Penn State Hazing Allegations: Hollow or a Sign of History Repeating Itself?

By: Hannah Rogers*

Background on Hazing

Sororities and fraternities have routinely been in the headlines for subjecting student members to brutal hazing.[1] In fact, 73% of students in a social fraternity or sorority have been subjected to hazing.[2] Unfortunately, despite the prevalence of hazing in social organizations, many assume that hazing does not exist in athletics because initiation rituals are a part of joining a new team.[3] Unfortunately, what many see as a fun ritual in athletics has sometimes deadly consequences.[4] As many as 74% of athletes are hazed on their teams.[5] This should hardly be considered a ritual.[6]

Pennsylvania’s anti-hazing law defines hazing as “intentionally, knowingly, or recklessly . . . causes, coerces or forces a minor or student to . . . [e]ndure brutality of a physical nature . . . of a mental nature . . . of a sexual nature . . . .”[7]

Pennsylvania’s anti-hazing law, also known as the “Timothy J. Piazza law” was named for a young student who died in the midst of fraternity hazing on Penn State’s campus.[8] One part of the law requires Pennsylvania schools to implement preventative and reactive procedures to inform students, parents, and officials of what is happening on campus.”[9] Penn State developed an antihazing policy pursuant to this statute.[10] The policy is identical to Pennsylvania’s statute, which also explicitly states that “reasonable” athletic activities shall not be considered hazing under the statute.[11]

Timeline Surrounding Isaiah Humphries

In April 2019, an anonymous student informed Pennsylvania State University (“Penn State”) about potential misconduct on the football team.[12] When Penn State’s Office of Sexual Misconduct Prevention and Response and Office of Student Conduct performed independent investigations, the Centre County DA decided not to pursue further charges.[13] When Penn State’s office of student conduct received the results, they suspended a player, Damion Barber (“Barber”), for one game because he violated team rules.[14] The exact rule violation is still unclear.[15]

On January 13, 2020, a former football player for Penn State, Isaiah Humphries (“Humphries”), filed a federal civil lawsuit against the university, current football coach James Franklin, and various former teammates.[16] The counts include assault and battery, negligent infliction of emotional distress, intentional infliction of emotional distress, civil conspiracy, and several negligence counts.[17] More specifically, the hazing included players “stating that they intended to make the underclassmen ‘their b***** because this is a prison.’ [Additionally], [t]he participants allegedly referenced former defensive coordinator Jerry Sandusky—who is serving a [thirty] to [sixty] year prison term for sexually abusing children—by saying, ‘I am going to Sandusky you,’” while inappropriately touching Humphries.[18]

Additionally, Humphries alleges that even though he reported the assault to several coaches, none of them took any substantive action by reporting the incidents to the appropriate office.[19] In fact, Humphries alleges that the coaches retaliated against him by “overly and unfairly scrutinize[ing]” his performance, “scorn[ing] and punish[ing]” him, and forcing him to participate in athletic drills that set him up for failure.[20] Because of the hazing, in combination with the lack of support from coaches, Humphries suffered from “physical pain, discomfort, trauma, humiliation, embarrassment, emotional distress, sleeplessness, anxiety, inability to perform simple activities of daily living, depression characterized by feelings of despair, hopelessness, and despondency, some or all of which may be permanent and which may continue indefinitely into the future.”[21]

Due to the coaches’ ignorance of Humphries’ reports, he claims that they failed to comply with their heightened duty of care, which includes, but is not limited to, the obligation to “provide a safe sport environment” and to “prevent prohibited conduct of harassment and hazing by other athletes and coaching staff.”[22] Specifically, the coaches breached both Pennsylvania antihazing law and Penn State’s antihazing policy, and thus, their duty of care, by “permitting the plaintiff to be subject to the prohibited conduct of harassment and hazing from members of the Penn State football team in a blatant disregard of the Pennsylvania State University’s written antihazing policy implemented pursuant to the ‘Pennsylvania Antihazing Law’ . . . .”[23]

