ILNews

Fraternity pledge loses appeal involving alleged hazing incident

Back to TopCommentsE-mailPrintBookmark and Share

Two Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”

Brian Yost sued Wabash College, his fraternity Phi Kappa Psi, the fraternity’s national chapter, and fraternity brother Nathan Cravens for personal and mental injuries he sustained in an incident at the house. Yost and his fraternity pledge brothers wanted to throw an upperclassman brother into a near by creek, which is called “creeking,” to celebrate his 21st birthday. After being unsuccessful, four upperclassman brothers decided to carry Yost to the shower and run water on him, which is called “showering.” When to perform both activities is explained in the pledge handbook. This incident of “showering” was spontaneous.

While trying to “shower” Yost, Cravens placed Yost in a chokehold, causing him to lose consciousness. The other brothers dropped Yost’s body on the floor. The incident led to Yost eventually withdrawing from college.  

The trial court granted Wabash College and the Phi Kappa Psi defendants’ motions for summary judgment, which Judges Terry Crone and Cale Bradford affirmed. Summary judgment was not entered for Cravens, and he is not participating in the appeal in Brian Yost v. Wabash College, Phi Kappa Psi Fraternity, Inc., Phi Kappa Psi Fraternity - Indiana Gamma Chapter at Wabash College, and Nathan Cravens, 54A01-1201-CT-31.

Yost maintained the incident surrounding his injuries was hazing and those defendants turned a blind eye and owed him a duty of reasonable care. The majority opinion noted that no Indiana court has specifically addressed liability for university and fraternities based on allegations of injuries stemming from an incident involving hazing.

But the majority found that this incident did not amount to hazing under Indiana’s criminal anti-hazing law or other foreseeable criminal conduct, and that the activities that night were impromptu and not keeping with the parameters specified in the pledge manual.

“We agree that a college cannot simply turn a blind eye to inherently dangerous activities on its campus; neither can a fraternity ignore such activities within its walls. Nevertheless, we reiterate that such institutions/organizations are not guarantors or insurers of their adult student-members’ safety, and we reject the notion that all fraternities should be impugned based on the activities of a few,” Crone wrote for the majority, which found that the defendants did not breach any duty owed to Yost.

In her dissent, Vaidik found genuine issue of material fact regarding whether Wabash and the Phi Psi local chapter owed Yost a duty of care, and whether the events of that night constituted criminal hazing that were reasonably foreseeable to Wabash.

She noted since the early 2000s, there have been 15 reported instances of hazing that Wabash was aware of and took action on – three of which directly involved the Phi Psi house.

“All said, I believe that the designated facts could reasonably lead a trier of fact to conclude that hazing occurred here—hazing that both Phi Psi and Wabash had a duty to stop yet ignored,” she wrote.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT