus crimes. These federal frameworks provide additional avenues for accountability when universities fail in their duties.
Who Can Be Held Liable in a Texas Hazing Case?
Understanding the full scope of potential liability is crucial for achieving meaningful accountability:
Individual Students: Those who planned, executed, or covered up the hazing. In the UH Pi Kappa Phi case, 13 individual members were named, including the chapter president, pledgemaster, and risk manager.
Local Chapters: The fraternity, sorority, or organization itself if it operates as a legal entity.
National Organizations: Headquarters that set policies, receive dues, and oversee chapters. Their knowledge of prior incidents at other chapters creates “foreseeability” that strengthens negligence claims.
Universities and Governing Boards: Schools may be liable under negligence theories if they knew or should have known about dangers and failed to act. Public universities like Texas State have some sovereign immunity protections, but exceptions exist for gross negligence.
Housing Corporations and Alumni Associations: These separate legal entities often hold insurance and assets. In the UH case, the Pi Kappa Phi Beta Nu housing corporation was named as a defendant.
Third Parties: Property owners, landlords, alcohol providers (under dram shop laws), and security companies may share liability.
National Hazing Cases: Patterns Every Texas Family Should Recognize
The Alcohol Poisoning Pattern: Repeated Tragedies
Timothy Piazza – Penn State, Beta Theta Pi (2017)
A bid-acceptance night with forced drinking led to Piazza suffering fatal falls captured on chapter security cameras. Brothers delayed calling for help for hours. The case resulted in dozens of criminal charges, substantial civil settlements, and Pennsylvania’s Timothy J. Piazza Anti-Hazing Law. Lesson for Texas families: Delayed medical response dramatically increases liability and tragedy.
Max Gruver – LSU, Phi Delta Theta (2017)
A “Bible study” drinking game where incorrect answers meant forced drinking resulted in Gruver’s death from alcohol toxicity (BAC 0.495%). This led to Louisiana’s Max Gruver Act making hazing a felony. Lesson: What’s framed as “games” or “traditions” can be deadly coercion.
Stone Foltz – Bowling Green State, Pi Kappa Alpha (2021)
Foltz was forced to drink nearly a full bottle of whiskey during a “Big/Little” event and died from alcohol poisoning. The case resulted in a $10 million settlement ($7M from Pi Kappa Alpha national, ~$3M from BGSU) and criminal convictions. Lesson: National organizations face massive liability when their chapters repeat known dangerous patterns.
Andrew Coffey – Florida State, Pi Kappa Phi (2017)
Another “Big Brother” night, another handle of liquor, another preventable death. Coffey’s case led to FSU temporarily suspending all Greek life. Lesson: The same national organizations operate in Texas with the same risks.
Physical and Ritualized Hazing Patterns
Chun “Michael” Deng – Baruch College, Pi Delta Psi (2013)
Deng died from traumatic brain injuries during a blindfolded “glass ceiling” ritual at a fraternity retreat. The national fraternity was convicted of aggravated assault and involuntary manslaughter—a landmark case showing organizational criminal liability. Lesson: Off-campus retreats don’t eliminate liability; they often increase danger through isolation.
Danny Santulli – University of Missouri, Phi Gamma Delta (2021)
Santulli suffered severe, permanent brain damage from forced drinking during a “pledge dad reveal” night. He now requires 24/7 care. His family settled with 22 defendants. Lesson: Non-fatal injuries can still be catastrophic, with lifetime care costs reaching millions.
Athletic Program Hazing: Beyond Greek Life
Northwestern University Football (2023–2025)
Former players alleged systemic sexualized and racist hazing within the football program, leading to multiple lawsuits, the firing of head coach Pat Fitzgerald, and confidential settlements. Lesson: Hazing extends far beyond Greek life into major athletic programs with big budgets and powerful institutional protection.