Where to Go from Here

Despite the severity of the allegations, members of the close Penn State community are expressing skepticism.[24] Most notable in the arguments against Humphries’ allegations are that he did not come forward with these allegations until nearly six months after he transferred to Cal and, when he did transfer to Cal, he tweeted his thanks and appreciation for the Penn State football program.[25] Unfortunately for Humphries, both the Centre County DA and Penn State agree with the skeptics: there simply is not enough information to substantiate these claims.[26] Only time will tell on which side of the conflict the law and the facts fall.[27]

Whether Humphries finds relief or not, his story flags an important time for the athletic community to consider the consequences to those students who are brave enough to cry for help.[28] A student who is subjected to hazing is likely to suffer from physical, emotional, or mental instability; post-traumatic stress syndrome; sleep deprivation; and erosion of close relationships, to name a few.[29] Further, 95% of students who are hazed do not report it to school authorities.[30] These daunting figures only emphasize the need, not to dismiss Humphries’ case as a publicity ploy, but to consider how many more students need to suffer life-altering consequences before more oversight can be implemented.[31]

*Staff Writer, Jeffrey S. Moorad Sports Law Journal, J.D. Candidate, May 2021, Villanova University Charles Widger School of Law

[1] See Katie Reilly, College Students Keep Dying because of Fraternity Hazing. Why Is It So Hard to Stop?, TIME (Oct. 11, 2017), https://time.com/4976836/fraternity-hazing-deaths-reform-tim-piazza/ (reporting thirty three hazing deaths in last decade alone).

[2] See Elizabeth J. Allan & Mary Madden, Hazing in View: College Students at Risk, Univ. of Me., Coll. of Educ. and Human Dev. 1, 16 (2008), http://www.stophazing.org/wp-content/uploads/2014/06/hazing_in_view_web1.pdf (adding that “alcohol consumption humiliation, isolation, sleep-deprivation, and sex acts are hazing practices common across student groups”). See also Reilly, supra note 1 (discussing possibility of underreporting because students who fear they have done something wrong may be less likely to report hazing conduct).

[3] See Mary Wilfert, Positive Attitudes: Positive Results, NCAA 1, 22 (2007), https://www.ncaa.org/sites/default/files/hazing%20prevention%20handbook%2057315.pdf (discussing common myths associated with athletic initiation procedures).

[4] See id. (distinguishing between initiations, which are spiritual events of inclusion, and hazing, which turns powerless and usually younger students into victims). See, e.g., Darran Simon & Rob Frehse, Parents of Timothy Piazza Reach Settlement with Beta Theta Pi Fraternity after Pledge’s Death, CNN (Dec. 8, 2018, 12:19 AM), https://www.cnn.com/2018/09/05/us/piazza-family-fraternity-settlement-penn-state/index.html (describing slow and preventable death of nineteen year old student).

[5] See Allan & Madden, supra note 2 (demonstrating that athletes are hazed most out of any student organization).

[6] See Wilfert, supra note 3 at 22 (distinguishing clearly hazing and rituals so coaches no longer have excuse to write off dangerous behavior).

[7] 18 PA. Stat. and Cons. Stat. Ann. § 2802(a)(3)-(5) (West 2018) (listing prohibited forced activities as violating federal or state criminal law; consuming dangerous food, alcohol, or drugs; enduring physical brutality; enduring mental brutality; enduring sexual brutality; or enduring  activity that creates likelihood of bodily injury); see Humphries v. Pennsylvania State University, No. 4:20-CV-64 (M.D. Penn. Jan. 13, 2020) (listing relevant hazing statutes that applied to Penn State players and faculty at time of allegations).

[8] See Madeleine Thompson and Sara Ganim, Pennsylvania Governor Signs Anti-Hazing Bill Named for Deceased Penn State Student, CNN (Dec. 8, 2018), https://www.cnn.com/2018/10/19/us/tim-piazza-anti-hazing-bill/index.html (describing necessity of implementing laws like this in Pennsylvania and throughout country); see also Humphries, No. 4:20-CV-64 (describing relevance of anti-hazing statutes to suit at hand).

[9] See Thompson and Ganim, supra note 2 (“This law, when passed, in conjunction with the aggressive safety and related measures the University has implemented, is another step toward our mutual goal to increase student safety on campuses. Penn State has been, and continues to be, committed to addressing this serious national issue . . .”).

