(Louisiana Illuminator) - State lawmakers have advanced a bill to make it easier for Louisiana colleges and universities to punish individuals and organizations that engage in hazing that ends with death or serious harm.
House Bill 738 by Rep. Dixon McMakin, R-Baton Rouge, was approved Wednesday by the House Education Committee. It would clear up legislation McMakin got approved in 2024 to require schools to abide by a higher standard of evidence in any student discipline case where the punishment is expulsion or at least a 10-day suspension.
Before McMakin’s law took effect, administrators could hold a student responsible if the evidence suggested it was slightly more likely than not that they violated school policy. Even if there was conflicting testimony, a student could be punished if evidence tipped the scale just past the 50% likelihood.
Now universities need clear and convincing evidence, a standard used in some court cases such to prove fraud or terminate parental rights. The higher threshold requires evidence that points to the student’s guilt being substantially more probable than not, and it might require multiple witnesses, photo evidence or other information to firmly convince administrators.
Clearing that bar can be difficult because, unlike in courtroom proceedings, school administrators don’t have as much power to gather evidence. They say the new standard has made it nearly impossible to hold anyone responsible for hazing.
Under McMakin’s new proposal, colleges and universities can use the older, lower standard of evidence when a suspected hazing incident results in death, the substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or the protracted loss or impairment of the use of a limb, organ or mental capacity.
Offenses that do not reach that threshold, even if they result in bodily harm or trauma, would still have to be decided based on the higher standard of evidence.
McMakin said his bill would protect students and their rights. McMakin, a former Kappa Sigma fraternity member and LSU graduate, has taken a highly active role in Greek life issues as an alum. Kappa Sigma’s LSU chapter was under investigation for alleged criminal hazing last fall, WAFB-TV reports, though LSU officials later determined the injury to be accidental.
In a 2022 lawsuit, McMakin sued the university to obtain records for Donald Abels, a former LSU Greek Life official accused of using fake social media profiles in 2019 to entrap underage fraternity recruits in underage drinking. Because no laws were broken, LSU handled the matter internally. Abels, who denied the accusations, faced no repercussions and left the school in 2021.
McMakin has offered his legal services to fraternity members in cases where he believes university officials have gone too far to punish them for hazing allegations.
“As much as I want to punish anyone that is a bad actor, I still think we need to make sure we have accountability measures for the university officials so they don’t get overzealous when they’re punishing students,” McMakin said in an interview.
McMakin said he was aware of numerous incidents in which LSU attempted to punish fraternity members without sufficient or any evidence. He did not provide the names of any organizations or individuals he believed were unfairly persecuted.
McMakin said he believes his bill and the Caleb Wilson Hazing Prevention Act, filed by Rep. Vanessa LaFleur, D-Baton Rouge, will mitigate concerns university officials have expressed about not being able to curtail hazing.
Lawmakers have taken a renewed interest in hazing on college campuses since the death of Wilson, a 20-year-old Southern University student, last year. His was the first hazing-related death in Louisiana since Maxwell Gruver in 2017. Gruver, 18, died after a hazing ritual with his LSU fraternity that involved chugging high-proof alcohol.
One of the students involved, Matthew Naquin, was convicted of negligent homicide in the case. He was sentenced to five years in prison but served only four months. After Gruver’s death, state lawmakers increased penalties for hazing in an attempt to stamp out the practice.
LaFleur’s bill is extensive, implementing a wide range of hazing prevention measures including increased training, immunity measures for students who report suspected hazing incidents and harsher penalties for organizations and schools that don’t follow hazing laws.