What These National Cases Mean for Hays County Families
These patterns repeat because the underlying dynamics—power imbalance, tradition, secrecy, institutional protection—exist everywhere, including at Texas State University and other schools where Hays County students enroll. The specific fraternities and sororities involved in these national tragedies (Pi Kappa Alpha, Beta Theta Pi, Phi Delta Theta, Pi Kappa Phi) all have chapters at Texas schools. The same national headquarters, the same insurance companies, the same defense tactics that families faced in Pennsylvania, Louisiana, and Ohio will be deployed against Texas families.
Texas Focus: Where Hays County Students Actually Attend
Understanding the Local Landscape
Families in Niederwald, Dripping Springs, Kyle, and across Hays County typically send their children to a mix of nearby institutions and major Texas universities. Your legal strategy must account for where your child actually attends and the specific ecosystems at those schools.
Texas State University: San Marcos (Hays County)
For Niederwald families, Texas State is often the closest major university, literally in our backyard in San Marcos.
Campus Culture and Greek Life
Texas State University hosts approximately 30 fraternities and sororities across four governing councils: Interfraternity Council (IFC), College Panhellenic Council (CPC), National Pan-Hellenic Council (NPHC), and Multicultural Greek Council (MGC). The university also has active athletic teams, spirit organizations, and diverse student clubs where hazing can occur.
Texas State’s Hazing Policy and Reporting
Texas State prohibits hazing as defined by Texas law and outlines specific prohibited behaviors including forced alcohol consumption, physical abuse, sleep deprivation, and psychological manipulation. Reporting channels include:
- Dean of Students Office
- Student Conduct Office
- Texas State University Police Department
- Online reporting forms
Documented Incidents and Pattern Awareness
While specific recent cases may not be publicly detailed, the patterns seen nationally absolutely occur at Texas State. Fraternities and sororities at Texas State are chapters of the same national organizations involved in tragedies elsewhere. The geographic proximity to Niederwald means Hays County families are directly affected by whatever happens at Texas State.
How a Texas State Hazing Case Proceeds
- Jurisdiction: Cases typically involve Hays County courts (since San Marcos is the county seat)
- Law Enforcement: Texas State University Police Department and San Marcos Police Department
- Potential Defendants: Individuals, local chapters, national organizations, and potentially Texas State University depending on facts
- Local Legal Landscape: We understand Hays County courts and procedures intimately
What Texas State Students and Parents Should Do
- Document everything – Texas State’s proximity means evidence can be preserved quickly
- Understand both university and criminal processes – The Dean of Students office and Hays County DA’s office may both be involved
- Recognize that “it’s just Texas State” doesn’t minimize harm – The same dangerous behaviors occur everywhere
- Act quickly – With students living close to home, family intervention can happen faster
University of Texas at Austin
Many Hays County students attend UT Austin, just 30 miles north of Niederwald.
UT’s Public Transparency Advantage
UT Austin maintains a public Hazing Violations page that lists organizations, dates, conduct, and sanctions—one of the most transparent systems in Texas. Recent entries show ongoing issues despite this transparency.
Documented Incidents at UT
- Pi Kappa Alpha (2023): New members directed to consume milk and perform strenuous calisthenics; chapter placed on probation
- Sigma Alpha Epsilon (2024): Australian exchange student alleged assault resulting in dislocated leg, broken ligaments, fractured tibia, and broken nose; lawsuit filed for over $1 million
- Various spirit organizations and other groups sanctioned for forced workouts, alcohol-related hazing, or punishment-based practices
UT’s Hazing Response Framework
- Office of the Dean of Students investigates
- UTPD handles criminal aspects
- Public reporting creates discoverable evidence for civil cases
For Hays County Families with Students at UT
- The proximity to Austin means we can investigate quickly
- UT’s public violations page provides valuable pattern evidence
- Travis County courts are familiar with hazing cases
Texas A&M University
Many Central Texas families have Aggie traditions.
The Corps of Cadets Dynamic
Texas A&M’s unique Corps culture presents specific hazing risks alongside traditional Greek life dangers.
