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Originally Posted by Kevin
The negligence standard would require that the administrators have a duty to know about this sort of hazing... or at least to investigate. I think the prosecution has an uphill battle with this one, but it all depends on the facts.
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I would agree it's likely to be an uphill battle.
Along with the facts, though, it will depend on whatever the law in New Jersey may be. Many states have been moving toward imposing duties that would not have been considered even a few decades ago, especially with regard to alcohol and safety (such as duties imposed on the host of a party).
I have no idea what the standards in New Jersey might be. I take it from the article linked above that there is no precedent for this kind of case there -- maybe prosecutors are hoping that the court's will enunciate some kind of duty.