Running Head: HAZING IN HIGHER EDUCATION

Hazing in Higher Education

Ryan Bradshaw
George Mason University
CTCH 701
Dr. Schwartzstein

Running Head: HAZING IN HIGHER EDUCATION

Hazing in Higher Education: Danger Lurks in the Band
On November 19, 2011, following a performance in the Battle of the Bands at the Florida
Classic football game between Florida A&M University (FAMU) and Bethune-Cookman
University, Robert Champion, a 26 year old drum major in the FAMU band died on a bus in the
parking lot of an Orlando area hotel (Kunerth & Balona, 2012). The investigation that followed
revealed a history of hazing within the band which culminated in the death of a promising
student leader (The New York Times, 2012), several high-ranking school officials losing their
jobs (Balona, 2012; Fineout, 2012), and criminal and civil legal cases ending up in the courts
(Hudak, 2014; Hightower, 2014).
On May 23, 2014, a parent of an Ohio State University (OSU) Marching Band member
made a complaint to OSUs Office of University Compliance and Integrity (OUCI) in regards to
a sexualized culture within the band that involved members making a secrecy oath and having
objectionable traditions and customs (The Ohio State University Office of University
Compliance and Integrity, 2014). The investigation lead to the dismissal of the Bands Director
(Binkley, 2014) and a university task force to investigate changing the culture (The OSU
Marching Band Culture Task Force, 2014).
The purpose of this paper is to investigate the local, state, and federal laws associated
with hazing and how they affect the role of current university administrators. The FAMU and
OSU cases will serve as guides through this investigation as each case exemplifies different laws
and applications of legal principles.

Running Head: HAZING IN HIGHER EDUCATION

Case 1: FAMU Marching 100
The FAMU Marching 100 was founded in 1892 with 16 original members and has today
grown to over 420 members (Florida A&M University, n.d.). The band has been credited with the
invention of many innovative marching band techniques over its history and has seen great
success performing in three Presidential Inauguration Parades, five Super Bowls, and one
Grammy award ceremony (Florida A&M University, n.d.). According to one former FAMU
student, the band members were the superstars of campus and everyone looked up to them in the
same manner football players were revered at other institutions (A. Bruynin, personal
communication, November 24, 2014).
Band members came from all over the country (Chicago, New York, Atlanta, etc.) for the
chance to be part of the famed group (Kunerth & Balona, 2012). In 2011, over half of the band
members were receiving scholarships or other forms of financial aid tied to their participation in
the band (Kunerth & Balona, 2012). These factors helped facilitate a culture of hazing within the
band.
History of Hazing
In 1998, the bands longtime director, Dr. William P. Foster, retired following a 53 year
term at the helm of the band, giving way to Dr. Julian E. White, a longtime assistant, to step in
and take the reigns (Florida A&M University, n.d.). Shortly after White takes over, a band
member, Ivery Luckey, is struck over 300 times with a paddle by a group of male band members
and then slapped repeatedly in the face by female band members at an off-campus house
(Wilmath, 2011; Kunerth & Balona, 2012). Luckey, a sophomore in the band, had noticed his
playing time in large performances was decreasing and other students were getting to play more

Running Head: HAZING IN HIGHER EDUCATION

often. Upon inquiring as to why, he found out that the individuals playing more often in
performances had crossed-over into an elite group of the band that entailed an initiation
process (Wilmath, 2011). Wanting to increase his playing time in the band, Luckey decided to go
through the process at a house off campus (Wilmath, 2011). After being struck that many times,
he felt nauseous and had chills and woke up the next morning urinating blood (Wilmath, 2011).
He went to the hospital and was diagnosed with kidney-failure as a result of the trauma to his
body, spending two weeks in hospital (Wilmath, 2011). He ended up leaving the band and
receiving a $50,000 settlement from FAMU for his experience (Kunerth & Balona, 2012).
The University Responds. In response to the Luckey events, director White and the FAMU
administration implement a mandatory hazing training for all band members at the start of each
season (Kunerth & Balona, 2012). The session typically involves speeches from student
government leaders, student band leaders, the band director, and the university President, all
stressing that hazing is wrong, against the institutions policies, and can result in band members
losing their scholarship or being expelled from school (Kunerth & Balona, 2012). The university
police chief also spoke at the trainings, detailing the tough Florida state statutes that can result in
criminal charges and jail time for anyone who hazes (Kunerth & Balona, 2012). The sessions
concluded with each band member signing a pledge not to haze or be hazed (Kunerth & Balona,
2012). These sessions continued up until 2011 (Kunerth & Balona, 2012).
Hazing Continues. In 2001, Marcus Parker, an 18 year old freshman member of the band is
paddled over 30 times by a group of five senior band members, at an off-campus house, and then
experiences kidney failure leading to hospitalization (Band hazing victim awarded $1.8-million,
2004; Kunerth & Balona, 2012). Twelve band members are charged with a misdemeanor and are
later sentenced to probation (Armario, 2011). Parker ended up settling with FAMU out of court
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Running Head: HAZING IN HIGHER EDUCATION

