Texas A&M students sue fraternity for hazing after experiencing alleged severe burns

[ASTalumna06]

https://www.statesman.com/story/news...ng/6177727001/

Two students at Texas A&M University are suing a fraternity after they say they faced serious bodily injury when industrial strength cleaner was poured on them.

The students, Patrick Close and Jose Figueroa, filed a complaint in state District Court in Harris County against Sigma Alpha Epsilon Fraternity Inc., Texas A&M’s chapter of SAE, and members of the Texas A&M fraternity at the time for violation of the anti-hazing statute in Texas.

Close and Figueroa were chosen to pledge SAE after going through rush at the beginning of the spring 2021 semester, according to the lawsuit, filed last week. In March, the lawsuit alleges that they were forced to do “various kinesthetic activities” and escorted to a barn, where fraternity members poured “foreign substances” on the two freshmen, including human spit, raw eggs, paint, food condiments and an industrial strength cleaner. Close and Figueroa experienced severe burns as a result of the high alkaline cleaner being poured on them, the lawsuit states.

“As a result of the burns they endured, Close and Figueroa were transported to Houston, Texas, to undergo emergency skin graft surgery and eventually underwent a second skin graft surgery,” the suit states. “Close and Figueroa are both permanently disfigured as a result of the burns they endured at the hands of the Defendants.”

The two students are seeking at least $1 million in damages and a jury trial.

Texas A&M spokeswoman Kelly Brown said the university's chapter of SAE was suspended on Wednesday for two years, and the organization will be on probation for two more years when its suspension ends.
.....
The lawsuit follows several hazing incidents at Texas A&M.

The university has found 10 organizations responsible for hazing since fall 2018, including various sororities and fraternities, according to a public list on the university’s website. The list does not include Texas A&M’s chapter of SAE.

[g41965]

If this is proven I then a two year suspension is pretty light.

[PGD-GRAD]

I agree. This is criminal activity, and two years doesn’t begin to cover it—neither does 4 years for that matter.
So who will be responsible for paying the damages: the local chapter or SAE Hdqtrs?

[SAEalumnus]

Originally Posted by PGD-GRAD

I agree. This is criminal activity, and two years doesn’t begin to cover it—neither does 4 years for that matter.
So who will be responsible for paying the damages: the local chapter or SAE Hdqtrs?

Each Chapter pays a per-person insurance premium to headquarters, with amounts varying based upon the Chapter's behavioral history and whether or not they are a dry house. I anticipate that unless the court orders individual defendants to pay some portion of the damages personally, that might end up being paid by headquarters' insurance carrier.

[KD4Me]

Originally Posted by SAEalumnus

Each Chapter pays a per-person insurance premium to headquarters, with amounts varying based upon the Chapter's behavioral history and whether or not they are a dry house. I anticipate that unless the court orders individual defendants to pay some portion of the damages personally, that might end up being paid by headquarters' insurance carrier.

Would insurance cover injuries due to hazing activities? It seems that would fall outside the boundaries of the policy. Asking a legitimate question, not trying to throw shade on anyone.

[SAEalumnus]

Originally Posted by KD4Me

Would insurance cover injuries due to hazing activities? It seems that would fall outside the boundaries of the policy. Asking a legitimate question, not trying to throw shade on anyone.

That would depend upon the insuring agreements, conditions, and exclusions detailed in the policy. I haven't seen the document itself, so am unable to comment on it.

[PhilTau]

Originally Posted by KD4Me

Would insurance cover injuries due to hazing activities? It seems that would fall outside the boundaries of the policy. Asking a legitimate question, not trying to throw shade on anyone.

The following is not intended (and should not be relied upon) as legal advice. Insurance policy coverage is a legal specialty. But you can answer your own question by looking as some of the typical policy language used by a couple of fraternities.

This type of language is probably typical:

"Exclusions

This insurance does not apply to:

a. "Personal injury" * * *

Arising out of the willfu violation of a penal statute or ordinance committed by or with the consent of the insured * * * "


You can google fraternity insurance policy coverage language yourself.

A more typical example can be found in Beta Theta Pi's Insurance and Claims Manual on their website, which you can read at https://beta.org/wp-content/uploads/...al-2018-19.pdf

"Who is not an insured under this policy?
A. Any individual member, alumnus, trustee or advisor who is performing tasks outside of his responsibility
(i.e. spontaneous social function planned by an individual member, chapter advisor consuming alcohol
with undergraduates, hazing of members, etc...)
B. Any member who’s illegal or intentional actions result in death or injury to an individual or property
damage.
C. Members' parents or family members and guests of chapter members.
D. College/University administration * * *."

The simple answer is that it is very unlikely that any U.S. insurance company will cover an individual judgment for injuries resulting from an individual's hazing activities. Also keep in mind that intentional torts are not dischargeable by bankruptcy and, if found liable, the judgment against the person doing the hazing will be filed in every county where the liable individual lives. It will also show up on credit reports, ruin their credit, limit their ability to obtain professional licenses and apply for certain jobs, and follow them around for a long, long time, unless of course they are independently wealthy and able to pay off the judgment.

[JonInKC]

Originally Posted by PhilTau

B. Any member who’s illegal or intentional actions result in death or injury to an individual or property
damage.

That. That Right there.