Hazing at Texas Universities: A Complete Guide for Parents in Smyer, Texas

If Your Child Was Hazed in Texas, You Are Not Alone

A phone buzzes on a kitchen counter in Smyer, Texas. It’s a photo from your child—a first-year student at Texas Tech University in nearby Lubbock. The image is blurry but shows a group of tired-looking students in matching shirts, but something feels off. Over the coming days, the late-night texts become more frequent, the excuses about “mandatory events” more vague, and the exhaustion in their voice more pronounced. Then comes the call from a hospital: your child has been admitted with severe muscle breakdown after an extreme “pledge workout.” The university calls it an “unfortunate incident.” The fraternity says it was “voluntary team building.” You’re left with medical bills, trauma, and a sinking feeling that powerful institutions are closing ranks.

This scenario is not hypothetical. Right now, our firm is fighting one of the most serious hazing cases in Texas: the $10 million lawsuit on behalf of Leonel Bermudez against the University of Houston and its Pi Kappa Phi Beta Nu chapter. The detailed allegations are harrowing: forced consumption of food until vomiting, being sprayed in the face with a hose “similar to waterboarding,” extreme physical workouts leading to rhabdomyolysis and acute kidney failure, and systemic humiliation through “pledge fanny packs” filled with degrading items. This is what modern hazing looks like at Texas universities, and it’s happening closer to Smyer than you might think.

This comprehensive guide is written specifically for parents and families in Smyer and across Hockley County who have children at Texas universities. We will explain what hazing really looks like in 2025, break down Texas and federal law, examine patterns at major schools like Texas Tech and Texas A&M, and show you how experienced legal counsel can help your family navigate this crisis. Our firm, Attorney911, represents hazing victims across Texas from our offices in Houston, Austin, and Beaumont.

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 your child insists they are “fine”
• Preserve evidence BEFORE it’s deleted:
  • Screenshot group chats, texts, and DMs immediately
  • Photograph injuries from multiple angles
  • Save physical items (clothing, receipts, objects used in hazing)
• Write down everything while memory is fresh (who, what, when, where)
• Do NOT:
  • Confront the fraternity/sorority directly
  • Sign anything from the university or insurance company
  • Post details on public social media
  • Let your child delete messages or “clean up” evidence

Contact an experienced hazing attorney within 24-48 hours:

• Evidence disappears fast (deleted group chats, destroyed paddles, coached witnesses)
• Universities move quickly to control the narrative
• We can help preserve evidence and protect your child’s rights
• Call 1-888-ATTY-911 for immediate consultation

Hazing in 2025: What It Really Looks Like in Texas

For families in Smyer, understanding modern hazing means moving beyond stereotypes of “boys will be boys” pranks. Today’s hazing is sophisticated, often digitally coordinated, and deliberately hidden from university oversight. It occurs across Greek life, athletic teams, Corps of Cadets programs, spirit groups, and other campus organizations.

A Clear, Modern Definition

Hazing is any forced, coerced, or strongly pressured action tied to joining, keeping membership, or gaining status in a group where the behavior endangers physical or mental health, humiliates, or exploits. Critically, under Texas law, “I agreed to it” does not make it legal or safe when there is peer pressure and power imbalance. The coercion can be subtle—the fear of social exclusion, the desire to belong, the implicit threat that refusal means being “cut” from the group.

Main Categories of Hazing Today

Alcohol and Substance Hazing:
This remains the most common and deadliest form. It includes forced or coerced drinking during “Big/Little” nights, “family tree” drinking games, lineups where pledges must quickly consume alcohol, and pressure to consume unknown or mixed substances. The Leonel Bermudez case at UH involved forced consumption of milk, hot dogs, and peppercorns until vomiting.

Physical Hazing:
This ranges from paddling and beatings to extreme calisthenics disguised as “workouts” or “smokings.” The UH Pi Kappa Phi case included 100+ push-ups, 500 squats, bear crawls, wheelbarrow races, and “save-your-brother” drills that left pledges vomiting and injured. Sleep deprivation, food/water restriction, and exposure to extreme temperatures also fall under this category.

Sexualized and Humiliating Hazing:
This includes forced nudity or partial nudity, simulated sexual acts, degrading costumes or positions, and acts with racial, sexist, or homophobic overtones. The “pledge fanny pack” in the UH case contained condoms and sex toys as tools of humiliation.

Psychological Hazing:
Verbal abuse, threats, isolation from friends and family, manipulation, forced confessions, and public shaming in meetings or on social media create lasting trauma. The constant “interview” schedule and threats of expulsion in the UH case exemplify psychological control.

Digital/Online Hazing:
This is the fastest-growing category. It includes group chat dares on GroupMe or Discord, “challenges” shared via Instagram or TikTok, pressure to create or share compromising images/videos, and 24/7 availability demands via text. Geo-tracking through apps like Find My Friends and social media policing are now common control tactics.

Where Hazing Actually Happens in Texas

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

• Fraternities and Sororities (IFC, Panhellenic, NPHC Divine Nine, multicultural councils)
• Corps of Cadets/ROTC/Military-Style Groups (especially at Texas A&M)
• Athletic Teams (from football and basketball to cheer and swim teams)
• Spirit Squads and Tradition Clubs (like the Texas Cowboys at UT Austin)
• Marching Bands and Performance Groups
• Some Service, Cultural, and Academic Organizations

The common threads are social status, tradition, and secrecy. These practices persist because victims fear reporting will mean social ostracization, because organizations claim “tradition” justifies abuse, and because sophisticated cover-up tactics often succeed.

Texas Hazing Law & Liability Framework: What Smyer Families Need to Know

As parents in Smyer, understanding the legal landscape is crucial. Texas has specific anti-hazing statutes, but navigating them requires understanding both criminal and civil pathways, as well as how federal law interacts with state provisions.

Texas Education Code – Chapter 37: The Foundation

Texas law defines hazing broadly under Education Code §37.151 as any intentional, knowing, or reckless act, on or off campus, directed against a student that:

• Endangers the mental or physical health or safety of a student, AND
• Occurs for the purpose of pledging, initiation into, affiliation with, holding office in, or maintaining membership in any organization whose members include students.

Key Points for Smyer Families:

• Location doesn’t matter – hazing at an off-campus Airbnb is still hazing
• Mental harm counts – PTSD and emotional trauma are recognized injuries
• “Reckless” is enough – they don’t need to have intended harm, just disregarded obvious risk
• Consent is NOT a defense (§37.155) – even if your child “agreed,” it’s still illegal

Criminal Penalties Under Texas Law

§37.152 establishes escalating penalties:

• Class B Misdemeanor: Hazing that doesn’t cause serious injury (up to 180 days jail, fine up to $2,000)
• Class A Misdemeanor: Hazing that causes injury requiring medical treatment
• State Jail Felony: Hazing that causes serious bodily injury or death

Additional criminal provisions:

• Failing to report hazing if you’re a member or officer who knew about it
• Retaliating against someone who reports hazing

Organizational Liability

§37.153 makes organizations criminally liable if:

• The organization authorized or encouraged the hazing, OR
• An officer or member acting in official capacity knew about hazing and failed to report it

Penalties for organizations:

• Fine up to $10,000 per violation
• University can revoke recognition and ban the organization from campus

Immunity for Good-Faith Reporting

§37.154 protects those who report:
A person who in good faith reports a hazing incident to university or law enforcement is immune from civil or criminal liability that might otherwise result from the report. Many Texas universities extend this to medical amnesty – if you call 911 for a hazing-related emergency, underage drinking charges may be waived.

Criminal vs. Civil Cases: Understanding the Difference

Criminal Cases:

• Brought by the state (county or district attorney)
• Aim: Punishment (jail, fines, probation)
• Burden of proof: “Beyond a reasonable doubt”
• Typical charges: Hazing, furnishing alcohol to minors, assault, battery, manslaughter in fatal cases

Civil Cases:

• Brought by victims or surviving families
• Aim: Monetary compensation and accountability
• Burden of proof: “Preponderance of the evidence” (more likely than not)
• Typical claims: Negligence, gross negligence, wrongful death, negligent hiring/supervision, premises liability, intentional infliction of emotional distress

Critical Insight: A criminal conviction is not required to pursue a civil case. The two processes run separately, and many families pursue both to achieve full accountability.

Federal Law Overlay: Title IX, Clery, and the Stop Campus Hazing Act

Title IX (When Hazing Involves Sex Discrimination):
If hazing involves sexual harassment, sexual assault, or gender-based hostility, federal Title IX obligations are triggered. Universities must investigate and address these incidents, creating additional liability pathways.

Clery Act (Crime Reporting):
Universities must report certain crimes and maintain safety statistics. Hazing incidents often overlap with reportable crimes like assault, alcohol violations, or hate crimes.

Stop Campus Hazing Act (2024):
This new federal law requires colleges receiving federal aid to:

• Report hazing incidents more transparently
• Strengthen hazing education and prevention
• Maintain public hazing data (phased in by 2026)

Who Can Be Liable in a Civil Hazing Lawsuit?

Individual Students:
Those who planned, supplied alcohol, carried out acts, or helped cover them up can face personal liability. In the UH Pi Kappa Phi case, 13 individual fraternity leaders/members were named as defendants.

Local Chapter/Organization:
The fraternity/sorority or club itself (if incorporated) and its officers bear responsibility. The Pi Kappa Phi Beta Nu housing corporation was specifically named in the UH lawsuit.

National Fraternity/Sorority Headquarters:
National organizations that set policies, receive dues, and supervise chapters can be liable for what they knew or should have known. Pi Kappa Phi’s national headquarters is a defendant in the UH case.

University or Governing Board:
Public universities like UH, Texas A&M, and UT have the UH System Board of Regents as a defendant in the UH case. Schools may be liable for negligence, deliberate indifference, or Title IX violations.

Third Parties:
Landlords of off-campus houses, bars or alcohol providers (under Texas dram shop law), security companies, and event organizers may share liability depending on their involvement.