for the incident for an undisclosed amount (Band hazing victim awarded $1.8-million, 2004), due
to the State of Floridas Sovereign Immunity clause at the time limiting any suit against the state
to a maximum of $100,000 (FL Stat 768.28, 2004), but did win a $1.8 million lawsuit against his
five attackers in court (Band hazing victim awarded $1.8-million, 2004).
Incidents of hazing continued throughout the decade that followed the Parker incident,
but the next major incident occurred on October 31, 2011 (Kunerth & Balona, 2012). Bria
Hunter, an 18 year old freshman member of the band from Georgia was attempting to join the
Red Dawg Order, a group of band members from her home state (Bluestein & Fineout, 2011).
After Hunter missed a group meeting, she is punished, at the off-campus house of a band
member, by having to march in place and play her clarinet while two male band members, each
weighing almost twice Hunters 112 lbs., punched her legs (Bluestein & Fineout, 2011). The next
day, Hunter and other freshmen members of the Red Dawg Order, are punished as a group for
not being able to recite the history of Red Dawg Order, and are struck in the legs with a metal
ruler while being forced to march in place (Bluestein & Fineout, 2011). A week later, Hunter is
no longer able to stand and goes to the hospital, where she is diagnosed with a broken femur and
a blood clot in her leg due to the beating she endured (Kunerth & Balona, 2012).
Following the incident, Hunter transferred away from FAMU, forfeiting her $82,000
scholarship (Bluestein & Fineout, 2011). Three band members are charged with felony hazing in
the incident, with two, Aaron Golson and Sean Hobson, pleading no contest to misdemeanor
hazing charges, while the third had the charges against him dropped (Hudak & Haughney, 2012).
Golson and Hobson each avoided jail time with their May, 2012 pleas, instead being sentenced to
serve probation back in their home state of Georgia and spending 30 days in a work camp
(Hudak & Haughney, 2012).
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Running Head: HAZING IN HIGHER EDUCATION

Band Director Julian White responded to the Bria Hunter incident by suspending 26 band
members within days of the incident (Armario, 2011; Kunerth & Balona, 2012), a move which
would bar those individuals from taking part in the culminating event of the year, the Florida
Classic.
November 19, 2011
The Florida Classic is an annual football game between FAMU and Bethune-Cookman
University that takes place in Orlando, Florida, at the famed Orlando Citrus Bowl Stadium
(Kunerth & Balona, 2012). The game is known as a Battle of the Bands, interrupted by a football
game (Kunerth & Balona, 2012). Band members are treated like royalty, staying as a team at a
swank hotel and having their buses escorted to and from the stadium by police (Kunerth &
Balona, 2012). The game also marks the end of the season for the band. Following their
performance that day, rookies are no longer rookies. It also marks the time that graduating
student leaders leave the band and senior members step in to fill the void.
Following the game, band members boarded a series of buses, with more senior band
members riding in buses closer to the start of the alphabet, to return to the hotel (Kunerth &
Balona, 2012). Based on police interviews with band members in the days that followed the
incident, Bus C had a reputation for hazing rituals, with the two most popular rituals being the
Hot Seat, and Crossing the Bus (The New York Times, 2012). A Hot Seat, as described to police
by band members, involved one to three band members at a time sitting in the back row of the
bus and leaning forward, covering their head (The New York Times, 2012). Other band members
then struck the sitting members in the back, legs, arms, and sides, with closed fists, open hand
slaps, kicks, and with percussion mallets (The New York Times, 2012). The only rule was no
hitting the Hot Seater in the head (The New York Times, 2012). The beatings lasted upwards of
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Running Head: HAZING IN HIGHER EDUCATION

three to four minutes; the length of the incident determined by the bus President. (The New
York Times, 2012)
Throughout the course of the year, each member of Bus C endured three to four Hot
Seats before the initiation to the bus culminated with a Crossing of the Bus (The New York
Times, 2012). Crossing the Bus entailed, with the bus parked, one or more band members
entered through the front door of the bus with a goal of touching the back wall of the bus (The
New York Times, 2012). Standing in their way, 20 to 30 members of Bus C, all intent on
obstructing their way while striking them with hands, fists, feet, and percussion mallets (The
New York Times, 2012). The only rules were no hitting the head or neck (or chest of a female
student) (The New York Times, 2012). Once they reached the back of the bus, they were
officially part of Bus C and no longer had to go through any initiations (The New York Times,
2012).
Robert Champion. Champion was a senior member of the band who had stayed away from
hazing throughout his musical career, up until the night of November 19, 2011 (Kunerth &
Balona, 2012). Champion was in line to become a drum major, one of the senior student leaders
or a general as fellow members put it, for the upcoming season (Kunerth & Balona, 2012). No
one knows exactly why Champion decided that after five years in the band without being hazed,
he had to Cross Bus C, but it is thought to have been a result of his upcoming position (Kunerth
& Balona, 2012). In order to command respect from the band members as a newfound general,
he believed he had to earn their respect by surviving their toughest hazing ritual (Kunerth &
Balona, 2012). As fellow band members later told police, they went extra hard on drum majors
as those were the leaders who got mad at them when they made a mistake, so this was their

Running Head: HAZING IN HIGHER EDUCATION

chance at payback (The New York Times, 2012). Champions decision to partake would end up
costing him his life.
Champion Crosses Bus C. In the parking lot of the bands Orlando hotel, upon returning back
from the Florida Classic, the bus driver gave some students the key to the bus under the premise
of them retrieving some personal articles (Hudak, 2014). Champion and two other students then
cross the bus, assisting each other to reach the back of the bus (Kunerth & Balona, 2012). After
completing the task, Champion complains of being dizzy and thirsty, and then vomits, before
collapsing, unresponsive, on the floor of the bus (Kunerth & Balona, 2012; The New York
Times, 2012). Two anonymous 911 calls are placed, leading to paramedics transporting him to a
local hospital where he is pronounced dead (Kunerth & Balona, 2012). The cause of death is
identified three weeks later by a coroner as hemorrhagic shock due to blunt force trauma
(Kunerth & Balona, 2012).
The Fallout
Internal to FAMU. In the days following Champions death, the band is suspended indefinitely
from all activities (Portman, 2013). Julian White, the bands director, is fired by the institution
for incompetence related to his actions of recognizing and responding to hazing, which White
contested (Armario, 2011). He is later reinstated at the urging of the Florida Department of Law
Enforcement, who ask FAMU to withhold making taking any actions until the criminal
investigation is complete (Balona, 2012). White then unexpectedly retires in May of 2012,
before an investigation is released detailing how 100 band members, 60 of who travelled and
performed at the Florida Classic, were not enrolled in classes at FAMU in the Fall of 2011
(Balona, 2012). Even more damning to White is the fact that members he had suspended as a
result of the Bria Hunter incident, including Aaron Golson, one of the individuals charged with
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Running Head: HAZING IN HIGHER EDUCATION