Documented Incidents
- Sigma Alpha Epsilon (~2021): Pledges allegedly covered in substances including industrial-strength cleaner, causing severe chemical burns requiring skin graft surgeries; $1 million lawsuit
- Corps of Cadets Lawsuit (2023): Cadet alleged degrading hazing including simulated sexual acts and being bound between beds in a “roasted pig” pose; sought over $1 million
- Ongoing investigations into physical hazing resulting in rhabdomyolysis injuries
Special Considerations for A&M Cases
- Both university and Corps disciplinary systems may apply
- Brazos County jurisdiction
- Deep institutional traditions that can enable hazing cultures
University of Houston
As demonstrated by our active Bermudez case, serious hazing happens at UH.
The Bermudez Case Context
Our representation of Leonel Bermudez gives us particular insight into UH’s Greek ecosystem and institutional response patterns. The specific allegations—pledge fanny packs with humiliating contents, forced physical exertion leading to rhabdomyolysis, waterboarding-like torture—represent extreme but illustrative examples of what can happen.
UH’s Response Pattern
- Initial statement calling conduct “deeply disturbing”
- Cooperation with law enforcement promised
- Chapter suspension followed by charter surrender
- This pattern is typical: public concern followed by behind-the-scenes management
For Hays County Families at UH
- Harris County jurisdiction
- Complex multi-defendant cases (we’re handling one right now)
- Need for immediate evidence preservation given urban environment
Baylor University and Southern Methodist University
Private institutions with different dynamics but similar risks.
Baylor’s Context
- Religious identity intersects with Greek life
- History of scrutiny over institutional responses
- Baseball hazing incident (2020) with 14 players suspended
SMU’s Profile
- Affluent student body with strong Greek presence
- Kappa Alpha Order incident (2017) involving paddling, forced drinking, sleep deprivation
- Private university status affects transparency
Considerations for Private Schools
- Different sovereign immunity considerations
- Often more resources for defense
- Different disciplinary procedures
Public Records: Fraternities, Sororities & Greek Organizations Serving Hays County Families
If you are a parent in Niederwald, Dripping Springs, or anywhere in Hays County, you deserve to know who really stands behind the Greek organizations connected to your child at Texas State University or other Texas campuses. Below is a sample from our Texas Hazing Intelligence Engine—a proprietary database we maintain that tracks over 1,423 Greek organizations across 25 Texas metros. This isn’t speculation; these are public records showing the legal entities that may hold insurance and responsibility.
Texas-Registered Greek Organizations Relevant to Central Texas
From IRS B83 Public Filings (Student Sororities, Fraternities):
- KAPPA SIGMA – MU GAMMA CHAPTER INC | EIN: 273662583 | Lufkin, TX 75904 | IRS B83 filing
- ALPHA TAU OMEGA HOUSING CORPORATION OF ETA IOTA CHAPTER | EIN: 300517788 | Nacogdoches, TX 75965 | IRS B83 housing corporation
- SIGMA PHI EPSILON NEW YORK CHI ALUMNI ASSOCIATION INC | EIN: 262710856 | Houston, TX 77007 | IRS B83 alumni association
- HONOR SOCIETY OF PHI KAPPA PHI | EIN: 463831593 | Austin, TX 78723 | Texas State University chapter | IRS B83 filing
- PI KAPPA PHI DELTA OMEGA CHAPTER BUILDING CORPORATION | EIN: 371768785 | Missouri City, TX 77459 | IRS B83 housing corporation