National Hazing Case Patterns: What Texas Cases Teach Us

The tragic cases that have made national headlines aren’t abstract—they show patterns that repeat at Texas universities. For Smyer families, understanding these patterns helps recognize warning signs and builds the legal concept of “foreseeability”—that these organizations should have known the risks.

Alcohol Poisoning & Death: The Deadliest Pattern

Timothy Piazza – Penn State, Beta Theta Pi (2017):
A bid-acceptance event with forced drinking led to Piazza falling multiple times, captured on chapter security cameras. Fraternity members delayed calling for help for 12 hours. Result: 28 former members faced criminal charges; Pennsylvania enacted the Timothy J. Piazza Anti-Hazing Law; the family reached confidential settlements. Lesson for Texas: Delayed medical care dramatically increases liability.

Max Gruver – LSU, Phi Delta Theta (2017):
A “Bible study” drinking game where wrong answers meant forced drinking. Gruver’s BAC reached 0.495%. Result: Multiple convictions; Louisiana enacted the Max Gruver Act making hazing a felony; family received a $6.1 million judgment. Lesson: “Games” involving alcohol are predictably dangerous.

Stone Foltz – Bowling Green State, Pi Kappa Alpha (2021):
Forced to drink nearly a bottle of whiskey during a “Big/Little” event. Result: Criminal convictions; BGSU settled for nearly $3 million; Pi Kappa Alpha national settled for $7 million; chapter president ordered to pay $6.5 million personally. Lesson: National organizations face massive exposure when chapters repeat known dangerous traditions.

Andrew Coffey – Florida State, Pi Kappa Phi (2017):
“Big Brother” night with excessive drinking. Result: Chapter closure; FSU suspended all Greek life; Florida strengthened hazing laws. Lesson: The same national fraternity (Pi Kappa Phi) now faces similar allegations at University of Houston.

Physical & Ritualized Hazing Pattern

Chun “Michael” Deng – Baruch College, Pi Delta Psi (2013):
Blindfolded “glass ceiling” ritual at a retreat left Deng with fatal head injuries. Help was deliberately delayed. Result: National fraternity convicted of aggravated assault and involuntary manslaughter; banned from Pennsylvania for 10 years. Lesson: Off-campus retreats don’t eliminate liability—they often increase it.

Collin Wiant – Ohio University, Sigma Pi (2018):
Death involving nitrous oxide misuse at an unofficial fraternity house. Result: “Collin’s Law: The Anti-Hazing Act” enacted in Ohio, upgrading hazing to a felony when drugs/alcohol cause harm. Lesson: “Unofficial” or underground chapters still create liability.

Athletic Program Hazing & Abuse

Northwestern University Football (2023-2025):
Former players alleged sexualized, racist hazing within the football program over years. Result: Multiple lawsuits; head coach Pat Fitzgerald fired (then settled wrongful-termination suit); university implementing systemic reforms. Lesson: Hazing extends far beyond Greek life into multi-million dollar athletic programs with the same institutional cover-up patterns.

Danny Santulli – University of Missouri, Phi Gamma Delta (2021):
Forced drinking during “pledge dad reveal” left Santulli with severe, permanent brain damage (cannot walk, talk, or see; requires 24/7 care). Result: Settlements with 22 defendants; chapter closed. Lesson: Non-fatal cases can involve lifetime care costs in the millions.

What These National Cases Mean for Smyer Families

These patterns matter because they establish what courts call foreseeability. When a Texas chapter repeats the same forced drinking “Big/Little” ritual that killed Stone Foltz in Ohio, the national organization cannot claim “we didn’t know this could happen.” This pattern evidence strengthens negligence claims and supports punitive damages.

The settlements and verdicts show what’s possible: $10 million for Stone Foltz, $6.1 million for Max Gruver, multi-million dollar settlements for Danny Santulli. These aren’t abstract numbers—they represent what juries and courts consider appropriate compensation for destroyed lives and institutional failures.

Texas Focus: Where Smyer Families Send Their Kids to College

Smyer families have deep connections to Texas universities. Many students commute to nearby campuses in Lubbock, while others attend major universities across the state. Understanding the specific hazing landscapes at these schools is crucial for prevention and response.

The Greek Ecosystem Serving Smyer Families

Based on public records from the Texas Hazing Intelligence Engine, here is the organizational landscape that Smyer families should understand:

Public Records: Fraternities, Sororities & Greek Organizations Serving Smyer Families

These are examples of Texas-registered Greek organizations from IRS B83 filings and Cause IQ metro data. Being listed does not imply wrongdoing—it shows the extensive network of organizations operating across Texas.

Texas Greek Organizations – IRS B83 Registered Entities (Examples):

• Sigma Gamma Rho Sorority | EIN: 364091267 | Waco, TX 76710 | IRS B83 filing
• Kappa Sigma – Mu Gamma Chapter Inc | EIN: 273662583 | Lufkin, TX 75904 | IRS B83 filing
• Honor Society of Phi Kappa Phi | EIN: 263170920 | Denton, TX 76204 | IRS B83 filing (Texas Woman’s University)
• Alpha Sigma Phi Fraternity Inc | EIN: 475370943 | Houston, TX 77204 | IRS B83 filing (Theta Delta)
• Pi Kappa Phi Delta Omega Chapter Building Corporation | EIN: 371768785 | Missouri City, TX 77459 | IRS B83 filing
• Sigma Phi Epsilon New York Chi Alumni Association Inc | EIN: 262710856 | Houston, TX 77007 | IRS B83 filing
• Beta Nu Pi Kappa Phi Fraternity Housing Corporation Inc | EIN: 462267515 | Frisco, TX 75035 | IRS B83 filing
• Kappa Alpha Psi Fraternity | EIN: 237279532 | Prairie View, TX 77446 | IRS B83 filing (646 Prairie View Alumni)

Lubbock Metro Area Greek Organizations (Closest to Smyer):

• Texas Tech Chapter of Phi Delta Theta Housing | Lubbock, TX | Cause IQ metro listing
• Kappa Alpha Order – Texas Tech (Gamma Chi) | Lubbock, TX | Cause IQ metro listing
• Alpha Phi Omega – TTU Chapter | Lubbock, TX | Cause IQ metro listing
• Delta Kappa Gamma Society – Lubbock | Lubbock, TX | Cause IQ metro listing (educators’ society)
• Epsilon Nu Housing Corporation | EIN: 237359384 | Lubbock, TX 79401 | IRS B83 filing
• Alpha Omega Epsilon-Beta Alpha Chapter | EIN: 473967233 | Lubbock, TX 79416 | IRS B83 filing
• TKE OP Housing | EIN: 475033161 | Lubbock, TX 79423 | IRS B83 filing
• Farm House Fraternity Inc | EIN: 751565336 | Lubbock, TX 79416 | IRS B83 filing (Texas Tech University Chapter)
• Honor Society of Phi Kappa Phi | EIN: 820644459 | Lubbock, TX 79430 | IRS B83 filing (Texas Tech Univ Health Sciences)

Cross-Validated National Brands (Appearing in Both IRS and Cause IQ Data):

• Beta Upsilon Chi: IRS EIN 742911848 in Fort Worth; Cause IQ shows Fort Worth headquarters
• Texas Kappa Sigma Educational Foundation: IRS EIN 741380362 in Fort Worth; Cause IQ shows Fort Worth foundation
• Pi Kappa Alpha: IRS EIN 746064445 in Nederland; Cause IQ shows Houston district operations
• Sigma Gamma Rho: Multiple IRS EINs in Waco (364091267) and Commerce (752609909); Cause IQ shows Houston and Beaumont chapters
• Honor Society of Phi Kappa Phi: Seven different IRS EINs across Texas campuses; Cause IQ shows Lamar University chapter

This data matters because it shows the extensive network of legally recognized entities behind Greek life. When hazing occurs, these organizations—with their EINs, insurance policies, and legal identities—are potential sources of accountability and compensation.

Texas Tech University: The Closest Major Campus to Smyer

Campus & Culture Snapshot:
Texas Tech in Lubbock is just 30 miles from Smyer, making it the most accessible major university for Hockley County families. With over 40,000 students, it has active Greek life, Division I athletics, and numerous student organizations. The proximity means Smyer parents may see warning signs more directly but may also feel pressure not to “make waves” in the local community.

Official Hazing Policy & Reporting:
Texas Tech prohibits hazing under Student Rights and Responsibilities. Reporting channels include the Office of Student Conduct, Texas Tech Police Department, and anonymous reporting systems. Like all Texas public universities, Tech must comply with Chapter 37 reporting requirements.

Documented Incidents & Responses:
While specific recent cases may be confidential, the public records show numerous Greek organizations operating in Lubbock. The presence of organizations like Phi Delta Theta housing corporations and Kappa Alpha Order chapters indicates the same national brands present at other Texas campuses where hazing has occurred.

How a Hazing Case at Texas Tech Might Proceed:

• Jurisdiction: Lubbock County courts would handle civil cases; Lubbock Police Department or Texas Tech Police might handle criminal investigations
• Potential Defendants: Individual students, local chapters, national organizations, Texas Tech University System
• Local Considerations: The close-knit West Texas community can create both support networks and pressures against speaking out

What Texas Tech Students & Parents in Smyer Should Do:

1. Document everything immediately – Lubbock hospitals will have medical records
2. Report to both Texas Tech Student Conduct AND Lubbock Police if crimes occurred
3. Contact an attorney who understands both Texas Tech’s procedures and Texas hazing law
4. Preserve digital evidence before group chats are deleted
5. Seek medical care at Lubbock hospitals and specifically mention “hazing” for proper documentation

Texas A&M University: Corps of Cadets & Greek Life

Campus & Culture Snapshot:
Many Smyer families have Aggie connections. Texas A&M’s dual culture of Greek life and Corps of Cadets creates unique hazing risks. The Corps’ military-style traditions and Greek life’s social pressures can intersect dangerously.

Documented Incidents:

• Sigma Alpha Epsilon Chemical Burns Case (2021): Two pledges allegedly covered in substances including industrial-strength cleaner, causing severe chemical burns requiring skin graft surgeries. The fraternity was suspended; lawsuits sought over $1 million.
• Corps of Cadets Lawsuit (2023): A cadet alleged degrading hazing including simulated sexual acts and being bound between beds in a “roasted pig” pose with an apple in his mouth. The lawsuit sought over $1 million; A&M stated it handled the matter internally.