hazing in that incident, travelled and performed in the Florida Classic, with Golson ending up on
Bus C at the time of Champions death (Balona, 2012; The New York Times, 2012).
James Ammons, the President of FAMU at the time, resigns his position in July of 2012,
after the Board of Trustees of FAMU vote no-confidence in his leadership abilities as a result of
his handling of the hazing allegations both prior to and after the Robert Champion incident
(Fineout, 2012).
Criminal Charges. Fourteen band members are charged criminally in the incident (Trial for
remaining defendants in FAMU hazing-death case set to begin, 2014). 12 are charged with
Felony Hazing, two with Misdemeanor Hazing, under Florida State Law (Hightower, 2013). The
12 charged with Felony Hazing later have additional counts of Manslaughter added to their list of
charges, following additional investigation (Hightower, 2013). To date, four pled guilty to
Manslaughter and received probationary sentences, three other plead guilty to Hazing Causing
Death and received community service sentences, and the two individuals charged with the lesser
counts of Misdemeanor Hazing had the charges against them dropped (Trial for remaining
defendants in FAMU hazing-death case set to begin, 2014). Three individuals, including Aaron
Golson, are awaiting trial pending a challenge by their lawyers that the term hazing not be
included in the trial (Trial for remaining defendants in FAMU hazing-death case set to begin,
2014).
Two defendants remain. In March of 2014, Jessie Baskin pled guilty to the count of
Manslaughter in his case and was sentenced to 51 weeks in jail, five years probation, and 300
hours of community service (Florida v. Baskin, 2012). His lawyer attempted to argue that
Champion was a willing participant in the hazing ritual and that he understood the potential
consequences of partaking in the activity (Florida v. Baskin, 2012).
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Running Head: HAZING IN HIGHER EDUCATION

The final defendant, Dante Martin, was quickly identified through police interviews
during their investigation as the President of Bus C (The New York Times, 2012). Multiple
interviewees stated that Martin was the longest serving member of the bus and, as such, became
President (The New York Times, 2012). As President, he decided who received Hot Seats and
Bus Crossing, when they occurred, and how long they last for (The New York Times, 2012).
Martin faced a jury trial in late October, 2014, and was found guilty on counts of Manslaughter
and Hazing Resulting in Death in relation to Champions death, and two additional charges of
Misdemeanor Hazing in relation to the two other individuals who joined Champion in the
Crossing of the Bus (Florida v. Martin, 2012). His lawyer attempted to argue that the Crossing of
the Bus was not hazing, but a competition that Champion entered into voluntarily (Hightower,
2014). He is currently awaiting sentencing in the case, which is scheduled to take place in
February, 2015 (Florida v. Martin, 2012), and faces up to 22 years in prison (Hightower, 2014).
Civil Charges. Champions family/estate have to date filed wrongful death civil suits against
FAMU, the Bus Company (Fabulous Coach Lines), the bus driver, and the Hotel. FAMU, as a
state institution, has claimed Sovereign Immunity in the case, which limits the potential
settlement award to a maximum of $300,000 allowed by the 2014 Florida Code, $300,000 (FL
Stat 768.25-5, 2014). The family/estate is currently attempting to petition the Florida Legislature
to pass a claims bill that would waive the Sovereign Immunity clause, the only way to sue the
state for more than $300,000, prior to the October, 2015 trial (Hudak, 2014). Fabulous Coach
Lines and the bus driver, based on the fact that the bus driver allowed the students access to the
unattended bus, have settled their cases for an undisclosed amount (Hudak, 2014). The case
against the hotel, claiming that the dimly lit parking lot contributed to the danger, was dropped

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Running Head: HAZING IN HIGHER EDUCATION

(Hudak, 2014). Additional civil charges against the defendants in the criminal cases remain a
possibility (Hudak, 2014).
Conclusion of FAMU Case Study
Hazing at FAMU had become part of the culture. An interview with a former FAMU
student revealed that it was well known around campus that in order to be a member of the
famed Marching 100, members had to go through some tough initiation rituals (A. Bruynin,
personal communication, November 24, 2014). New members were willing to go through with it
because, as Bria Hunter put it when asked why she and others subjected themselves to the
physical abuse: So we can be accepted. If you dont do anything, then, its like youre lame
(Bluestein & Fineout, 2011). The fact that hazing was so engrained in the culture of the band
meant that a meeting and a simple pledge to not haze had little impact on the decisions band
members made.
That over half of the band members were receiving scholarships or financial aid is
another reason why the culture of hazing persisted. By leaving the band, Bria Hunter left behind
a scholarship worth $82,000 (Bluestein & Fineout, 2011). Many other band members would not
be able to walk away from a lucrative scholarship and continue to pursue their studies. Being
away from home and needing to stay in the band in order to maintain their scholarship and stay
in school, many would feel that they have little choice but to submit to the hazing in order to
remain an active member of the band.
The Marching 100 were reinstated by a new FAMU President in September of 2013, with
a new band director (Portman, 2013). In a sign that changing the culture was important to the

