The cost of hazing can be catastrophic. Every year, families hear stories about students whose lives were impacted by hazing – stories about students participating in activities that led to injuries like the loss of sight, broken limbs, and even death. According to Hazinginfo.org, 122 students have died from hazing incidents since the year 2000. Because hazing continues to occur on a regular basis at schools across the country, students and their families must understand their options within the legal system. Hazing can lead to both criminal cases and civil cases, but the two paths look very different. We have years of experience working on hazing cases, and we support students and families seeking legal guidance.
What’s the Difference Between a Criminal Hazing Case and a Civil One?
Criminal cases seek to punish individuals, usually students, who violated criminal laws. Criminal prosecutions are filed by the government. These cases seek to obtain convictions, which require proof beyond a reasonable doubt. If a defendant is convicted or pleads guilty, the defendant is then sentenced. Sentences for hazing convictions can range from probation to years in jail. In criminal cases, the victim of the crime has input about the resolution of the case, but ultimately the prosecutor directs the case.
Civil cases are filed by victims of hazing and their families. These cases seek to make victims whole through financial compensation and accountability for the harm caused by hazing. The burden of proof in a civil case is usually the preponderance of the evidence, which means that a plaintiff must prove that their claims are more likely than not to be true. This burden of proof is much lower than the burden required in criminal cases. When it comes to working with a lawyer, victims of hazing choose their own counsel.
The outcome of a criminal case does not determine whether a civil lawsuit can be filed. In fact, a civil lawsuit can be filed even if a prosecutor decides not to pursue criminal charges. Likewise, a civil lawsuit can be filed even if a defendant is acquitted. If a criminal case is ongoing, a civil lawsuit can still be filed; the criminal case does not have to be resolved before civil action can start.
How a Criminal Hazing Case Affects Your Civil Lawsuit
Criminal investigations can be helpful for civil lawsuits because they generate lots of information about what happened. Police typically create lengthy reports detailing all the steps in their investigation, including who they interviewed, what the witness said, and what physical evidence was gathered. Police also photograph relevant locations, analyze electronic devices, and submit evidence for scientific analysis by a crime lab.
If a criminal defendant enters a guilty plea or is convicted by a jury, that information is admissible in a civil case. Any testimony or statements by a defendant in a criminal case is also admissible in a civil case. It is important to recognize that a criminal defendant has a constitutionally protected right to silence. That constitutional right to silence does not extend to civil cases, however, where negative inferences can be drawn from a party’s refusal to answer questions.
Who Can Be Sued After a Hazing Injury or Death?
Civil cases have a broader reach than criminal cases in terms of who can be a defendant. Defendants in civil cases can include people and entities that didn’t have direct involvement in the actual hazing activity.
- Individual students who participated in hazing: Students who organized, led, participated in, and/or encouraged hazing activities may be liable.
- Student organizations/chapters: fraternities and sororities, athletic teams, and clubs can be liable. These groups often fail to enforce anti-hazing policies and allow a culture in which hazing becomes the norm.
- The national organization for the fraternity or sorority: These entities may be liable when they had prior knowledge of hazing and failed to take any steps to stop hazing.
- Colleges, universities, schools: These institutions may be liable when they had prior knowledge of hazing and ignored warning signs; failed to enforce their policies; and failed to supervise student organizations.
- Property owners and hosts: a property owner may also be held liable under certain circumstances.
What Can a Hazing Victim or Family Recover?
Victims of hazing and their loved ones can recover a variety of damages that cover many types of harm. Economic damages are damages tied to specific monetary losses. Examples of economic damages include medical expenses, lost wages, and future medical and psychological treatment. Non-economic damages address non-monetary losses like pain and suffering from injuries, as well as emotional distress. There are additional types of recovery available in wrongful death cases. Examples of damages include funeral expenses, loss of consortium, and mental anguish suffered by surviving family members. Finally, in some cases punitive damages may be available. Punitive damages are not tied directly to loss; they are designed to punish perpetrators for particularly egregious actions and to deter future misconduct. The goal of punitive damages is not to make a plaintiff whole, but to prevent future harm.
Why You Shouldn’t Wait to Consult a Civil Attorney After a Hazing Incident?
It is important to contact an attorney experienced in handling hazing cases. First, evidence can disappear and an experienced attorney will take steps to gather and preserve evidence. Critical evidence in the possession of students might include text messages, group messages, photographs, and witness statements. Second, counsel will send the necessary communication to institutions and organizations to request that evidence be preserved. Such evidence may include video footage and internal emails. Lastly, each state has its own statutes of limitations that determine the timeframe within which legal claims must be filed. In Ohio, the state of limitations for filing a lawsuit related to hazing is two years from the date of the incident. If the victim of hazing is under the age of eighteen, the statute of limitations generally does not start to run until the victim turns eighteen.
How KJK Can Help Victims and Their Families
Hazing cases are complex legal matters that can proceed in both the criminal justice system and in civil litigation. Susan Stone and Kristina Supler have decades of experience handling both criminal and civil cases, in addition to handling a variety of student matters involving educational institutions. They understand that victims of hazing and their families are often met with resistance every step of the way when seeking accountability, but they do not stop fighting for their clients. For a confidential consultation, contact them at 216-716-5630 or by submitting this form https://studentdefense.kjk.com/contact-us/.