Southern University Says Its Not Liable For Hazing Injuries Bandmember Suffered Read
December 11, 2009
Baton Rouge, LA (AHN) - According to court documents Southern University contends it is not liable for injuries a marching band member suffered in 2008 during a hazing incident. The school says he received his injuries off campus and with his consent.
The school also says Marcus Heath signed a contract stating he would not take part in actions deemed hazing and would even report his knowledge of any activity of the kind to administration officials. School officials say Heath did not report any hazing and even disavowed knowledge of it when asked by officials.
Heath and his mother who are suing the state over the incident where Heath and two other freshman bandmates were hit over and over again with 2-by-4 inch boards. The hazing took place off campus in a residence shortly before the 2008 Bayou Classic football game. Court documents say Heath “underwent numerous instances of hazing” and suffered organ failure. Heath and his mother are seeking monetary damages for “pain and suffering.”
According to published reports and arrest records the incident was part of an alleged initiation into the marching band’s unofficial French horn fraternity, “Mellow Phi Fellow.”
Heath and another French horn player were hospitalized following the incident and later released according to law enforcement authorities. Authorities say the third victim removed himself from the hazing before injuries could escalate.
Seven people pleaded no contest to charges of misdemeanor hazing and conspiracy related to the incident. Officials placed them on probation, ordered them to perform 100 hours of community service and had to write essays on the dangers of hazing
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