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Running Head: HAZING IN HIGHER EDUCATION

institution moving forward, the new band director was brought in from outside of the institution
(Florida A&M University, n.d.).
Anti-Hazing Laws
Currently, 44 states, plus the District of Columbia, have anti-hazing laws in place, with
Alaska, Hawaii, Montana, New Mexico, South Dakota, and Wyoming having no laws governing
hazing (StopHazing, n.d.). There is no Federal statute that governs hazing. As there is no
consistent law in place, definitions, defenses, and penalties vary greatly (StopHazing, n.d.). Laws
from Arizona, Maryland, and Florida provide a good example of the variances in statutes. The
law of Virginia will also be explored as it relates to this institution.
Arizona
Arizona has perhaps the law with the smallest penalty. In Arizona, all Educational
Institutions, from elementary schools to universities, must have their own anti-hazing policies
with procedures for reporting hazing and punishments determined by the institution outlined in
policy (AZ Rev Stat 15-2301, 2013). The statute defines hazing as:
any intentional, knowing or reckless act committed by a student, whether individually
or in concert with other persons, against another student in order to become affiliated
with or maintain membership in an organization at an educational institution
contributes to a substantial risk of potential physical injury, mental harm or degradation
or causes physical injury, mental harm or personal degradation. (AZ Rev State 15-2301,
2013).
Arizona also requires each institutions anti-hazing policies include a statement attesting
that it is not a defense to a violation of the hazing prevention policy if the hazing victim
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Running Head: HAZING IN HIGHER EDUCATION

consented to or acquiesced in the hazing activity. (AZ Rev State 15-2301, 2013). Arizona does
not have any state criminal penalties for hazing.
Maryland
Maryland has one of the shortest statutes on hazing, using only 96 words. It, quite simply
states:
Prohibited. A person may not recklessly or intentionally do an act or create a situation
that subjects a student to the risk of serious bodily injury for the purpose of an initiation
into a student organization of a school, college, or university. (MD Criminal Law Code
Ann. 3-607(a), 2014).
Similar to Arizona, the statute also prohibits the implied or express consent of a student
to hazing as a defense (MD Criminal Law Code Ann. 3-607(c), 2014). Maryland considers
violations of this law to be a misdemeanor and allows for a maximum imprisonment of 6 months
and a fine of up to $500, or both (MD Criminal Law Code Ann. 3-607(b), 2014).
Florida
Florida has perhaps the toughest anti-hazing laws of any state. In Florida, hazing is
defined in a very detailed way:
any action or situation that recklessly or intentionally endangers the mental or
physical health or safety of a student for purposes including, but not limited to, initiation
or admission into or affiliation with any organization operating under the sanction of a
postsecondary institution. Hazing includes, but is not limited to, pressuring or coercing
the student into violating state or federal law, any brutality of a physical nature, such as

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whipping, beating, branding, exposure to the elements, forced consumption of any food,
liquor, drug, or other substance, or other forced physical activity that could adversely
affect the physical health or safety of the student, and also includes any activity that
would subject the student to extreme mental stress, such as sleep deprivation, forced
exclusion from social contact, forced conduct that could result in extreme embarrassment,
or other forced activity that could adversely affect the mental health or dignity of the
student. Hazing does not include customary athletic events or other similar contests or
competitions or any activity or conduct that furthers a legal and legitimate objective. (FL
Stat 1006.63, 2014).
Florida also has different penalties for hazing based on the outcome. It is considered a
First Degree Misdemeanor when an individual intentionally or recklessly commits any act of
hazing and the hazing creates a substantial risk of physical injury or death to such other
person. [emphasis added] (FL Stat 1006.63(2), 2014). A First Degree Misdemeanor is
punishable by a term of imprisonment of not more than one year (FL Stat 775.082(6), 2014). It
is considered a Third Degree Felony when an individual intentionally or recklessly commits any
act of hazing and the hazing results in serious bodily injury or death of such other person.
[emphasis added] (FL Stat 1006.63(3), 2014). A Third Degree Felony is punishable by a term
of imprisonment of not exceeding five years (FL Stat 775.082(4), 2014).
Similarly to Arizona and Maryland, Florida does not allow for an individual to consent to
be hazed (FL Stat 1006.63(5), 2014). Florida also has a separate anti-hazing statute for high
schools (FL Stat 1006.135, 2014).

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Running Head: HAZING IN HIGHER EDUCATION

Virginia
As George Mason University is location within the Commonwealth of Virginia, it is also
important for a professional at this institution to be aware of the laws governing it. The Virginia
Code defines hazing as:
to recklessly or intentionally endanger the health or safety of a student or students or
to inflict bodily injury on a student or students in connection with or for the purpose of
initiation, admission into or affiliation with or as a condition for continued membership in
a club, organization, association, fraternity, sorority, or student body regardless of
whether the student or students so endangered or injured participated voluntarily in the
relevant activity. (VA Code 18.2-56, 2014).
The Virginia Code classifies hazing as a Class 1 Misdemeanor, with a maximum penalty
of confinement in jail for not more than twelve months and a fine of not more than $2,500,
either or both (VA Code 12.2-11(a), 2014).
As in the other states used as examples, Virginia does not allow for victims of hazing to
volunteer to be hazed (VA Code 18.2-56, 2014). However, Virginias statute does include some
additional provisions not found in other states. Most importantly to university administrators, it
requires the President of any school receiving appropriations from the state treasury to sanction
and discipline a student found hazing, in accordance with the institutions policies (VA Code
18.2-56, 2014). It also requires the institutions policies and procedures to provide for expulsions
or other appropriate discipline, based on the facts and circumstances of each case, and for the
President of the institution to report hazing causing bodily injury to the attorney for the
Commonwealth (VA Code 18.2-56, 2014).

