OLYMPIA, Wash. — The Washington State Supreme Court held a hearing Thursday regarding the death of a Washington State University freshman who died during a hazing incident and whether the university can be held liable for his death.
Sam Martinez died of alcohol poisoning during a hazing incident at his fraternity, Alpha Tau Omega.
According to the hearing, the university is petitioning the court to reverse a . The appellate court’s decision overturned an earlier ruling that the school was not responsible.
.
“And this was part of the bargain in 2013…. The task force was saying, we can’t allow first year fraternity, first-year pledges to be in fraternities. It’s too dangerous. It is too risky. The fraternities opposed that. And the deal that was struck and said that were are going to have tight preventative conditions over this situation,” said Rebecca Jane Roe, a counsel for the Martinez family.
“Barely 20 months ago, and after lengthy deliberation, this court issued the opinion of Barlow versus State, where it held that because a university has no ability to control the off-campus private conduct of adult students, the university does not owe a duty to students off-campus and non-school sponsored activities,” said counsel for WSU Nicholas Ulrich.
Barlow refers to Barlow v. State, a case in which a student alleged that a university was negligent for failing to protect her from being raped by a fellow student, who had prior complaints of sexual misconduct, at an off-campus party.
The court in that case determined that a university’s duty applies within the confines of the campus or at university-controlled events and is based on a student’s enrollment and presence on campus. The court did not extend this duty to off-campus situations or those not under the university’s control. Therefore, the court concluded that the university was not liable for the plaintiff’s off-campus assault.
Martinez’s parents have been vocal about the need for accountability following their son’s death. .
Fifteen people were initially charged in connection with Martinez’s death. His family reached an undisclosed settlement with the fraternity.
It is unknown when the state Supreme Court may issue its ruling.