[10] See The Code of Conduct, Pa. State Univ. (Aug. 26, 2019), https://studentaffairs.psu.edu/support-safety-conduct/student-conduct/code-conduct (explaining clearly the implications of engaging in hazing). See also Humphries, No. 4:20-CV-64 (noting that “the Pennsylvania State University adopted rules prohibiting students or other persons associated with any organization operating under the sanction of or recognized  as an organization by the University from engaging in any activity which can be described as hazing”).

[11] See 18 PA. Stat. and Cons. Stat. Ann. § 2802(a)(3)-(5), supra note 7 (including military activities in small exemption); see also The Code of Conduct, supra note 10 (using exact language from Pennsylvania’s anti-hazing statute).

[12] See Tom VanHaaren, DA Explains Why No Charges were Filed in Penn State Hazing Case, ESPN (Jan. 16, 2020), https://www.espn.com/college-football/story/_/id/28497874/da-explains-why-no-charges-were-filed-penn-state-hazing-case (demonstrating that investigation was also completed with help of Penn State police); Tom VanHaaren, Former Nittany Lions Player Files Federal Lawsuit against James Franklin, Penn State for Hazing, ESPN (Jan. 14, 2020), https://www.espn.com/college-football/story/_/id/28484451/former-nittany-lions-player-files-federal-lawsuit-james-franklin-penn-state-hazing (noting Steven Marino’s insistence that his client, Isaiah Humphries, is not only student reporting sexual misconduct in Penn State’s athletic program).

[13] See Maddie Aiken, Centre County DA Releases Statement Regarding Penn State Football Lawsuit, Daily Collegian (Jan. 16, 2020), https://www.collegian.psu.edu/news/crime_courts/article_84db4cc6-38ae-11ea-966a-fb1c838d663e.html (quoting DA: “What I mean by that is the evidence to date does not meet the high threshold necessary to file criminal charges and prove them beyond a reasonable doubt . . .”); see also DA Explains Why No Charges were Filed in Penn State Hazing Case, supra 5 (noting that Penn State immediately took advantage of emphasizing DA’s choice not to pursue further investigation).

[14] See Former Nittany Lions Player Files Federal Lawsuit against James Franklin, Penn State for Hazing, supra note 5 (noting that it is still unclear which specific student conduct rule Humphries’ former teammate violated).

[15] See id. (implying that suspension from play for one game is hardly punishment, but noting that claims have yet to be substantiated).

[16] See DA Explains Why No Charges were Filed in Penn State Hazing Case, supra note 5 (providing context for Centre County District Attorney’s (“DA”) eventual refusal to move forward with trial in suit); see also Former Nittany Lions Player Files Federal Lawsuit against James Franklin, Penn State for Hazing, supra note 5 (listing various allegations and people involved in suit against Penn State).

[17] See Humphries v. Pennsylvania State University, No. 4:20-CV-64 (M.D. Penn. Jan. 13, 2020) (noting that Humphries is suing defendants jointly and severally for “damages for loss sustained, plus interest, costs and damages for prejudgment delay . . .”).

[18] DA Explains Why No Charges were Filed in Penn State Hazing Case, supra note 5 (noting that allegations generally include instances where some players on team organized hazing against  lowerclassmen); see also Humphries, No. 4:20-CV-64 (including even more vulgar comments, including “I am going to f*** you.”); Former Nittany Lions Player Files Federal Lawsuit against James Franklin, Penn State for Hazing, supra note 5 (“The actions included wrestling underclassmen to the ground while maintaining restraint, simulating a ‘humping’ action; wrestling underclassmen to the ground while another participant placed his genitals on the face of underclassmen; and instances of the participants placing their genitals on the buttocks of the alleged victims and stroking their genitalia.”).

[19] See Humphries, No. 4:20-CV-64 (adding that Humphries’ father, former Penn State football player, even contacted some coaches to inform them of harassment against his son).

[20] Id. (adding that failed athletic drills were used as justification for not allowing Humphries to play in games); see also Former Nittany Lions Player Files Federal Lawsuit against James Franklin, Penn State for Hazing, supra note 5 (quoting lawsuit in saying that coaches “observed the harassment and hazing which the plaintiff and other lower classmen were being subjected to in the football locker room”).

