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Fraternity pledge loses appeal involving alleged hazing incident

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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.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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