Washington State University Liable for Fraternity Hazing Death, Landmark Ruling

• The Washington Supreme Court has ruled that Washington State University can be held liable for the death of freshman Sam Martinez, who died from alcohol poisoning during a fraternity hazing ritual in 2019.
• The court found that WSU had a special relationship with the fraternity and therefore owed a duty of care to Martinez.
• The university's knowledge of repeated violations by fraternities, including Gamma Chi's history of allowing underage drinking and hazing, made it clear that WSU had the ability to exercise control over these activities.

Not only was the harm of alcohol abuse and hazing for Gamma Chi pledges foreseeable to WSU, but the university had the ability to exercise control over the fraternity to address these dangers.

The Washington Supreme Court has issued a landmark ruling, finding that Washington State University (WSU) can be held liable for the death of freshman Sam Martinez, who died from alcohol poisoning during a fraternity hazing ritual in 2019. The court's decision marks a significant shift in the understanding of university-fraternity relationships and their responsibility to protect students from harm. At the heart of the ruling is the concept of 'special relationship,' which holds that WSU had a duty of care towards Martinez as a result of its close ties with the fraternity. This relationship, established through institutional support and promotion, created a symbiotic bond between the university and the Greek system. The court's majority opinion, written by Justice Sal Mungia, emphasized that WSU's knowledge of repeated violations by fraternities, including Gamma Chi's history of allowing underage drinking and hazing, made it clear that the university had the ability to exercise control over these activities.

The court's decision highlights a disturbing pattern of neglect by WSU in addressing hazing and underage drinking within its Greek community. Despite being aware of repeated incidents, including a 2013 conduct board sanction against Gamma Chi for hazing, the university failed to take adequate measures to prevent harm to students like Martinez. The school's own task force, convened in 2012 to address underage drinking and drug use, found that students in the Greek community were at a higher risk for binge drinking-related harm. Yet, WSU neglected to inform Martinez or his family about the chapter's history of allowing underage drinking and hazing. This failure to act has significant implications for universities nationwide, as it underscores the importance of proactive measures in preventing harm to students from fraternity activities.

The Washington Supreme Court's ruling may signal a new era of accountability for universities and fraternities. As the court emphasized, WSU's special relationship with the fraternity created a duty of care towards Martinez, which the university failed to uphold. This decision has far-reaching implications, as it sets a precedent for other universities to be held liable for hazing and underage drinking incidents within their Greek communities. Lawyers and compliance officers should take note that this ruling may lead to increased scrutiny of university-fraternity relationships and a greater duty of care for universities in preventing harm to students from fraternity activities.

Lawyers and compliance officers should be aware that this ruling may lead to increased scrutiny of university-fraternity relationships and a greater duty of care for universities in preventing harm to students from fraternity activities.

Source: Original reporting via Courthouse News