What A&M Families Should Know:
The university’s “traditions” can be used to justify or conceal hazing. Both the Corps and Greek systems have internal accountability mechanisms that may prioritize institutional protection over victim justice.

University of Texas at Austin: Transparency & Patterns

Campus & Culture Snapshot:
UT Austin sets the standard for transparency with its public Hazing Violations page. This resource is invaluable for Smyer families whose children attend UT.

Documented Violations (Examples from UT’s Public Log):

• Pi Kappa Alpha (2023): New members directed to consume milk and perform strenuous calisthenics; found to be hazing; chapter placed on probation with mandatory hazing-prevention education.
• Texas Wranglers (Spirit Organization): Multiple sanctions for forced workouts, alcohol-related hazing, and punishment-based practices.

What UT Families Should Know:
UT’s transparency is a double-edged sword. While it helps identify problematic organizations, it also shows how even public sanctions don’t always prevent repeat offenses. The public log can be powerful evidence in civil cases to show pattern and knowledge.

Southern Methodist University: Private University Dynamics

Campus & Culture Snapshot:
SMU’s private status and affluent student body create different dynamics. Greek life is central to social life, and the university has strong incentives to protect its reputation.

Documented Incidents:

• Kappa Alpha Order (2017): New members reportedly paddled, forced to drink alcohol, deprived of sleep; chapter suspended until 2021.
• SMU uses third-party anonymous reporting systems like Real Response.

What SMU Families Should Know:
Private universities have fewer public reporting requirements but also less sovereign immunity protection. Internal investigations may be less transparent, making external legal pressure more important.

Baylor University: Religious Identity & Scandal History

Campus & Culture Snapshot:
Baylor’s recent history with athletic scandals and Title IX issues creates a complex backdrop for hazing cases. The university’s religious identity influences both its policies and public relations approach.

Documented Incidents:

• Baylor Baseball Hazing (2020): 14 players suspended following hazing investigation; suspensions staggered during the season.
• The university emphasizes “zero tolerance” but has faced criticism for internal handling of misconduct cases.

What Baylor Families Should Know:
Baylor’s desire to protect its religious brand can affect how it handles hazing allegations. Families may need to balance respect for the institution’s values with insistence on full accountability.

Fraternities & Sororities: National Histories Meet Texas Campuses

For Smyer families, understanding that local chapters are part of national networks is crucial. The same organizations that have faced hazing deaths in Ohio, Louisiana, and Florida have chapters at Texas universities. This isn’t coincidence—it’s pattern.

Why National Histories Matter Legally

When Pi Kappa Phi faces allegations at University of Houston similar to those that killed Andrew Coffey at Florida State, that’s not “unforeseeable”—it’s predictable. Courts consider whether national organizations:

• Had prior knowledge of dangerous practices
• Meaningfully enforced their anti-hazing policies
• Responded aggressively enough to prior incidents

This pattern evidence affects:

• Negligence claims: Showing the organization should have known the risks
• Punitive damages: Proving reckless disregard for safety
• Insurance coverage: Overcoming “intentional act” exclusions
• Settlement leverage: Demonstrating the strength of your case

National Organizations with Documented Hazing Histories

Pi Kappa Alpha (ΠΚΑ / Pike):

• Stone Foltz – Bowling Green State (2021): Forced drinking death; $10 million in settlements
• David Bogenberger – Northern Illinois (2012): Alcohol poisoning death; $14 million settlement
• Texas Presence: Chapters at UH, Texas A&M, UT, SMU, Baylor, Texas Tech
• Pattern: “Big/Little” drinking events, alcohol coercion

Sigma Alpha Epsilon (ΣΑΕ / SAE):

• University of Alabama (2023): Traumatic brain injury case
• Texas A&M (2021): Chemical burns requiring skin grafts
• UT Austin (2024): Assault causing broken bones and dislocated leg
• Texas Presence: Chapters at all major Texas universities
• Pattern: Physical violence, chemical exposure, assault

Pi Kappa Phi (ΠΚΦ):

• Andrew Coffey – Florida State (2017): Alcohol poisoning death
• University of Houston (2025): Leonel Bermudez case – rhabdomyolysis, kidney failure
• Texas Presence: UH chapter now closed, other Texas chapters
• Pattern: Extreme physical hazing, forced consumption

Phi Delta Theta (ΦΔΘ):

• Max Gruver – LSU (2017): “Bible study” drinking game death
• Texas Presence: Chapters at Texas A&M, UT, SMU, Baylor, Texas Tech
• Pattern: Drinking games, alcohol coercion

Phi Gamma Delta (ΦΓΔ / FIJI):

• Danny Santulli – Missouri (2021): Permanent brain damage from forced drinking
• Texas Presence: Chapters at Texas A&M, UT
• Pattern: “Pledge dad” drinking events

The “Playbook” National Organizations Use

Based on our litigation experience and Mr. Lupe Peña’s background as a former insurance defense attorney, we know national organizations and their insurers follow predictable patterns:

1. Initial Denial & Secrecy: “This was isolated rogue behavior.”
2. Policy Defense: “We have extensive anti-hazing training.”
3. Insurance Coverage Fight: “This was intentional, so insurance doesn’t cover it.”
4. Delay Tactics: Dragging out proceedings to pressure families financially.
5. Confidential Settlement Push: Offering quick but inadequate settlements with secrecy clauses.

