OLYMPIA, Wash – The family of a Washington State University student who died during a fraternity hazing incident wants the university to be liable for his death.
19-year-old Sam Martinez died from alcohol poisoning during an off-campus Alpha Tau Omega fraternity event in 2019.
His death led to the creation of Sam’s Law, which requires Washington universities to put anti-hazing rules and education in place.
Martinez’s family sued WSU, saying the university had a duty to protect him.
The case was dismissed, but the Martinez family appealed.
The Washington Court of Appeals sided with the family saying, “Because WSU has a special relationship with recognized fraternal organizations, we conclude that it owed a duty to reasonable care to control the fraternity and protect Sam from foreseeable harms and fraternal hazing and alcohol misuse.”
The case is now before the Washington Supreme Court.
The Court heard arguments Thursday in Olympia.
Attorneys representing WSU say previously decided case law determined that the university isn’t responsible for students when they are not on campus or are not engaging in school-sponsored activities.
The attorneys representing the Martinez estate disagree saying WSU promotes fraternities and sororities and therefor, the university’s duty to protect students extends there.
“In 2013, when the university created its own task force, it acknowledged the critical role that parents play in the safety of their children when they enter the university environment,” argued attorney Valerie Davis Mcomie. “It also acknowledged the ‘red zone’ that period when freshmen enter the university, and they are at greatest risk of danger and harm.”
“If the University had taken that information and provided complete information to parents when they come in, and not as Sam’s mother recognized, painted a rosy picture of what fraternities and sororities look like, then parents would have complete information to make informed choices about the safety of their children,” she concluded.
A decision in the case likely won’t come for at least a few months.
You can watch the full arguments at this link.
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