Tuesday, September 11, 2012

FAMU: No blame in drum major's death

  • Florida A&M University: Robert Champion died after willingly participating in "unlawful" hazing
  • Many of his "co-conspirators" are facing criminal prosecution, the school said
  • Attorney says Champion's family is shocked and FAMU ignored hazing for decades
  • School has taken steps to fight hazing, wants lawsuit against it dropped

(CNN) -- Florida A&M University has asked a judge to drop a lawsuit against it, saying the school bears no responsibility for the hazing death of a 26-year-old drum major last year.

Robert Champion, 26, was well aware of what he was getting into and participated in a hazing ritual despite school rules against it, the university says in court documents filed Monday evening.

Champion watched or at least heard two other students -- one female, one male -- undergoing hazing on a bus before he did, and there is "no allegation or evidence" that he attempted to stop the process before being hazed himself, the motion says.

"Instead, Mr. Champion allowed himself to be subjected to an act of hazing known as a 'hot seat,' during which he allowed his adult body to be deprived of oxygen, punched, kicked and hit with objects," the court documents say.

FAMU alumni: Wait for 'due process'
New documents in FAMU hazing death
Student: FAMU suspension 'good start'

Champion's injuries "arose from his participation in unlawful acts of hazing," so the school cannot be held legally liable, it argued.

Champion died in November 2011 after his beating on a bus in Orlando, Florida, after a football game at which the school's famed marching band performed.

The ritual, called "Crossing Bus C," was an initiation in which pledges try to run down a bus's center aisle while being assaulted by senior members, according to some university band members.

Fourteen people since have been charged in the case. They include 11 facing one count apiece of third-degree felony hazing resulting in death and two counts each of first-degree misdemeanor hazing. Three others each face a single count of misdemeanor first-degree hazing.

In July, Champion's parents filed a lawsuit against the school's board of trustees, the company that owns the bus in which the abuse occurred and the driver of the bus.

The family lambasted the school Tuesday for denying responsibility.

"The Champion family is shocked at the defense FAMU has chosen in the brutal hazing death of Robert Champion," family attorney Christopher Chestnut said. "We simply cannot ignore the audacity of an institution that blames students for their own deaths, yet for decades ignored the hazing epidemic occurring within its own walls."

In its court filing, FAMU noted that many of Champion's "co-conspirators are now under criminal prosecution for felony hazing, yet Plaintiff has not asserted any civil claims against any of Mr. Champion's identified hazers."

FAMU trustees and school officials have taken numerous steps to strengthen rules against hazing since Champion's death, including crafting a plan that sets up an independent panel of experts to investigate hazing allegations.

FAMU is creating two jobs: a special assistant to the president on hazing and music compliance officer. About 60 people have applied for each position.

The band was suspended through the 2012-13 school year. The band's longtime director retired, and the university's president stepped down.

The school also launched a new website, StopHazingatFAMU.com.

But accusations of hazing at the school haven't ended.

Last week, the Torque Dance Team was suspended after a parent anonymously reported that hazing had occurred at an off-campus event over Labor Day weekend, the school said in a statement.

The all-female dance team allegedly conducted hazing involving alcohol consumption and "running up hills," university spokeswoman Sharon Saunders said.

CNN's Josh Levs, Greg Botelho and George Howell contributed to this report.