Background: The Gamma Chi fraternity house at Washington State University (KING/YouTube). Inset: Sam Martinez (Gordie Center at the University of Virginia).
The highest court in Washington state has ruled that a university can be held liable for the death of a 19-year-old college freshman who was allegedly hazed until he died from alcohol poisoning.
In a 5-4 ruling, the Washington Supreme Court ruled that Washington State University (WSU) owed Sam Martinez “a duty of care” because of its “special relationship” with the fraternity where the student was when he died.
The decision allows a lawsuit brought by Martinez’s family to move forward.
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The story began in the spring of 2019, when Martinez and his parents visited WSU “for prospective student orientation weekend,” according to the ruling. He and other prospective students were recruited by WSU’s Gamma Chi fraternity, and Martinez pledged to join.
However, according to the student’s parents, “WSU did not provide information to Sam’s parents about Gamma Chi’s history of allowing underage drinking and hazing its members.” His father said that if he had known, “he would not have allowed Sam to pledge to that fraternity.”
During Martinez’s first semester, Gamma Chi held its annual “Big-Little” night, “where underclassmen are put into their ‘Greek family,’ or initiated at an off-campus event,” according to the ruling. On Nov. 11, 2019, pledges were paired with their upperclassman counterpart and “expected to share an alcoholic drink that their ‘big brother’ brought.”
By the following morning, Martinez was dead.
“Martinez and another pledge were allegedly ordered to finish a half-gallon of rum between them, and his blood-alcohol content was measured at 0.372% after his death, nearly five times the legal limit,” the Fierberg National Law Group recounted in a press release. “Pullman Police originally ruled out hazing, but later rescinded that statement following witness interviews. The coroner later ruled Martinez died accidentally from acute alcohol intoxication and said 911 was not called until four hours after he died.”
Martinez’s family filed a lawsuit against the university, alleging that the school knew about fraternities’ alleged practice of hazing and should have taken steps to avoid it. Jolayne Houtz, Martinez’s mother, said they are eager to share his full story in front of a jury.
“Sam’s death reshaped everything about our family and our future, and I stand in the shadow of that every day,” she told regional CBS affiliate KREM. “They knew this fraternity had a track record of hazing and assault and alcohol misuse and other misconduct. They knew that at the highest leadership levels at Washington State University, and they didn’t tell anyone.”
WSU has maintained that what fraternities do at off-campus events is out of their hands. A trial court found this argument convincing, ruling that WSU “did not owe any duty to Sam.”
However, an appeals court reversed this decision, and when it was then sent to the state’s highest court, the Washington Supreme Court ruled that the lawsuit can continue.
“If fraternities remained separate from the university, WSU would not have control over fraternities and instead student activities at fraternity houses and fraternity functions would be free of university control,” the latest decision stated. “But that is not the case.”
“WSU and the Greek system have concluded that they both benefit by entering into a relationship,” the state’s high court went on. “A fraternity, when it enters into an agreement with the university, receives the benefit of university recognition. University recognition brings a host of benefits to the fraternity,” and the university benefits, too, such as from the fraternity “housing first-year students.”
Martinez’s parents have worked in honor of their son to push for anti-hazing legislation, resulting in the passage of “Sam’s Law” in 2022.
“We’re talking about this right as school is going to start again,” Houtz told the TV station. “It’s so important to raise awareness of these issues and to protect young people from harm and from death.”
It is unclear when the jury trial will begin.
The post ‘They knew’: University can be held accountable for student’s hazing death after he was given a half gallon of rum, state supreme court rules first appeared on Law & Crime.
