A&M barred from punishing group over hazing

[LXAAlum]

By EVAN MOORE
Copyright 2004 Houston Chronicle
A state district judge has stopped Texas A&M from punishing 72 cadets over a hazing incident and ordered the school to redo investigative hearings if it seeks any further disciplinary action.

Judge Richard W.B. Davis of Bryan found the school violated the students' due process rights and issued a permanent injunction against the school late Monday.

The order came after 23 students sued the school last summer.

Those 23 and 49 others were all members of Parsons Mounted Cavalry, an elite part of the Corps of Cadets that drills on horseback and is responsible for hauling the school cannon to and from events.

The cavalry has long carried on a tradition of juniors administering "swats" with ax handles to the buttocks of sophomores. After such an incident in October 2002, however, school officials began interrogating sophomores.

The case was reported to Brazos County Attorney Jim Kuboviak, who hauled 27 of the sophomores before a grand jury, where they were forced to identify the juniors who "swatted" them. The county attorney's investigation ended with no action.

But the school threatened actions against the students ranging from reprimands to expulsion and began hearings for the cavalry members.

Those hearings were halted when the suit was filed, claiming the hearings were a form of "kangaroo court" and the students were forced to incriminate themselves and given no chance for defense.

The investigation of the hazing incident began after a senior reported the "swattings." Cavalry members were questioned by school administrators and forced to sign an oath of secrecy, vowing not to speak about the matter.

The disciplinary hearings did not begin until well into the spring semester, and the accused were allowed little or no time to review the charges against them.

In addition, the students were forbidden to speak to others -- including their attorneys -- and the panels that judged them included investigators who had worked on their cases.

Those elements and others violated due process, said Davis.

"The proceedings ... violated the plaintiffs right to `due course of law' under the Texas Constitution," wrote the judge in his ruling.

"Texas A&M University will have to `redo' the disciplinary hearings for those cadets it seeks to discipline."

A school spokesman said Tuesday that administrators had no comment on the ruling and no decision had been reached on whether to appeal Davis' action.

"I guess we won 90 percent of it," said Paul Breedlove, whose son, Barret, was one of the juniors who faced expulsion. "It's a moral victory at least. I think we're vindicated."

Ron Hole, a McAllen attorney who filed the suit and whose son was among those who faced disciplinary action, was not as pleased.

"It's sort of a slap on the wrist," said Hole. "It shows (the school) violated their rights, but there's nothing to prevent them from doing it again, and none of the parents will have the time or money to fight them all over again."

The suit sought no monetary compensation.

Hole and others also pointed out that if A&M appeals, many if not all of the cadets will have graduated before the process is complete, probably rendering the appeals decision moot.

[Tom Earp]

Ah, LXAAlum thanks for putting this up! Kind of kept quiet hey?

If it were Greeks, hell would have been on National News!

Sounds like these Moroons will skate! Da Corp is hard to beat?

Ah, what a difference a name makes!

[hoosier]

I wish more of our chapters would use lawyers - perhaps lawyer alumns - to fight the dean and the school's PC police.

Here in GA. the UGA was upset about a sorority accused by a member of discrimination, and promised 'hell to pay' or worse.

The sorority's lawyer pointed out a few discriminatory things the dean and the school were sponsoring (like separate rush periods for black and white sororities), and suddenly the 'hell to pay' became peace offerings and 'we're sorry'.

We hate hazing and discrimination, of course, but we can choose our friends and our members any way we want (at least until the next democrat gets elected). Hazing shold be punished, but the only punishment can't be a chapter's death.

[FSUZeta]

could sue in civil court if the judge won't allow the university to punish those guilty of hazing? any of our greek lawyers out there that can answer this?

[Tom Earp]

For those that dont know, Tx A & M is one of the Primary Schools for teaching Military Officers along with The Citadel, VMI, and West Point. Their Programs are geared to certain aspects for the US Military!

They are considered Ring Knochers just if they come out of West Point or any other Academy as We know them. So, who is going to mess with them and the Money that is given by us the tax payers to train these young men/women!?
You figure that one out and maybe you will understand! Rights and Privligase of Rank!