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The Max Gruver Foundation Seeks to Bring Change to Hazing

On September 13, 2017, Max Gruver and his pledge brothers were called to the Phi Delta Theta fraternity house at LSU to participate in a hazing ritual. The pledges were quizzed on the fraternity and the Greek alphabet, pelted with hot sauce and mustard and forced to do “planks” and “wall sits.”[1] Wrong answers to the older fraternity brothers’ questions were met with the penalty of being forced to chug hard liquor. Max’s pledge brother could hear him messing up the Greek alphabet and a member of Phi Delta Theta making him drink repeatedly.

Sadly, Max would not survive the hazing by his fraternity. He passed away at Our Lady of the Lake Hospital with an astounding blood alcohol content of .495, more than six times the legal intoxication level for driving. An autopsy showed Max died of “acute alcohol intoxication with aspiration.” It became clear that the actions of Phi Delta Theta fraternity brothers contributed to Max’s passing. Ten of the fraternity members would later be arrested and charged criminally. One would be indicted by a grand jury for negligent homicide and three would be indicted for hazing.[2]

Max’s family has suffered an unexpected tragedy. However, they are seeking to produce positive changes from their loss, so that no other family must endure a similar experience. They created the Max Gruver Foundation to combat excessive alcohol consumption, bullying, and hazing in college.[3]  The Max Gruver Foundation hopes to strengthen the laws across the country pertaining to hazing, as well as implement regulations colleges should be enforcing.  

A primary goal of the foundation is to increase transparency, making fraternities and sororities disclose hazing incidents, excessive drinking, or penalties they’ve received. The hope is that these disclosures would permit parents and prospective members to make informed decisions while choosing a fraternity or sorority. If they see a long history of violations, they can choose to steer clear of that organization. The Max Gruver Foundation believes transparency and negative attention would cause Greek organizations to avoid engaging in bad behavior.

The Max Gruver Foundation also seeks to solve a critical dilemma often facing fraternity members. When illicit behavior results in a medical emergency, fear of getting in trouble produces a hesitance to get help. A delay in seeking medical attention could be the difference between life and death. Thus, the Foundation hopes to bridge the gap between serious legal consequences for wrongdoing and amnesty for doing the right thing by seeking help.

The advocacy of Max’s family has spurred the Louisiana legislature to take action. In May of 2018, Governor John Bel Edwards signed the Max Gruver Act and a set of anti-hazing bills into law.[4] This legislation has increased penalties and fines for individuals engaged in hazing, as well as created fines for the organizations themselves.

The criminal justice system is currently prosecuting the individuals responsible for Max’s death. Max’s family has also filed a suit against the university and Phi Delta Theta for turning a blind eye to violations and hazing incidents for years.[5]  Max’s family is hopeful these actions will result in significant changes to this culture and protect future college students. The Cazayoux Ewing Law Firm is proud to represent the Gruver family and seek justice for Max.

To carry forward Max Gruver’s legacy and promote positive changes to our laws, schools, and Greek organizations, please donate to the Max Gruver Foundation here.

 


[1] https://www.nbcnews.com/storyline/hazing-in-america/ten-arrested-lsu-phi-delta-theta-fraternity-hazing-death-n809806

[2] https://www.nola.com/crime/index.ssf/2018/03/4_indicted_in_lsu_hazing_death.html

[3] https://www.theadvocate.com/baton_rouge/news/education/article_0d3063f6-e74c-11e7-bf2e-8bb41204414b.html

[4] https://www.theadvocate.com/baton_rouge/news/politics/legislature/article_7648a0c0-64e1-11e8-8074-dff7f1422134.html

[5] https://www.theadvocate.com/baton_rouge/news/courts/article_d93cd6e4-a189-11e8-9e61-438d3a74eb1f.html


Family Alleges University and Frat Ignored Known Hazing Traditions that Resulted in Son’s Death

Baton Rouge, La.,  August 16, 2018 – Today, the parents of Maxwell (Max) Gruver, the Louisiana State University (LSU) freshman who tragically died from alcohol poisoning as a result of hazing in 2017, filed a federal lawsuit against LSU, the local and national chapters of Phi Delta Theta, the housing corporation that owns Phi Delta Theta’s fraternity house at LSU, and members of the fraternity.  Max’s parents allege the hazing ritual that caused his death would never have taken place if LSU or Phi Delta Theta had responded appropriately to numerous complaints of hazing at Phi Delta Theta’s chapter at LSU in the years before Max’s death.

The Gruver family alleges in their lawsuit that LSU’s and Phi Delta Theta’s failure to end the tradition of hazing at the chapter was driven by a broken model of self-governance and outdated gender stereotypes about young men engaging in masculine rites of passage — in direct violation of Title IX’s prohibition of sex discrimination.  According to the family’s Complaint, because of LSU’s policy and practice of treating the hazing of male students less seriously than the hazing of female students, males participating in Greek Life face serious and substantial risks of injury and death, while female students pledging sororities do not.  LSU’s policy and practice meant that a sorority accused of hazing its pledges by making them sing songs and do sit-ups and putting whipped cream, syrup and eggs in their hair was given “Total Probation” by LSU – the most severe sanction LSU can impose, short of rescinding its recognition of the sorority – while Phi Delt’s chapter, which admitted to hazing in 2016, was only placed on interim suspension for a month.

“We refuse to accept that the events that caused Max’s death can be explained away as ‘boys being boys,’” said Mr. and Mrs. Gruver in a statement.  “That notion is deeply offensive and wrong-headed. LSU and Phi Delt knew dangerous hazing was taking place at Phi Delt’s LSU chapter for years, yet they continued to allow the chapter and its members to investigate and police themselves. This inaction allowed dangerous hazing traditions at the chapter to persist.  We’ve lost Max as result of those hazing traditions, and his loss has created a devastating impact that reaches not just us, but Max’s siblings, family, friends, and all who knew him.  Until institutions and national fraternities begin treating the hazing of young men as the serious offense that is, with real consequences for members and local chapters that engage in it, hazing and other dangerous misconduct at fraternities will continue.  And each year, more families like ours will have to suffer through these horrific tragedies.”

“Every year, and for decades, young men have died or suffered traumatic injuries pledging fraternities that are dangerous, yet glowingly promoted with false and misleading information by the partnerships between fraternities and universities,” said Douglas Fierberg, legal counsel for the Gruver family.  “A central purpose of this lawsuit is to compel LSU, Phi Delta Theta and other universities to eliminate dangerous hazing traditions, end the killing of young men, and stop lying to students and families who have the right to know information that may save lives.”

To learn more about this case and the Gruver’s fight to stop hazing, please visit The Max Gruver Foundation.

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