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Implications of Anti-Hazing Laws
The fact that each state has its own varying laws, with different penalties, would greatly
change the results of the FAMU criminal cases if they were to have taken place in any other
state. The charges against Dante Martin for Third Degree Felony Hazing resulting in Death, First
Degree Misdemeanor Hazing (two counts), will exemplify these differences.
Had the death of Champion, with Martin as the leader of the hazing group, taken place in
Arizona, Martin would have at worst faced internal sanctions from his institution for the hazing
(Manslaughter charges still could have been laid). If the incident had happened in Maryland, at
worst he would be facing three Misdemeanor charges for hazing, with a total maximum penalty
of 18 months in prison (3 counts, maximum 6 months each) and/or a fine of up to $1,500. In
Virginia, three Class 1 Misdemeanor charges would lead to a maximum of 36 months in prison
and/or up to $7,500 in fines. In Wyoming, he would not even have been charged for hazing.
However, because it occurred in Florida, Martin faced a Third Degree Felony charge and two
First Degree Misdemeanor charges in connection to the case. Combined, they constitute up to
seven years in prison. It is therefore important for higher education professionals and students to
be aware of the laws governing their state.
There are several consistencies amongst the different states laws. The definitions of
hazing all include wording related to students hazing students, for the purpose of initiation or
membership into a group/organization, and risk of serious injury. This consistency is important
to note, as it shows that while states cannot agree on penalties, they can mainly agree on
definitions.

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A final important consistency is the fact that all four states include verbiage prohibiting
an individual from volunteering or consenting to be hazed. This played an important role in
Dante Martins defense strategy. His lawyer argued that Champion agreed to take part in a
competition by Crossing the Bus (Hightower, 2014). This defense would not stand in any of
these four states as interviews with other individuals on the bus referred to Crossing the Bus as
an initiation process (The New York Times, 2012), and being such, an individual could not
consent to be hazed.
Case 2: The Ohio State Marching Band
The Ohio State University Marching Band (OSU Band) has a history dating back to the
1800s when it began providing military music during exercises (The OSU Marching Band, n.d.).
The band was all male until 1973, when women were first allowed into the band as a result of
Title IX legislation (The Ohio State University Office of University Compliance and Integrity,
2014). The band, now comprising 225 members, is 21% female (The Ohio State University
Office of University Compliance and Integrity, 2014).
Jonathan Waters, a band member in the late 1990s, had worked his way up within the
ranks of leadership for the band since his 1999 graduation, becoming director of the band in
October, 2012 (The Ohio State University Office of University Compliance and Integrity, 2014).
The Complaint
On May 23, 2014, a parent of a band member reported concerns to Ohio State
Universitys Office of University Compliance and Integrity (OUCI) about the OSU Bands
culture, claiming that members were made to swear secrecy oaths about objectionable traditions
and customs, and that the general culture of the band was sexualized (The Ohio State
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University Office of University Compliance and Integrity, 2014). As required by federal law, the
OUCI immediately began a Title IX investigation (The Ohio State University Office of
University Compliance and Integrity, 2014).
The Investigative Findings
The OUCIs report (2014) states that it conducted 16 interviews with current and former
band members, band staff, and the complainant parent. It found numerous activities that led in to
the finding that The OSU Bands culture facilitated acts of sexual harassment, creating a hostile
environment for students (The Ohio State University Office of University Compliance and
Integrity, 2014). The investigation centered on the role of the bands director, Jonathan Waters, in
allowing the culture to continue (The Ohio State University Office of University Compliance and
Integrity, 2014).
The OUCIs report (2014) identified 10 different types of activities that led to this
culture: Midnight Ramp, Nicknames, Tricks, Rookie Introductions, Rookie Midterms and
Physical Challenges, Trip Tic, Songbook, Changing Clothes on Buses, Other Misconduct on
Buses, Oaths of Secrecy/Fessler Night. Activities identified in the OUCIs report (2014) and the
Ohio State Universitys Marching Band Culture Task Forces report (2014) that pointed to
Waters involvement or knowledge of the activity, will briefly be highlighted.
Midnight Ramp/Oaths of Secrecy/Fessler Night. Fessler Night was a final initiation party for
new band members, hosted by senior band members. During Fessler Night, new members were
made to swear an oath of secrecy never to speak of the events of Fessler Night outside of the
band. The night concluded with Midnight Ramp, in which band members performed their
traditional march into the main football stadium at midnight, wearing underwear or, in some

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cases no clothes at all. Following a 2011 incident in which a band member was hospitalized
during Midnight Ramp due to alcohol poisoning, Waters decided it would be safer if he and other
staff members supervised the events of the evening.
Nicknames/Tricks. All band members were given Nicknames upon entering the band. Waters
admitted that at least half of the Nicknames were questionable. The questionable names
included many sexualized names, such as Twat Thumper, Twinkle Dink, and Jewoobs
(given to a Jewish student with large breasts). Tricks were associated with an individuals
Nickname. For example, a student Nicknamed Barker would have to pretend he was soliciting
clients outside a strip club whenever he was asked to do his Trick. Waters denied knowing about
the current Tricks, but did know about sexualized ones that occurred when he was a band
member. He also admitted that a book of all alumni and their associated Nicknames was kept.
Changing Clothes on Buses. A female band member alleges she complained to Waters that band
members of both sexes had to change on the same bus at the same time for many away games,
but was ignored. The investigation confirmed that Waters was aware of this and did nothing to
alleviate the situation.
OUCIs Conclusions
The OUCI (2014) found that the culture of the band resulted in acts of sexual harassment,
which created a hostile learning environment, in violation of Title IX.
Title IX. Title IX of the Education Amendments of 1972 states:
No person in the United States shall, on the basis of sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any education
program or activity receiving Federal financial assistance. (20 U. S. C. 1681, 1972).
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Running Head: HAZING IN HIGHER EDUCATION