- BETA NU PI KAPPA PHI FRATERNITY HOUSING CORPORATION INC | EIN: 462267515 | Frisco, TX 75035 | IRS B83 housing corporation (related to UH chapter)
- ALPHA SIGMA PHI FRATERNITY INC | EIN: 475381060 | San Marcos, TX 78666 | Theta Iota chapter at Texas State University | IRS B83 filing
- CHI OMEGA FRATERNITY | EIN: 740555581 | Austin, TX 78705 | Chi Omega House Corporation | IRS B83 filing
- SIGMA CHI FRATERNITY EPSILON XI CHAPTER | EIN: 746084905 | Houston, TX 77204 | IRS B83 filing
- SIGMA GAMMA RHO SORORITY | EIN: 746084912 | Austin, TX 78714 | Alpha Omega chapter | IRS B83 filing
- TEXAS RHO CHAPTER OF THE SIGMA PHI EPSILON FRATERNITY | EIN: 741942292 | Waco, TX 76706 | Texas Rho chapter | IRS B83 filing
- BUILDING CORPORATION OF DELTA CHAPTER OF ALPHA DELTA PI | EIN: 746047117 | Austin, TX 78705 | IRS B83 housing corporation
- PI KAPPA ALPHA FRATERNITY | EIN: 746064445 | Nederland, TX 77627 | Epsilon Kappa chapter | IRS B83 filing
- SIGMA ALPHA EPSILON – TEXAS SIGMA INCORPORATED | EIN: 882755427 | San Marcos, TX 78666 | Texas Sigma chapter | IRS B83 filing
- PHI DELTA THETA FRATERNITY | EIN: 900927378 | San Antonio, TX 78249 | Texas Xi chapter | IRS B83 filing
From Cause IQ Metro Data (Austin-Round Rock Metro – 154 total organizations):
- Sigma Alpha Epsilon – Texas Rho Corp. | Austin, TX | University of Texas chapter house corporation
- Delta Tau Delta – Gamma Iota Chapter | Austin, TX | University of Texas chapter house
- Beta Xi House Corp. of Kappa Kappa Gamma | Austin, TX | University of Texas chapter house corporation
- Building Corporation – Alpha Delta Pi (Delta) | Austin, TX | University of Texas chapter property
- Sigma Chi Fraternity – Eta Upsilon Chapter | College Station, TX | Texas A&M chapter
- Texas Rho Housing Corporation (ΣAE) | Austin, TX
- Texas Alpha Phi House Corporation | Austin, TX | Alpha Phi UT chapter house corporation
Brand Overlap Examples (Same Organizations in Both IRS and Cause IQ Data):
- Beta Upsilon Chi appears in IRS data (EIN: 742911848, Fort Worth) AND Cause IQ data as “Beta Upsilon Chi Fraternity” in Fort Worth
- Pi Kappa Alpha appears in IRS data (EIN: 746064445, Nederland) AND Cause IQ data as “Texas District of Pi Kappa Alpha Fraternity” in Houston
- Sigma Gamma Rho Sorority appears in multiple IRS listings AND Cause IQ data in Houston and Beaumont metros
Why This Directory Matters for Your Case
When we take a hazing case for a Hays County family, we don’t start from zero. We already know:
- The legal names and EINs of organizations that may be liable
- Their official mailing addresses for service of process
- Which entities are housing corporations (often holding insurance)
- How national brands maintain multiple entity structures across Texas
This database becomes investigative leverage. When a fraternity says “that was just rogue individuals,” we can identify the housing corporation that owns the property, the alumni association that funded activities, and the national headquarters that collected dues while turning a blind eye to known patterns.
Fraternities & Sororities: National Histories Create Texas Liability
The Foreseeability Principle
Texas law recognizes that organizations can be liable when harm was “foreseeable.” For national fraternities and sororities with chapters at Texas State University, UT Austin, Texas A&M, and other schools, their own national histories create this foreseeability.
