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It鈥檚 Hazing Season On College Campuses. State Safeguards Are Uneven

Nearly every state now has an anti-hazing law, but enforcement and penalties vary widely.

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Max Gruver spent the early morning hours of Sept. 14, 2017, heavily intoxicated and passed out on a couch inside the Phi Delta Theta chapter house at Louisiana State University.

He had been forced to repeatedly chug 190-proof Diesel liquor in a hazing ritual called 鈥淏ible Study,鈥 during which pledges are quizzed on fraternity facts. The incident caused Gruver, a freshman majoring in political communications, to inhale his own vomit into his lungs.

By the time fraternity members finally sought medical aid the next morning, Gruver鈥檚 pulse was weak and they couldn鈥檛 tell if he was breathing. Gruver鈥檚 blood alcohol level was .495, more than six times Louisiana鈥檚 legal driving limit, when he died from what an concluded was 鈥渁cute alcohol intoxication with aspiration.鈥 He was 18.

As college students begin a new semester this fall, many will participate in rituals to bring in new members of a Greek fraternity or sorority, a sports team or other club. Sometimes, the initiations involve heavy alcohol use or physical assaults. Although awareness of hazing and its dangers has grown significantly, it still happens.

In June, New Mexico State University agreed to pay $8 million to settle a lawsuit over hazing allegations in the men鈥檚 basketball program. Democratic Gov. Michelle Lujan Grisham said she will be introducing anti-hazing and abuse legislation next year. In July, Northwestern University fired its head football coach after an found widespread hazing on the team. And Boston College its swim and dive team this month following hazing allegations.

At least 44 states and the District of Columbia have anti-hazing laws in place, most recently Ohio in 2021 and Pennsylvania in 2018. Kentucky and Washington strengthened their laws this past legislative session. Six states 鈥 Alaska, Hawaii, Montana, New Mexico, South Dakota and Wyoming 鈥 have none, according to StopHazing, an anti-hazing advocacy and research organization.

But state anti-hazing laws, most of which were approved in the past 15 years, differ in their definitions and the criminal penalties they impose. Depending on the state, participating in hazing activities may result in a fine, misdemeanor charge or a felony charge if the hazing results in serious bodily harm or death.

Some experts and anti-hazing advocates say the penalties in some states aren鈥檛 harsh enough to deter organizations from participating in hazing. And even in states that have laws, incidents like the one that left Max Gruver dead don鈥檛 necessarily lead to serious criminal charges.

Four former LSU students and ex-members of Phi Delta Theta were indicted in connection with Gruver鈥檚 death. Three of them faced misdemeanor hazing charges, while the fourth faced a felony charge of negligent homicide. The university also banned Phi Delta Theta from its campus until at least 2033.

A mother and her son.
Max Gruver, right, and his mother, Rae Ann Gruver, embrace. Max died in 2017 after a hazing ritual inside the Phi Delta Theta chapter house at Louisiana State University. (Rae Ann Gruver)

Gruver鈥檚 parents 鈥 Rae Ann and Stephen Gruver 鈥 pressed for stiffer penalties for hazing, prompting Louisiana to enact the  in 2018, which made hazing that results in serious bodily harm or death a felony; introduced a statewide definition of hazing; and mandated that hazing incidents and disciplinary actions taken against members of student groups be reported to the respective host institutions.

鈥淚t鈥檚 unfortunate that with the death of our son 鈥 it took that to get Louisiana to change their laws,鈥 Stephen Gruver told Stateline. 鈥淚t鈥檚 something that can be prevented; this never should have happened to our son.鈥

Since then, the Gruvers, along with parents of other hazing victims, have advocated for stricter state and federal penalties for hazing and greater transparency when such incidents occur.

鈥淚f you don’t have a strong enough law, it鈥檚 not a deterrent for these kids and they鈥檙e just going to keep on being bad actors because they just don鈥檛 care,鈥 Stephen Gruver said.

Hazing鈥檚 wide reach

Hazing, a practice rooted in tradition and camaraderie, has long been a controversial and pervasive issue on college campuses. While hazing incidents have garnered significant national attention over the past decade, the earliest account of hazing is believed to date back to the fourth century 鈥 when Plato observed young boys playing 鈥減ractical jokes鈥 on other students in school, according to a written by journalist and anti-hazing advocate Hank Nuwer. The first anti-hazing law in the United States was enacted in New York in 1894.

In the U.S., more than 280 people allegedly have died due to hazing since 1838, according to the . The database is maintained by Nuwer. Hazing deaths are not currently tracked by any U.S. government entity.

In 2017, the year of Gruver鈥檚 death, at least six other young adults also died a result of alleged hazing activities. Between 2018 and 2021, at least 23 people allegedly died due to hazing activities. No hazing deaths were reported in 2022.

According to a by two University of Maine professors, more than half of college students involved with student organizations experience hazing, which often involves 鈥渁lcohol consumption, humiliation, isolation, sleep-deprivation, and sex acts.鈥 The study, which is considered the most comprehensive analysis of hazing in the United States, also found that about 47% of students come to college having already experienced hazing.