Our insider knowledge of this playbook helps us anticipate and counter these tactics for Smyer families.

Building a Hazing Case: Evidence, Strategy & Damages

When hazing affects your family, understanding how cases are built helps you make informed decisions. This is where our firm’s 25+ years of complex litigation experience makes the difference.

Critical Evidence That Wins Cases

Digital Communications (The #1 Evidence Source):
By the time many families contact us, critical evidence has already been deleted. We use digital forensics to recover:

• GroupMe, WhatsApp, iMessage chats showing planning and coordination
• Deleted texts and social media messages
• Instagram DMs, Snapchat memories, TikTok videos
• Fraternity-specific apps and communication platforms
• Location data from phones and social media

In the UH Pi Kappa Phi case, group chats reportedly contained evidence of “pledge fanny pack” rules and workout schedules.

Photos & Videos:

• Content filmed by members during events (often shared in group chats)
• Security camera footage from houses and venues
• Doorbell camera recordings showing comings and goings
• Injury photos with timestamps and metadata

Internal Organization Documents:
Through discovery, we obtain:

• Pledge manuals and initiation “bibles”
• Emails between local chapters and nationals
• Risk management reports and incident files
• Member education materials

University Records:
Using public records requests and discovery:

• Prior conduct files and disciplinary history
• Campus police incident reports
• Clery Act reports and crime logs
• Internal emails among administrators

Medical & Psychological Records:
Proper documentation is crucial:

• Emergency room records specifically mentioning “hazing”
• Hospitalization records for injuries like rhabdomyolysis
• Toxicology reports showing blood alcohol levels
• Psychological evaluations diagnosing PTSD, depression, anxiety
• Ongoing therapy records documenting recovery

Witness Testimony:
We identify and interview:

• Other pledges who experienced the same hazing
• Former members who quit over similar concerns
• Roommates and friends who observed changes
• Medical professionals who treated injuries

Understanding Damages: What Families Can Recover

Economic Damages (Quantifiable Losses):

• Medical Expenses: Emergency care, hospitalization, surgeries, ongoing therapy, medications, future medical needs
• Lost Income: Wages lost during recovery, reduced future earning capacity for permanent injuries
• Educational Costs: Tuition for semesters missed, lost scholarships, delayed graduation
• Other Expenses: Therapy, tutoring, transportation for treatment

Non-Economic Damages (Subjective but Real Harm):

• Physical Pain & Suffering: From injuries and recovery
• Emotional Distress: PTSD, depression, anxiety, humiliation
• Loss of Enjoyment of Life: Inability to participate in activities
• Reputational Harm: Social stigma and future impact

Wrongful Death Damages (For Families):

• Funeral & Burial Costs
• Loss of Financial Support: The deceased’s potential lifetime earnings
• Loss of Companionship & Society: For parents, siblings, spouses
• Emotional Suffering: Grief, trauma, mental health treatment for family

Punitive Damages (When Appropriate):
In cases involving particularly reckless or malicious conduct, courts may award punitive damages to punish defendants and deter future hazing. Texas has caps on punitive damages in many cases, but exceptions exist for intentional conduct.

The Role of Insurance Coverage

One of Mr. Peña’s unique advantages is his background as an insurance defense attorney. He knows exactly how fraternity and university insurers will try to deny claims:

Common Insurance Defenses We Counter:

1. “Intentional Act” Exclusion: Insurers claim hazing is intentional, so coverage doesn’t apply. We argue negligent supervision is covered.
2. “Known Risk” Exclusion: They argue the organization knew the risk. We show they didn’t take reasonable steps to prevent it.
3. “Criminal Act” Exclusion: We separate criminal hazing from negligent failure to supervise.
4. Policy Limits Games: We identify all potential policies across individuals, chapters, nationals, and universities.

Multiple Policy Sources We Pursue:

• National fraternity/sorority liability policies
• University liability coverage
• Chapter house corporation policies
• Individual member homeowner’s policies
• Umbrella and excess coverage

Practical Guides & FAQs for Smyer Families

For Parents: Recognizing & Responding to Hazing

Warning Signs Your Child May Be Being Hazed:

• Unexplained bruises, burns, or injuries with inconsistent explanations
• Extreme fatigue and sleep deprivation beyond normal college stress
• Sudden secrecy about organization activities (“I can’t talk about it”)
  unexpected medical issues like kidney problems (rhabdomyolysis) or alcohol poisoning
• Constant phone anxiety – needing to respond instantly to group chats
• Personality changes: increased anxiety, depression, or withdrawal
• Financial strain from unexplained expenses (alcohol purchases, “fines,” gifts for older members)
• Academic decline from missing classes for “mandatory” events