Pi Kappa Alpha (Pike)
- Stone Foltz: Bowling Green State University, 2021 – alcohol poisoning death during Big/Little night
- David Bogenberger: Northern Illinois University, 2012 – alcohol poisoning death, $14 million settlement
- Texas Presence: Multiple Texas chapters including at UT Austin, Texas A&M, Texas State
- Foreseeability Established: National HQ knew about Big/Little alcohol hazing risks since at least 2021
Sigma Alpha Epsilon (SAE)
- Multiple deaths nationwide leading to 2014 elimination of traditional pledge process
- University of Alabama lawsuit (2023): Traumatic brain injury during hazing
- Texas A&M lawsuit (~2021): Chemical burns from industrial cleaner
- UT Austin lawsuit (2024): Assault causing multiple fractures
- Texas Presence: Chapters at all major Texas universities
- Foreseeability Established: National pattern of violence and injury
Pi Kappa Phi
- Andrew Coffey: Florida State University, 2017 – alcohol poisoning death
- Leonel Bermudez: University of Houston, 2025 – rhabdomyolysis and kidney failure (our active case)
- Foreseeability Established: National knew about forced drinking risks since 2017
Phi Delta Theta
- Max Gruver: LSU, 2017 – alcohol poisoning death during “Bible study” game
- Louisiana’s Max Gruver Act passed as response
- Foreseeability Established: National knew about drinking game dangers
How National Histories Strengthen Texas Cases
When we represent a Hays County family against a fraternity or sorority, we don’t just look at what happened at Texas State University or wherever their child was harmed. We investigate:
- What the national organization knew from incidents at other chapters
- Whether their anti-hazing policies were actually enforced
- How they trained (or failed to train) local chapters
- Whether prior incidents resulted in meaningful consequences
This pattern evidence transforms a “local incident” into proof of systemic negligence. When a national organization has seen the same behavior cause death or catastrophic injury at other schools, their failure to prevent it at a Texas school becomes gross negligence.
Building a Hazing Case: Evidence, Strategy, and Realistic Expectations
The Evidence That Wins Cases in 2025
Digital Communications (The Most Critical Category)
- GroupMe, WhatsApp, iMessage threads: We use digital forensics to recover deleted messages
- Social media DMs and posts: Instagram, Snapchat, TikTok content showing planning or bragging
- Chapter-specific apps and platforms: Many fraternities use custom communication tools
- Email chains: Between officers, advisors, national headquarters
In the UH Pi Kappa Phi case, digital evidence showed systematic planning of hazing activities, discussions about concealing activities, and communications about the “pledge fanny pack” rules.
Photographic and Video Evidence
- Injuries documented over time (progression matters)
- Event photos and videos (often ironically posted by perpetrators)
- Location images (houses, parks, retreat venues)
- Security camera or doorbell footage
Medical Documentation
- ER records must specifically mention “hazing” or “forced” context
- Lab results (like the critical creatine kinase levels showing rhabdomyolysis in the Bermudez case)
- Psychological evaluations for PTSD, depression, anxiety
- Future care needs assessments
Organizational Records
- Pledge manuals and “tradition” documents
- National risk management policies
- Prior incident reports and disciplinary records
- Insurance policies and coverage details
Witness Testimony
- Other pledges (often fearful but crucial)
- Former members (who may have left due to concerns)
- Roommates, friends, RAs
- Medical providers and first responders
The Damages Families Can Recover
Economic Damages (Quantifiable Losses)
- Medical expenses: Past and future, including lifelong care for catastrophic injuries
- Lost educational costs: Tuition for interrupted semesters, lost scholarships
- Lost earning capacity: Diminished future earnings from disabilities or trauma
- Therapy and counseling: Often needed for years or decades
Non-Economic Damages (Quality of Life Impacts)
- Physical pain and suffering: From injuries and medical treatments
- Emotional distress: PTSD, depression, anxiety, humiliation
- Loss of enjoyment of life: Inability to participate in college experiences, activities
- Reputational harm: Social stigma and embarrassment
Wrongful Death Damages (When Tragedy Strikes)
- Funeral and burial costs
- Loss of financial support and inheritance
- Loss of companionship, love, and guidance