The Office of Civil Rights (OCR) of the United States Department of Education, which is
responsible for enforcing Title IX, clarified in 2001 that sexual harassment of students can be a
form of sex discrimination covered by Title IX (U.S. Department of Education Office for Civil
Rights, 2001). It went on to define sexual harassment of students as:
unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome
sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical
conduct of a sexual nature. Sexual harassment of a student can deny or limit, on the basis
of sex, the students ability to participate in or to receive benefits, services, or
opportunities in the schools program. Sexual harassment of students is, therefore, a form
of sex discrimination prohibited by Title IX under the circumstances described in this
guidance. (U.S. Department of Education Office for Civil Rights, 2001).
The OCR, a decade later, extended their clarification on sexual harassment, sex
discrimination, and an administrators role in preventing it, in a Dear Colleague Letter:
Title IX prohibits gender-based harassment, which may include acts of verbal,
nonverbal, or physical aggression, intimidation, or hostility based on sex or sexstereotyping, even if those acts do not involve conduct of a sexual nature If a school
knows or reasonably should know about student-on-student harassment that creates a
hostile environment, Title IX requires the school to take immediate action to eliminate the
harassment, prevent its recurrence, and address its effects [emphasis added] (U.S.
Department of Education Office for Civil Rights, 2011).
Removal of Waters. The OUCI (2014) concluded that the activities taking place within the band
fell within the definition of sex discrimination for individuals of both sexes. As an administrator,

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Running Head: HAZING IN HIGHER EDUCATION

Waters had a duty to act on the violation as soon as he knew, or reasonably should have known,
that it was taking place. Waters admitted knowing about the nicknames, the changing on the bus,
and other acts of misconduct. Waters failed to take action to eliminate the harassment
experienced by students, in contradiction to the Title IX requirement. Waters defense was that he
was working to improve the culture and that it was better now than it had been in the past. This
defense did not work, as Title IX required him to act to stop the hostile environment immediately
and prevent its recurrence, and address the effects (U.S. Department of Education Office for
Civil Rights, 2011). Waters employment with the OSU Band was terminated in July of 2014
(Binkley, 2014).
Relevant Policies & Laws
Federal statutes, like Title IX of the Education Act of 1972, and subsequent clarifying
reports, can be applied in any state. Title IX is applicable to any educational institution which
receives federal funds, including funds through federal student loans (20 U. S. C. 1681, 1972),
making it applicable to almost all higher education institutions in the United States.
As covered previously in this paper, individual states have their own anti-hazing laws,
with varying penalties and regulations, but consistent definitions of hazing. The actions of the
OSU Band members in relation to rookie members could easily due considered hazing. Ohio
defines hazing as:
doing any act or coercing another, including the victim, to any act of initiation into
any student or other organization that causes or creates a substantial risk of causing
mental or physical harm to any person (Ohio Rev Code 2903.31, 2013).

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Running Head: HAZING IN HIGHER EDUCATION

The actions of the band members were not likely to be considered to create substantial
risk of physical harm, but could be considered likely to cause mental harm. No charges have
been laid to date.
Ohio State Universitys own Sexual Harassment Policy was also instrumental in the
decision to remove Waters from his position, as the policy defined sexual harassment and stated
that it is not tolerated (The Ohio State University Office of University Compliance and Integrity,
2014). The policy also describes sexual harassment as sexually explicit questions, jokes, or
anecdotes (The Ohio State University Office of University Compliance and Integrity, 2014),
such as the Nicknames and Songbook. Waters was found to have not complied with the policy.
Every institutions has (or should have) their own internal policies governing hazing and
sexual harassment.
George Mason University Policies on Hazing and Sexual Harassment
George Mason University, has policies in place prohibiting Hazing and Sexual
Harassment. Section VIII-15 of the Code of Student Conduct prohibits:
All forms of hazing such as any action taken or situation created, recklessly or
intentionally, to produce mental or physical discomfort, embarrassment, ridicule, or
possibly cause mental or physical harm or injury to any person on or off the University
campus, participants consent is notwithstanding Any actions or activities that do not
contribute to the positive development of a person or an organization; which cause mental
or physical harm; or which subject individuals to harassment, embarrassment, ridicule, or
distress It is possible for hazing to occur before, during and after membership selection
and initiation. (George Mason University Office of Student Conduct, 2014).
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Running Head: HAZING IN HIGHER EDUCATION

The policy also forbids a student to allow themselves to be hazed (George Mason
University Office of Student Conduct, 2014).
George Mason University also has a Non-Discrimination Policy, University Policy 1201,
that provides for:
equal opportunity and an educational and work environment free from any
discrimination on the basis of race, color, religion, national origin, sex, disability, veteran
status, sexual orientation, age, marital status, pregnancy status or genetic information.
(George Mason Univesity, 2008 (Revised 2012)).
The policy also requires all employees to adhere to all applicable state and federal equal
opportunity/affirmative action statutes and regulations and to immediate report any sexual
harassment or potentially discriminatory behavior to the institutions Office of Compliance,
Diversity, and Ethics (George Mason Univesity, 2008 (Revised 2012)).
Implications for Higher Education Professionals
The policies and laws outlined through the two case studies are relevant to any
professional currently working in the field of higher education in the United States.
Most importantly, professionals need to be aware of the anti-hazing statutes that apply to
the institution they are working at. As was exemplified in this paper with the Dante Martin case,
the requirements of the institution and the applicable penalties vary greatly from state to state. A
professional needs to know those laws, as well as their obligations through federal statutes, like
Title IX. A professional also needs to be aware of their institutions policies regarding hazing and
discrimination and how they apply to their position.

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Running Head: HAZING IN HIGHER EDUCATION

Education on the subject is vital. Both students and faculty/staff of the institution need to
be properly educated about hazing: what it is, the laws and internal policies that apply in their
jurisdiction, and what to do when they become aware that hazing is/has taken place. A key
component of knowing what to do is being aware of their duty to act when they become aware,
or reasonably should be aware, that discrimination is taking place, as per Title IX and the OCRs
subsequent clarifications.
This duty to act also relates to hazing. Courts have found that institutions are liable for
injuries that occur due to hazing when the institution is aware that hazing activities are taking
place and the institution does not act to stop the hazing (Furek v. University of Delaware, 1991).
Similarly, the courts absolved Cornell University of any liability in a hazing incident that
resulted in an injury to a student, because the institution had no prior knowledge of hazing
activities within the students organization (Lloyd v. Alpha Phi Alpha Fraternity, 1999).
Awareness is again the key factor, as the duty to act and liability of the institution go up as soon
as they or an employee are aware that the hazing is taking place.
Conclusion
Despite the hazing laws and policies that are in place, hazing continues to occur on
campuses across the country. The recent November, 2014, hazing death of a University of West
Virginia freshman student during a fraternity initiation night exemplifies this (Born, 2014). So
too does the fact that 55% of college students who are members of a club or organization are
expected to experience hazing during their university career (Allan & Madden, 2008).
University administrators need to properly educate themselves and their students about
policies, laws, and hazing prevention strategies. Once they are aware of a hazing situation, they

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Running Head: HAZING IN HIGHER EDUCATION

also must act immediately to stop the hazing, prevent it from reoccurring, and treat the effects, in
order to stay in compliance with federal Title IX regulations, protect themselves and their
institution from civil tort liabilities, and to abide by their institutions policies.
With proper education and effective responses from administrators, Robert Champion
may still be alive today. If administrators can learn from the cases and FAMU and Ohio State,
hopefully no other students will experience Roberts fate.

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Running Head: HAZING IN HIGHER EDUCATION

Works Cited
Allan, E. J., & Madden, M. (2008). Hazing in View: College Students at Risk. Orono, ME:
University of Maine College of Education and Human Development.
Armario, C. (2011, November 29). Julian White, Fired FAMU Band Director Says His Hazing
Warnings Were Ignored. Associated Press. Retrieved from
http://www.huffingtonpost.com/2011/11/29/julian-white-fired-famu-b_n_1118349.html
AZ Rev Stat 15-2301 (through 1st Reg Sess 51st Leg. 2013)
Balona, D. (2012, May 10). FAMU band director Julian White retires unexpectedly. Orlando
Sentinel. Retrieved from Armario, C. (2011, November 29). Julian White, Fired FAMU
Band Director Says His Hazing Warnings Were Ignored. Associated Press. Retrieved
from http://www.huffingtonpost.com/2011/11/29/julian-white-fired-famub_n_1118349.html
Binkley, C. (2014, July 25). Ohio State band director Jonathan Waters may fight firing.
Columbus Dispatch. Retrieved from
http://www.dispatch.com/content/stories/local/2014/07/24/ohio-state-band-waters.html?
utm_medium=twitter&utm_source=twitterfeed
Bluestein, G., & Fineout, G. (2011, December 13). Bria Shante Hunter, FAMU Band Member
Was Beaten So Badly She Broke Her Thigh, 3 Face Charges. Associated Press. Retrieved
from http://www.huffingtonpost.com/2011/12/13/bria-shante-hunter-famub_n_1145562.html
Born, M. (2014, November 20). Six WVU fraternity brothers cited for hazing in connection with
Nov. 6 incident. Pittsburgh Post-Gazette. Retrieved from http://www.postgazette.com/local/region/2014/11/20/Six-WVU-fraternity-brothers-cited-for-hazing-inconnection-with-Nov-6-incident/stories/201411200368
Fineout, G. (2012, July 11). Florida A&M president resigns in wake of scandal. Associated
Press. Retrieved from http://www.washingtontimes.com/news/2012/jul/11/florida-mpresident-resigns-wake-scandal/
FL Stat 768.28-5 (2014)
FL Stat 775.082(4)(a) (2014)
FL Stat 775.082(6)(b)(2)(e) (2014)
FL Stat 1006.135 (2014)
FL Stat 1006.63 (2014)
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Running Head: HAZING IN HIGHER EDUCATION

Florida A&M University. (n.d.). FAMU Marching 100 History Timeline. Retrieved from Florida
Agricultural and Mechanical University: http://www.famu.edu/index.cfm?
marching100&HistoryTimeLine
Florida v. Baskin, 2012-CF-005695-A-O (Circuit Court of the Ninth Judicial Circuit For Orange
County, Florida 2012).
Florida v. Martin, 2012-CF-005695-M-O (Circuit Court of the Ninth Judicial Circuit for Orange
County, Florida 2012).
Furek v. University of Delaware, 594 A.2d 506 (Del.1991)
George Mason University Office of Student Conduct. (2014). GMU Code of Student Conduct
2014-15. Fairfax, VA: Author. Retrieved from http://studentconduct.gmu.edu/wpcontent/uploads/2011/09/2014-2015-Code-of-Student-Conduct.pdf
George Mason Univesity. (2008 (Revised 2012)). University Policy - Non-Discrimination Policy
1201. Fairfax, VA: Author. Retrieved from http://universitypolicy.gmu.edu/policies/nondiscrimination-policy/
Hightower, K. (2013, March 4). 12 charged with manslaughter in FAMU death. Associated
Press. Retrieved from http://bigstory.ap.org/article/12-charged-manslaughter-famu-death
Hightower, K. (2014, October 31). Dante Martin, Ex-FAMU Marching Band Member, Guilty Of
Manslaughter In Hazing Case. Associated Press. Retrieved from
http://www.huffingtonpost.com/2014/10/31/dante-martin-hazing-famumanslaughter_n_6084670.html
Hudak, S. (2014, September 10). Drum major Robert Champion's parents settle with bus
company, driver in FAMU hazing lawsuit. Orlando Sentinel. Retrieved from
http://www.orlandosentinel.com/news/breaking-news/os-famu-hazing-robert-championsettlement-20140910-story.html
Hudak, S., & Haughney, K. (2012, May 17). Two FAMU band members admit hazing female
clarinet player. Orlando Sentinel. Retrieved from
http://articles.orlandosentinel.com/2012-05-17/features/os-famu-hazing-pleas-briahunter-20120517_1_hazing-incident-band-members-campus-police
Kunerth, J., & Balona, D. (2012, February 5). FAMU death: Brutal rituals defied ban, band
members say. Orlando Sentinel. Retrieved from http://www.sun-sentinel.com/os-famuhazing-narrative-20120204-story.html#page=1
Lloyd v. Alpha Phi Alpha Fraternity, 1999 WL 47153 (N.D.N.Y. 1999
Md. CRIMINAL LAW Code Ann. 3-607 (2014)
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Running Head: HAZING IN HIGHER EDUCATION