How to Talk to Your Child:

1. Choose the Right Time: When they’re rested and not rushed
2. Use Open Questions: “How are things with [organization]?” not “Are they hazing you?”
3. Listen Without Judgment: They may feel shame or fear
4. Emphasize Safety: “Your health matters more than any organization”
5. Offer Support: “We’ll handle this together, no matter what”

If Your Child Is Injured:

1. Get Medical Care Immediately: Even if they resist
2. Document Everything: Photos, medical records, what they tell you
3. Preserve Digital Evidence: Screenshot messages BEFORE they’re deleted
4. Contact an Attorney: Before talking to the university or organization

Dealing with the University:

• Document all communications
• Ask specific questions about prior incidents involving the organization
• Request copies of policies and procedures
• Don’t sign anything without legal review
• Remember: The university’s interests may not align with your child’s

For Students: Safety & Reporting

Is This Hazing? Ask Yourself:

• Would I do this if I had a real choice (no social consequences)?
• Is this dangerous, degrading, or illegal?
• Would the university approve if they knew exactly what was happening?
• Am I being told to keep secrets or lie about this?

If You’re in Immediate Danger:

• Call 911 – Texas has medical amnesty protections
• Get to a safe location
• Contact a trusted adult or the Dean of Students

How to Exit Safely:

1. Tell someone outside the organization first (parent, RA, friend)
2. Send a clear written resignation: “I am resigning my membership effective immediately”
3. Do NOT go to “one last meeting” where pressure or retaliation might occur
4. If threatened, report to campus police and seek a protective order

Evidence Collection for Students:

• Screenshots: Capture full conversations with timestamps
• Voice Memos: Texas is a one-party consent state – you can record conversations you’re part of
• Photos: Injuries, locations, objects used in hazing
• Medical Records: Tell providers you were hazed for proper documentation
• Witness Info: Names and contact information for others who saw what happened

Critical Mistakes That Can Destroy Your Case

MISTAKE #1: Letting Your Child Delete Evidence
What happens: Messages disappear, case becomes “he said/she said”
Our advice: Preserve everything immediately – even embarrassing content

MISTAKE #2: Confronting the Organization Directly
What happens: They lawyer up, destroy evidence, coach witnesses
Our advice: Document quietly, then call an attorney first

MISTAKE #3: Signing University “Resolution” Forms
What happens: You may waive your right to sue for inadequate compensation
Our advice: Never sign anything without attorney review

MISTAKE #4: Posting on Social Media
What happens: Defense attorneys screenshot everything; inconsistencies hurt credibility
Our advice: Let your attorney control public messaging

MISTAKE #5: Waiting for University Investigation
What happens: Evidence disappears, witnesses graduate, statute runs
Our advice: Preserve evidence NOW; university process ≠ real accountability

Frequently Asked Questions for Smyer Families

“Can we sue a Texas university for hazing?”
Yes. Public universities have some sovereign immunity, but exceptions exist for gross negligence, Title IX violations, and when suing individuals. Private universities (SMU, Baylor) have fewer immunity protections. Every case is fact-specific.

“Is hazing a felony in Texas?”
It can be. Texas law makes hazing a state jail felony if it causes serious bodily injury or death. Individual officers can also face charges for failing to report hazing.

“What if my child ‘agreed’ to the initiation?”
Texas Education Code §37.155 explicitly states consent is not a defense to hazing. Courts recognize that “consent” under peer pressure isn’t truly voluntary.

“How long do we have to file a lawsuit?”
Generally 2 years from the date of injury or death in Texas, but exceptions exist if the harm wasn’t immediately discovered or if there was fraud/cover-up. Time is critical – call us immediately.

“What if hazing happened off-campus?”
Location doesn’t eliminate liability. Universities and nationals can still be liable based on sponsorship, control, and knowledge. Many major cases occurred off-campus.

“Will this be confidential?”
Most cases settle confidentially before trial. We prioritize your family’s privacy while pursuing accountability. You can request sealed records and confidential settlements.

“How much does this cost?”
We work on contingency – no fee unless we win. We cover all case costs upfront and are only paid from the recovery.

About Attorney911: Why Texas Families Choose Us for Hazing Cases

When your family faces a hazing crisis, you need more than a general personal injury lawyer. You need attorneys who understand how powerful institutions fight back—and how to win anyway. From our offices in Houston, Austin, and Beaumont, we serve Smyer families and victims across Texas.

Our Unique Qualifications for Hazing Cases

Insurance Insider Advantage (Mr. Lupe Peña):
Mr. Peña spent years as an insurance defense attorney at a national firm. He knows exactly how fraternity and university insurance companies:

• Value (and undervalue) hazing claims
• Use delay tactics to pressure families
• Argue coverage exclusions
• Negotiate settlements

As he explains: “We know their playbook because we used to run it. When we demand policy limits or fight ‘intentional act’ exclusions, we’re speaking their language.”

Complex Litigation Against Massive Institutions (Ralph Manginello):
Mr. Manginello is one of the few Texas attorneys involved in BP Texas City explosion litigation against billion-dollar defendants. This experience translates directly to taking on national fraternities and university systems with unlimited legal budgets.

