Greek life, the system of social organizations of fraternities and sororities at universities, has secured a longstanding place in university social culture, with roots dating back to the founding of our nation. Although fraternities and sororities operate across the country, the impact of Greek life is prominently felt in Alabama, which hosts the largest sorority system in the country. Alabama college life further cemented its place in popular culture with the rise of #BamaRushTok, a social media trend centered around The University of Alabama’s sorority rush. The virality of Alabama rush pushed Greek life into the national consciousness, compounded by the 2023 release of HBO’s “Bama Rush” documentary. While the social allure of Greek life inspires thousands of students to participate each year, participation in and proximity to these organizations and attendance at organization events can lead to unexpected injury and legal consequences.
One of the offenses most commonly associated with fraternities and sororities is hazing. The Alabama Code of 1975 specifically prohibits hazing under §16-1-23, which classifies hazing as a Class C misdemeanor, punishable by up to three months in jail and up to $500 in fines. In Alabama, the definition of hazing includes any willful act which recklessly or intentionally endangers the mental or physical health of a student, including acts of physical violence. Hazing charges encompass assistance, encouragement, and other indirect participation alongside direct action. Notably, hazing can occur on or off campus. Further, the statute permits educational institutions to revoke public funding, scholarships, awards, and approval granted by the school to any club or organization associated with a hazing offense. While Alabama has dedicated its own statute to hazing, the statute acknowledges other crimes that can be encompassed by hazing, including assault and murder.
In states without hazing statutes, police have found alternate ways to charge and punish hazing. Late last year, Dartmouth College charged the Alpha Phi sorority and two members of the Beta Alpha Omega fraternity after a fraternity member died following an off-campus party. At the party, the 20-year-old student was served alcohol, reaching a blood alcohol level of .167 before several party attendees suggested swimming in the river. The student, whom family members noted could not swim, drowned. While initial charges were linked to the facilitation of alcohol to underage persons, police suspected that the tragic incident was connected to hazing.
The tragedy at Dartmouth is not an isolated incident and instead reflects a broader pattern of unforeseen consequences to fraternity and sorority partying. In 2021, students at four different universities, Virginia Commonwealth University, Bowling Green State University, University of Kentucky, and Michigan State University, passed away as a direct result of alcohol intoxication. In two of the incidents, the victims, fraternity pledges, were expressly told to consume dangerous amounts of alcohol. One of the victims, when hospitalized, was found to have a blood alcohol content of 0.394—nearly five times the legal limit. While the loss associated with hazing offenses is, at times, insurmountable, victims of hazing have a recognized path to relief through the legal system.
While many incidents involving Greek organizations relate directly to the members, victims from outside of the organizations are able to seek relief when appropriate. When an attendee of a fraternity event is physically assaulted, for example, both the fraternity and individual members may be liable, giving the victim multiple options for relief. In Kappa Sigma Fraternity v. Price-Williams, 40 So. 3d 683 (Ala. 2009), the plaintiff was assaulted while visiting a party hosted by the defendant fraternity. He brought suit against the national fraternity, the chapter, and the individual perpetrators, claiming that his assailants were acting as agents of the fraternity. The fraternity acknowledged liability by way of settlement, which the Supreme Court of Alabama enforced. Further, the Court allowed the plaintiff to maintain his claims against individual members of the fraternity, solidifying the legitimacy of the plaintiff’s claim for relief.
Greek life offers many opportunities for students to get involved on campus, make friends, and participate in community service initiatives. These benefits, however, do not immunize Greek organizations or their members from liability when they cause injury. If you have been injured in connection with a fraternity or sorority, whether it be through hazing, assault, underage drinking, or other means, it is important to contact an experienced attorney who can help you seek relief.
If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case in the Northern District of Alabama, Middle District of Alabama, Southern District of Alabama, or any federal jurisdiction in the Eleventh Circuit, including Alabama, Florida, and Georgia, contact Joe Ingram or Ingram Law LLC at 205-825-LAWS.
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