Ohio Rev Code 2903.31 (2013)
Portman, J. (2013, August 15). Anti-hazing efforts over past 19 months persuaded campus
president to resume performances. USA Today. Retrieved from
http://www.usatoday.com/story/news/nation/2013/06/28/suspension-lifted-famumarching-100-is-back/2471987/
StopHazing. (n.d.). States With Anti-Hazing Laws. Retrieved from
http://www.stophazing.org/laws/states-with-anti-hazing-laws/
The New York Times. (2012, May 22). Witness Interviews in the Robert Champion investigation.
The New York Times. Retrieved from
http://www.nytimes.com/interactive/2012/05/24/us/hazing-interviews-documents.html?
ref=us
The Ohio State University Office of University Compliance and Integrity. (2014). Investigation
Report: Complaint against Jonathan Waters, Director of the OSU Marching Band.
Columbus, OH: Author. Retrieved from http://www.osu.edu/assets/pdf/InvestigationReport.pdf
The OSU Marching Band Culture Task Force. (2014). OSU Marching Band Cultural Assessment
& Administrative Oversight Review. Columbus, OH: Author. Retrieved from
http://www.osu.edu/assets/pdf/Task%20Force%20Report%20Final.pdf
The OSU Marching Band. (n.d.). The Ohio State University Marching Band. Retrieved from
https://osumarchingband.com/osumb/
Title IX of the Educational Amendments of 1972, 20 U.S.C. 1681 (1972)
Trial for remaining defendants in FAMU hazing-death case set to begin. (2014, October 26).
Associated Press. Retrieved from http://www.cbsnews.com/news/trial-for-remainingdefendants-in-famu-hazing-death-case-set-to-begin/
U.S. Department of Education Office for Civil Rights. (2001). Revised Sexual Harassment
Guidance: Harassment of Students by School Employees, Other Students, or Third
Parties. Washington, DC: Author. Retrieved from
http://www2.ed.gov/about/offices/list/ocr/docs/shguide.pdf
U.S. Department of Education Office for Civil Rights. (2011). Dear Colleague Letter, April 4,
2011. Washington, DC: Author. Retrieved from
http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf
VA Code 18.2-11(a) (2014)
VA Code 18.2-56 (2014)
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Running Head: HAZING IN HIGHER EDUCATION

Wilmath, K. (2011, November 23). Latest death evokes night of severe hazing endured by former
FAMU band member. Tampa Bay Times. Retrieved from
http://www.tampabay.com/news/education/college/latest-death-evokes-night-of-severehazing-endured-by-former-famu-band/1203285

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Overall: Excellent
The first written submission rubric factor is Content and, in part, calls for engagement in your
topic. The content of your paper clearly indicates that you are strongly engaged in the papers
theme university hazing especially as evidenced at Florida A&M University (FAMU) and Ohio
State University (OSU). As well you sought to get readers engaged in your discussion. One of
the ways you did this way by employing catchy but not cutesy section headings and subsection titles. In addition to being catchy the headings and titles hearkened to the path on which
the reader was being guided the path in which information was being introduced. For example,
the papers opening heading reads Hazing in Higher Education:Danger Lurks in the Band.
[Emphasis added.] An early example of sub-section titles leading readers along an ordered path
appears on pages three and four, as part of the FAMU discussion. History of Hazing gives the
background on a harrowing, late 1990s hazing event at FAMU. The next sub-section, titled The
University Responds smoothly transitions to the universitys actions in light of the previously
described hazing event. The next section, Hazing Continues, drives home the fact that the
universitys actions did not stop serious injury-producing hazing events. Similar, catchy and
informative not cutesy titles were used to guide the reader through the discussion of FAMU
hazing that resulted in the 2011 death of Robert Champion an individual in line to be a drum
major, and through the discussion of harassment at OSU. Well done!
Your paper avoided both legalese and simplistic or informal language. Your frequently included
citations to items in your reference section but you were careful to provide your discussion in
your own words, rather than overusing quotes to try to make a point.
Your observations/conclusions were logical and on point. For example, you discussed how one
FAMU response to hazing was to require students to sign an anti-hazing pledge. You then related
that one person said that she willingly underwent punishing hazing in order to be accepted
rather than be seen as being lame. From this you make the very logical observation that The
fact that hazing was so engrained in the culture of the band meant that a meeting and a simple
pledge to not haze had little impact on the decisions band members made.
You closed your paper on poignant and highly instructive/cautionary notes. Your final two
sentences read With proper education and effective responses from administrators, Robert
Champion may still be alive today. If administrators can learn from the cases [at] FAMU and
Ohio State, hopefully no other students will experience Roberts fate.
Your paper was in conformance with the APA Style Manual. You had only a few typographical
errors. While not distracting, in the future, we recommend that you have a trusted, cold reader
read your paper before you make your submission.
Dave Mathias
Doctoral Candidate, Higher Education
703.463.1727 (Mobile)

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