As he states: “We’ve faced defense teams with more resources than some small countries. We’re not intimidated by national fraternities or university regents—we know how to beat them.”

Multi-Million Dollar Wrongful Death & Catastrophic Injury Experience:
We have recovered millions for families in complex wrongful death cases. We work with economists, life care planners, and medical experts to build cases that reflect the true value of a life destroyed or permanently altered.

Criminal + Civil Hazing Expertise:
Mr. Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA) means we understand both sides of hazing cases. We can:

• Advise on criminal exposure for victims or witnesses
• Navigate parallel criminal and civil proceedings
• Protect your rights whether you’re considering pressing charges or facing them

Investigative Depth & Expert Network:
We deploy the same investigative resources used in complex refinery and maritime cases:

• Digital forensics experts to recover deleted messages
• Medical experts specializing in injuries like rhabdomyolysis and TBI
• Greek life culture experts to explain power dynamics
• Economists to calculate lifetime damages
• Psychologists to document emotional trauma

Trial-Ready Approach:
As Mr. Manginello explains in our video on case strategy: “A case prepared for trial gets better settlements. A case prepared for settlement gets more delay.” Universities and fraternities know which lawyers will actually go to trial—and that changes how they negotiate.

Our Three-Phase Approach to Hazing Cases

Phase 1: Emergency Response & Evidence Preservation (First 48 Hours)

• Immediate consultation to assess safety and legal options
• Guidance on evidence preservation before deletion
• Coordination with medical providers for proper documentation
• Initial witness interviews while memories are fresh

Phase 2: Investigation & Case Building (Weeks 1-12)

• Comprehensive evidence collection: digital, medical, organizational
• Identification of all potentially liable parties
• Preservation of testimony through sworn statements
• Development of liability and damages theories

Phase 3: Resolution Through Settlement or Trial

• Aggressive negotiation with insurers and defense counsel
• Meditation and settlement conferences when appropriate
• Trial preparation and presentation for cases that don’t settle
• Ongoing support through appeals or enforcement if needed

Call to Action: Smyer Families, We’re Ready to Help

If you or your child has experienced hazing at any Texas campus—whether it’s Texas Tech in Lubbock, Texas A&M in College Station, or any university across the state—we want to hear from you. Families in Smyer and throughout Hockley County have the right to answers, accountability, and fair compensation.

What to Expect in Your Free Consultation

When you contact us for a confidential, no-obligation consultation:

We Will:

• Listen to your story without judgment or interruption
• Review any evidence you’ve preserved (photos, texts, medical records)
• Explain your legal options clearly: criminal reporting, civil lawsuit, both, or neither
• Discuss realistic timelines and what to expect at each stage
• Answer all your questions about costs (we work on contingency – no fee unless we win)
• Provide honest assessment of your case’s strengths and challenges

You Can:

• Take time to decide what’s right for your family
• Bring a trusted friend or family member to the meeting
• Ask as many questions as you need
• Expect complete confidentiality

Contact Attorney911 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 (Ralph Manginello) | lupe@atty911.com (Lupe Peña)

Spanish-Language Services Available:
Hablamos Español – Contact Mr. Lupe Peña at lupe@atty911.com for consultation in Spanish. Servicios legales en español disponibles.

Final Note for Smyer Families

The road from hazing incident to accountability can feel overwhelming. You may face pressure from the organization to stay quiet, from the university to “let us handle it internally,” and from well-meaning friends to “not make waves.” Remember: your child’s health and future matter more than any institution’s reputation. The organizations behind hazing have insurance policies, legal teams, and crisis plans. Your family deserves equal representation.

Whether you’re in Smyer or anywhere across Texas, if hazing has impacted your family, you don’t have to face this alone. The patterns we’ve seen in cases from Bowling Green to Baton Rouge are repeating at Texas universities. The legal precedents are established. The accountability pathways exist. What’s needed now is the courage to come forward and the right legal team to guide you.

Call us today at 1-888-ATTY-911. Let’s discuss how we can help your family find answers, achieve accountability, and begin healing.

Plain Text Links to Key Resources

News Coverage of UH Pi Kappa Phi Hazing Lawsuit:

• Click2Houston coverage: https://www.click2houston.com/news/local/2025/11/21/only-on-2-lawsuit-alleges-severe-hazing-at-university-of-houstons-pi-kappa-phi-chapter-fraternity/
• ABC13 coverage: https://abc13.com/post/waterboarding-forced-eating-physical-punishment-lawsuit-alleges-abuse-faced-injured-pledge-uhs-pi-kappa-phi-fraternity/18186418/

Attorney911 Educational Videos:

• Using your phone to document evidence: https://www.youtube.com/watch?v=LLbpzrmogTs
• Texas statutes of limitations: https://www.youtube.com/watch?v=MRHwg8tV02c
• Client mistakes that can ruin your case: https://www.youtube.com/watch?v=r3IYsoxOSxY
• How contingency fees work: https://www.youtube.com/watch?v=upcI_j6F7Nc

Attorney911 Main Website:

• https://attorney911.com

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