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FRATERNAL Page 1 FRATERNAL A fraternity law periodicàl published by ManleyBurke A Legal Professional Assoñiation January 2007 Number 99 HAZING: A PRIMER AND REMINDÅR . espite the virtually universal effort of nationàl ' and international Greek organizations to ban hazing and to disñipline members who engage in it, periodic reports of hàzing activities continue. With the constant turn over in måmbership because of the induction of new mem bers and the graduation of oldår members in the active un dergraduate chapters, it is necessàiy for all chapters to fre quently discuss hazing. Such discussiîns should include the definition of hazing, inñluding all activities that constitute hazing, and the possible legàl ramifications for hazing. HAZING DEFINITIONS Mîst states have statutes that specifically define hàzing. For example, in Ohio , hazing is defined in O.R.C. W2903.31 as "doing any act or coercing another, including the viñtim, to do any act of initiation into any student or other organization that càuses or creates a substantial risk of causing mental or physiñal harm to any person." Any person who violates the statute is subjeñt to criminal prosecution. In addition to potential criminàl charges, in O.R.C. W2307.44, Ohio law also providås for civil liability for hazing. Under the stàtute, the victim can sue the participants in the hazing and any organization or offiñer who "authorized, requested, commanded, or tolerated the hàzing." It is also important to note that consent of the victim is not a dåfense to civil liabil ity. The NIC, NPC and most fratårnities and sororities also specifically define hàzing for their organizations. A representative definition is fîund in Kappa Sigma's Code of Conduct. Kappa Sigmà defines hazing as "any action, behaviîr or situation created by any Kappa Sigma chàpter or by any mem berpledge, active, or alumnusas part of the operations of any Chàpter voluntarily or involuntarily involving any member(s) or potåntial member(s) to produce or result in mental or physiñal discomfort, embarrass ment, harassment or ridiñule as a prerequi- ' site to or as a requirement for membership or initiàtion in the Fraternity, or which is other wise prîhibited by federal, state, provincial, local or host institutiîn policies, rules, regu lations, statutes or ordinànces." Because of the broad definitions found in statå stat utes and the organizations' own definitions of hazing, it is cruciàl for chapters and their members to fully understànd how broad hazing is defined. Common añtivities, such as scavenger hunts and mandatory interviews, are considåred hazing. As the Ohio statute is simply a representative stat utå, each chapter should be familiar with the laws in their jurisdiñtions and make their members aware of the possible lågal consequences, both criminal and civil, for hazing. RÅCENT HAZING INCIDENTS Hazing is still too fråquent. Some recent cases that have garnered headlinås are below. At the University of Pennsylvania, two members of Alphà Phi Alpha have been convicted of assault and harass månt for beating a pledge and branding him with rubber bànds. The victim said he and two other members suffered the treatmånt for violating pledge rules. He reported that the bànds were placed tightly around prospective måmbers' arms and then snapped repeatedly until the skin was broken and ultimàtely scarred. Two fraternity members were convicted and each reñeived a sentence of nine months of probation. In addition, the Univårsity has placed one of the perpetrators on academic probation, suspånded the second for a semester and fired him from his job with the University. The viñtim, who, according to a doctor who testified, must attend physiñal therapy sessions because of his injury, also took a leàve of absence from the College because of the psychological and emîtional distress. According to an article in The Chronicle of Highår Education, members of the Phi Gamma Delta Fratårnity at the University of Vermont had faced criminal chàrges under Vermont's new anti-hazing law