- Parents’ and siblings’ emotional suffering
Punitive Damages (When Conduct is Egregious)
- Available when defendants show reckless disregard or intentional harm
- Designed to punish and deter future conduct
- Particularly relevant when organizations ignore known dangers
Realistic Case Timeline and Process
Phase 1: Immediate Response (Days 1-30)
- Evidence preservation and documentation
- Medical stabilization and evaluation
- Initial legal assessment and strategy
- Preservation letters to prevent evidence destruction
Phase 2: Investigation (Months 1-6)
- Digital forensics and evidence collection
- Witness interviews
- Public records requests
- Expert consultations (medical, psychological, economic)
Phase 3: Pre-Litigation (Months 6-12)
- Demand packages to potential defendants
- Insurance coverage investigations
- Settlement negotiations
- Mediation attempts
Phase 4: Litigation (Year 1-3+)
- Filing lawsuit if settlement fails
- Discovery process (document requests, depositions)
- Expert reports and testimony
- Trial preparation
Phase 5: Resolution
- Settlement (most common)
- Trial verdict (less common but sometimes necessary)
- Appellate process if needed
Why Insurance Coverage Fights Matter
Fraternities, sororities, and universities carry insurance, but insurers often try to deny coverage for hazing claims arguing they’re “intentional acts” or otherwise excluded. Our insider knowledge from Mr. Peña’s defense background helps us:
- Identify all potential insurance policies
- Navigate coverage exclusions and arguments
- Pursue “bad faith” claims when insurers wrongfully deny coverage
- Maximize recovery within policy limits
Practical Guides for Hays County Families
For Parents: Recognizing and Responding
Warning Signs Your Texas State Student May Be Being Hazed
- Unexplained injuries with inconsistent stories
- Extreme fatigue beyond normal college stress
- Sudden secrecy about organization activities
- Constant phone anxiety (checking group chats)
- Personality changes: withdrawal, anxiety, defensiveness
- Academic decline despite previous success
- Financial surprises (unexplained expenses, requests for money)
How to Talk to Your Child
- Choose a private, calm setting
- Use “I” statements: “I’m worried because I’ve noticed…”
- Avoid accusations: “What did you do?” becomes “What’s been happening?”
- Emphasize safety over loyalty: “My job is to keep you safe, not popular”
- Offer unconditional support: “Nothing you tell me will change my love for you”
If Your Child Reveals Hazing
- Prioritize medical safety – Get professional evaluation even if they insist they’re “fine”
- Document everything – Write down what they say, photograph injuries, screenshot messages
- Contact an attorney BEFORE the university – We can guide you through reporting strategically
- Preserve evidence – Don’t let them delete anything, no matter how embarrassing
- Prepare for emotional complexity – Your child may feel loyalty conflict, shame, fear
For Students: Protecting Yourself
Is This Hazing? Quick Self-Assessment
- Are you being pressured to do something dangerous, degrading, or illegal?
- Would you do this if you truly had a free choice (no social consequences)?
- Are only new members required to do this while older members watch or participate?
- Are you told to keep secrets from university officials, parents, or outsiders?
- Does this activity interfere with your academic success or health?
If You Answer Yes to Any: It’s Hazing
How to Exit Safely
- In immediate danger: Call 911 first, then a trusted adult
- Planning to leave: Tell someone outside the organization first
- Formal resignation: Send an email/text for documentation: “I resign my membership effective immediately”
- Avoid “one last meeting”: This is often a pressure tactic
- Document retaliation: Save any threats or harassment
Texas-Specific Student Rights
- Good faith reporter protection: You generally won’t face university discipline for calling 911 in an emergency
- Consent is not a defense: Even if you “agreed,” it’s still hazing
- Off-campus still counts: Location doesn’t eliminate liability
- You can sue even without criminal charges: Civil cases have different standards
Critical Mistakes That Can Destroy Your Case
MISTAKE #1: Letting your child delete evidence
- Why it’s wrong: Looks like cover-up, destroys crucial proof
- Better approach: Preserve everything immediately—cloud backup, screenshots, photos
MISTAKE #2: Confronting the organization directly
- Why it’s wrong: They lawyer up, destroy evidence, coach witnesses
- Better approach: Document silently, let