Hazing rarely happens in a vacuum. It tends to persist where the adults and organizations in charge either look away or fail to look at all. That is why most hazing claims focus less on the individual members who carried out the abuse and more on the institutions that were supposed to be watching.
Negligent Supervision Is the Usual Starting Point
The legal theory that most often carries a hazing claim is negligent supervision. In practice, though, several theories tend to run together, and which one fits is a question about your specific facts rather than a fixed category.
Claims are generally brought against the school and often a national organization, not only against the person who did the hazing. A national fraternity or sorority can be a defendant alongside the campus chapter and the school.
Why Private Institutions Are Treated Differently
Illinois has Tort Immunity rules that shape how claims against public bodies work. In hazing cases, though, the responsible organization is usually private. When that is true, those rules do not apply in the same way. The liability questions are the ordinary ones any institution faces: what it knew, what it should have known and what it did.
How the Hazing Statute Fits In
Illinois has a specific hazing offense at 720 ILCS 5/12C-50. A person commits hazing by knowingly requiring an act of a student for induction into a group connected with an educational institution, where the institution has not sanctioned the act and it causes bodily harm. It is a Class A misdemeanor, and a Class 4 felony if death or great bodily harm results.
For civil purposes, everything turns on whether the institution sanctioned the act. An organization that knew an initiation practice existed and let it go on has answered that question against itself.
What You Do Not Need
You do not need to have reported the hazing. No police report, charge or conviction is required, and most people who contact us never reported. A civil case uses a lower standard of proof than a criminal case and is usually brought against the institution rather than the individual.
If the hazing happened long ago, that is common in this work. Whether a claim can still be brought depends on your age at the time, who was responsible and the facts.
How We Work With You
Contacting us does not start anything. You speak with a person and do not have to describe what happened. We investigate which institution had a duty, what it knew, what records exist and whether a claim remains possible, all at no cost. We explain your options plainly, and you decide. If you stop, what you told us stays confidential. If you continue, we manage filings, deadlines, records and insurers, and steps can be taken to protect your identity in the court record.
Contact an Illinois Hazing Lawyer
Ervin Nevitt is a partner at Coplan + Crane and was admitted to practice in Illinois in 2014. Calls to (708) 671-6858 are answered 24 hours a day, every day. The office is at 60 W Randolph St, Suite 333, Chicago, IL 60601.
For immediate support, call the RAINN National Sexual Assault Hotline at 1-800-656-4673. It is free, confidential and available around the clock. If you are in immediate danger, call 911. Talking to a hotline does not affect your legal options.
Attorney advertising. This post is general information, not legal advice.
