The basics
Can I sue a fraternity for hazing in Arizona?
Yes, in many cases. A civil claim can be brought against the people involved and, depending on the facts, the chapter, the national organization, hosts and property owners, and in some cases the school. A civil claim does not need an arrest or a conviction.
What counts as hazing under Arizona law?
Hazing is causing, pressuring or forcing a minor or student to go through certain acts to join, stay in or move up in a group. The acts include sexual humiliation, severe mental distress, forced drinking or eating of something dangerous, restraint or serious sleep deprivation, and physical brutality such as beatings, paddling or extreme exercise. Doing it recklessly is enough (A.R.S. § 13-1215(A)).
What is Jack's Law?
Jack's Law is the 2022 Arizona law, House Bill 2322, that made hazing a crime. It is named for Jack Culolias, an Arizona State University student who died in 2012. Hazing is a class 1 misdemeanor, and a class 4 felony if it causes a death. Planning or helping with hazing is a separate offense (A.R.S. §§ 13-1215, 13-1216). The law took effect on September 24, 2022.
Does Arizona's hazing law cover high school students and teams?
Yes. It covers groups whose members are mostly current or former high school or college students, including athletic teams, bands, spirit groups and clubs (A.R.S. § 13-1215(G)). Reasonable and customary athletic training is not hazing (A.R.S. § 13-1215(B)).
Does it matter that I went along with it?
Going along with it isn't agreeing. Arizona's criminal hazing statute says consent is not a defense (A.R.S. § 13-1215(E)), and every public school, community college and university must adopt a hazing policy that says the same (A.R.S. § 15-2301).
It happened off campus. Does that matter?
Not under the criminal law. Section 13-1215 defines hazing by its purpose, which is joining or staying in a group, and not by where it happens. Federal law also requires colleges to report findings against student groups wherever the conduct took place (Stop Campus Hazing Act, Pub. L. 118-173).
Alcohol was involved. Does that change anything?
It can. Forcing someone to drink alcohol that poses a substantial risk of harm is listed as hazing (A.R.S. § 13-1215(A)). The Arizona Supreme Court has held that people who are not licensed to sell alcohol can be responsible when they negligently give it to someone under 21, in a case about a University of Arizona fraternity party (Estate of Hernandez v. Arizona Board of Regents, 177 Ariz. 244 (1994)). A host who serves an adult is generally protected (A.R.S. § 4-301).
There is a police case. How is that different from a civil claim?
In a criminal case the state must prove guilt beyond a reasonable doubt. A civil claim is brought by the student or family, and has to show the claim is more probably true than not. The two can go forward separately.
My son or daughter is over 18. Does the law still apply?
Yes. The crime covers any minor or student, with no age limit for students (A.R.S. § 13-1215(A)). Arizona treats anyone 18 or older as an adult (A.R.S. § 1-215), so the adult student usually brings an injury claim. Family members can still help gather documents and join calls if the student wants them to.
Is a university finding the same as a court judgment?
No. A university finding is a public record of what the school found about a student organization, and when. It is not a court judgment, and a claim does not depend on one. See what Arizona universities have published.
Deadlines and public universities
How long do I have?
Two years for most personal-injury claims (A.R.S. § 12-542). Claims against a public university start much sooner: a notice of claim is due within 180 days (A.R.S. § 12-821.01), and the lawsuit within one year (A.R.S. § 12-821). When the clock starts depends on the facts, and different rules can apply to minors.
The student is under 18. Do deadlines work differently?
Often, yes. For most injury claims, time while a person is under 18 does not count toward the deadline (A.R.S. § 12-502). For a claim against a public school or university, a person who was a minor has 180 days after turning 18 to file the notice of claim (A.R.S. § 12-821.01(D)). A parent's own claims may follow different timing, so it helps to ask early.
What has to be in a claim against a public school or university?
Before suing, you must file a written notice of claim with the person allowed to accept legal papers for the school. It must give enough facts to show why the school may be responsible, and state a specific amount that would settle the claim, with facts that support it (A.R.S. § 12-821.01(A)). If the school does not answer in writing within 60 days, the claim is treated as denied (A.R.S. § 12-821.01(E)).
The hazing involved sexual abuse. Are the deadlines different?
Sexual humiliation, forced nudity and sexual acts are listed as hazing (A.R.S. § 13-1215(A)). If the survivor was under 18 when it happened, Arizona allows certain civil claims until 12 years after their 18th birthday (A.R.S. § 12-514). Whether a given act qualifies depends on the facts. For adult survivors, the usual two-year deadline generally applies.
Our child died. Can our family bring a claim?
Yes, when the child could have sued had they lived (A.R.S. § 12-611). A surviving spouse, child or parent, or the estate's personal representative can bring it, and either parent may bring a claim for a child's death (A.R.S. § 12-612). The deadline is generally two years from the date of death (A.R.S. § 12-542). A shorter deadline applies if a public school or university is involved.
Evidence and next steps
The injury wasn't severe. Is it still worth a call?
Yes. A short call can help you find out where you stand.
Am I in trouble for calling?
No. You're not in trouble for calling, and you're not overreacting. You decide what you share and when.
Could someone get in trouble for calling 911 during a hazing emergency?
Arizona protects people who get help. Someone who takes a student to a hospital or campus security, or who reports the emergency in good faith, cannot be charged with hazing based only on evidence that came from seeking help. The person has to give their name and location, stay with the student and cooperate with responders (A.R.S. § 13-1215(C)).
Does it cost anything to ask?
There is no cost to ask. Call us and we will tell you whether this is something we can help with.
What should I save right now?
Group chats, photos and videos, texts, names, and a written timeline. Back it up somewhere else, and don't delete anything. Our 48-hour checklist has the full list.
Some messages were deleted. Is the case over?
Not necessarily. Tell a lawyer what is missing, because copies may exist with other people. Arizona courts expect everyone in a lawsuit, including the other side, to keep evidence once a case is reasonably expected, and a judge can sanction a side that fails to keep electronic records (Ariz. R. Civ. P. 37(g)).
Do hospital bills and medical records matter?
Yes. Arizona's standard jury instruction lists reasonable expenses for necessary medical care, past and future, among the damages a jury considers, along with pain, emotional distress, lost earnings and loss of enjoyment of life. Keep bills, records and discharge papers.
More: your rights after hazing in Arizona, what counts as hazing, who can be responsible, what universities have published, and the 48-hour checklist.