鈥淗azing is prevalent throughout society. It鈥檚 not just a college thing. It鈥檚 really seen anywhere that there鈥檚 a differing power dynamic,鈥 Todd Shelton, the executive director of the Hazing Prevention Network, told Stateline. Hazing appears in settings such as high schools, other student groups, the military and professional workplaces.

In many states, hazing carries misdemeanor charges 鈥 a fact that some advocates argue does little to effectively deter hazing incidents.

鈥淲here hazing is a minor misdemeanor, it鈥檚 not taken seriously by law enforcement because it鈥檚 not worth the effort to prosecute,鈥 Shelton said. 鈥淥ne of the biggest hurdles is getting the penalty or statute to match the seriousness of the crime.鈥

In Kentucky, was signed into law in March, increasing the penalty for hazing that leads to death or serious physical injury to a Class D felony, by up to five years in prison. Reckless participation in hazing can result in a misdemeanor.

And in Washington state, the , which was passed unanimously and signed into law in May, makes hazing a gross misdemeanor instead of a misdemeanor; if the hazing results in substantial bodily harm, it rises to a felony. The law bumps up penalties for hazing from a maximum of 90 days to up to a year 鈥 and up to five years for the felony charge.

Washington became the 15th state to elevate hazing to a felony if it causes severe injury or death.

鈥淔or the first time we鈥檙e talking about hazing in a very real way. There鈥檚 been a culture of secrecy, in my view, of hazing for many, many years,鈥 Rep. Mari Leavitt, a Democrat who wrote the bill, said in an interview with Stateline. 鈥淪tudents will recognize that there is a pretty significant consequence for choosing to behave in these barbaric activities and it can change the trajectory of their lives.鈥

The new law follows the passage of in 2022, named after the same student, which updated the definition of hazing and required universities and colleges, as well as fraternity and sorority chapters, to make hazing investigation records public.

鈥淭he more that people are aware, and willing to talk about it and willing to report what they see, that will start to change that culture of secrecy to something that holds people accountable and also is transparent in terms of what鈥檚 happening across states,鈥 Leavitt said.

Anti-hazing movement

In 15 states, a major weakness in the anti-hazing law, according to , is the absence of a 鈥渃onsent clause,鈥 which asserts that an individual鈥檚 willingness to participate in potentially hazardous actions 鈥 as when a student agrees to a certain activity 鈥 does not protect those involved from hazing charges. Some anti-hazing laws explicitly spell out that consent is not a defense.

鈥淭he consent clause 鈥 is really important in terms of documenting hazing and having policy be really effective,鈥 said Elizabeth Allan, the principal of StopHazing and a professor of higher education at the University of Maine. Allan co-wrote the 2008 national study on hazing.

Advocacy groups also have been pushing for national anti-hazing legislation to establish uniform definitions and penalties.

Proposed federal legislation, originally known as the Report and Educate About Campus Hazing Act, or REACH Act, was initially introduced in Congress in 2021. This year, it is set to be reintroduced under a new name, the Stop Campus Hazing Act. The legislation encompasses a range of transparency and prevention measures, including mandatory public reporting of hazing incidents and the implementation of comprehensive prevention programs.

鈥淗azing is often underreported, underrecognized and it鈥檚 really not being taken as seriously as it should be given the harmful impact that it has on individuals and communities,鈥 said Jessica Mertz, the executive director of the Clery Center, a nonprofit dedicated to promoting campus safety.

Among Greek fraternities and sororities, discussions around cracking down on hazing have gained momentum. Still, critics argue that most state anti-hazing laws should impose tougher penalties on national Greek life organizations and institutions, rather than individuals.

鈥淎s a founding member of the Anti-Hazing Coalition, the North American Interfraternity Conference and our member fraternities advocate for stronger federal and state hazing laws to increase criminal penalties and provide greater transparency to hold individuals accountable when found to be involved in hazing,鈥 Judson Horras, CEO of the North American Interfraternity Conference, said in a statement.

鈥淲hile in this partnership, we have seen stronger state laws passed in over a dozen states and are encouraged by the introduction of the bipartisan Stop Campus Hazing Act in the 118th Congress last week,鈥 the statement said.

A by a Penn State University professor and published in the Journal of College and University Law underscores this argument. Law professor Justin J. Swofford argues that for legislation to be most effective in deterring future hazing injuries and deaths, there must be greater criminal and civil penalties imposed on both schools and fraternities.

However, some voices within the Greek life community question whether genuine change is achievable. Lucy Taylor, who disaffiliated from Alpha Phi at the University of Maryland and hosts 鈥,鈥 a podcast exploring Greek life, suggests that change within Greek organizations can often appear performative.

These initiatives may encompass disciplinary committees, mandatory anti-hazing programs or even the hiring of security teams, Taylor said.

鈥淭hey make it seem like change is happening, but those things that they鈥檙e doing to create change don’t actually have any power. If they wanted hazing to be gone, it would have been gone years ago,鈥 Taylor said. 鈥淭hey don鈥檛 do anything or they don鈥檛 do what they鈥檙e intended to do, and the hazing culture just becomes even more secret.

鈥淭he more secret it becomes, the worse it gets.鈥

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on and .

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