[21] Humphries, No. 4:20-CV-64 (alleging to have incurred medical expenses because of  aforementioned psychological conditions).

[22] Id. (including prevention of retaliation by coaches and athletes as requirement to meet  heightened duty of care expected of coaches).  

[23] Id. (listing failure to prevent hazing and harassment as breach of heightened duty of care).

[24] See Mike Gross, On Penn State Lawsuit: Sometimes the Hottest Take Is No Take, Lancaster Online (Jan. 19, 2020), https://lancasteronline.com/sports/on-penn-state-lawsuit-sometimes-the-hottest-take-is-no/article_f7322e52-3b10-11ea-b332-1b0c2e105f2a.html (quoting former teammate speaking about Humphries: “This kid absolutely sucks. I was there when he was, and nothing but trouble came from this kid . . . I can assure you that everything that comes out of his mouth is a lie. This dude stinks.”); York Dispatch, In Hazing Lawsuit vs. Penn State Football Program, There’s Cause for Skepticism, The York Dispatch (Jan. 21, 2020), https://www.yorkdispatch.com/story/opinion/editorials/2020/01/21/hazing-lawsuit-vs-penn-state-theres-cause-skepticism/4522864002/ (giving three reasons to look at Humphries’ case with skepticism: Penn State’s investigation could not substantiate claim; many former and current players defended their coaches and teammates; and Humphries’ tweet before he transferred that he was thankful for his time at Penn State).

[25] See Former Nittany Lions Player Files Federal Lawsuit against James Franklin, Penn State for Hazing, supra note 5 (providing period of time between Humphries’ transfer and when his allegations came forward); @TheHumphries23, Twitter (Nov. 28, 2018, 3:29 PM), https://twitter.com/TheHumphries23/status/1067878070785359873?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1067878070785359873&
ref_url=https%3A%2F%2Ffox43.com%2F2020%2F01%2F14%2Fformer-penn-state-football-player-accuses-ex-teammates-of-hazing-coach-james-franklin-of-retaliating-against-him-in-federal-lawsuit%2F (“After many months of prayer and thought, I will be leaving Penn State. I’m so thankful for the coaches and the staff for allowing me to come here all the way from Texas. I have made many friends here that I will dearly miss and it’s going to be hard to leave them here.”); see generally Former Penn State Football Player Accuses Ex-Teammates of Hazing, Coach James Franklin of Retaliating against Him in a Federal Lawsuit, Fox 43 News (Jan. 145, 2020, 12:39 PM), https://fox43.com/2020/01/14/former-penn-state-football-player-accuses-ex-teammates-of-hazing-coach-james-franklin-of-retaliating-against-him-in-federal-lawsuit/ (providing background information on context surrounding suit).

[26] See Mike Persak, Lawsuit Alleges Penn State Players Took Part in Graphic Hazing, Franklin Ignored Complaints, Pittsburgh Post-Gazette (Jan. 14, 2020, 2:05 PM), https://www.post-gazette.com/sports/psu/2020/01/14/penn-state-football-hazing-isaiah-humphries-james-franklin/stories/202001140110 (explaining that neither Penn State’s investigations nor an independent investigation could substantiate claims); Former Nittany Lions Player Files Federal Lawsuit against James Franklin, Penn State for Hazing, supra note 5 (noting emphasis placed on lack of substantive evidence surrounding Humphries’ claims).

[27] For further discussion on the conflicting sides of the story, see supra notes 5-19 and accompanying text.

[28] See Hazing and Its Consequences, Hazing Prevention, https://hazingprevention.org/home/hazing/hazing-and-its-consequences/ (last visited Feb. 4, 2020) (demonstrating that hazing affects victims, institutions, and hazers involved).

[29] See id. (adding that about 71% of those hazed suffer negative consequences).

[30] See 95% of Students Don’t Report Hazing, Safe Colleges, https://www.safecolleges.com/95-of-students-dont-report-hazing/ (last visited Feb. 4, 2020) (listing other important statistics, like noting that 25% of students think their coaches or advisors knew of behavior).

[31] For further discussion on Humphries’ case and the impact of hazing, see supra notes 12-30 and accompanying text.