Washington Passes the “Sam Martinez Stop Hazing Law”

Tarik Terry,1 Fraternal Law Partners, tarik.terry@manleyburke.com

On May 1, 2023, the state of Washington passed the “Sam Martinez Stop Hazing Law,” making hazing a felony.

This newly enacted law adds to Washington’s comprehensive anti-hazing legislation known as “Sam’s Law” enacted in 2021. “Sam’s Law” was previously discussed in the June 2022 and November 2022 editions of this Newsletter.[1]

The “Sam Martinez Stop Hazing Law”’ reclassifies hazing under the state’s criminal law. Washington law now proscribes any person at any university or other post-secondary educational institution in the state from intentionally hazing another.[2] When hazing occurs that does not result in substantial bodily harm, violators will be charged with a gross misdemeanor.[3] A gross misdemeanor is punishable by less than one-year imprisonment and a fine not to exceed five thousand ($5,000.00) dollars.[4] By contrast, any hazing that results in substantial bodily harm is a “Class C-felony” punishable by up to five years’ imprisonment or a fine not to exceed ten thousand ($10,000.00) dollars, or both.[5]

Moreover, the law makes comprehensive changes to other portions of the state’s legislative code. Hazing will soon be considered harassment, which, for example, allows a judge to enter a no-contact or restraining order.[6] Additionally, hazing is also considered a crime against a person, which subjects the crime to different guidelines such as when prosecution should be pursued and elevated requirements for victim notification.

As many readers will recall, Sam Martinez attended Washington State University where he began the new member process with the former Alpha Tau Omega Chapter of Washington State. Sam died from alcohol poisoning after being hazed during a “big brother” event. Several members of the chapter were indicted and charged in Martinez’s death primarily for furnishing liquor to a minor.

However, only one of the members involved in Martinez’s death faced any jail time, and that sentence was just nineteen (19) days long. Further, the county prosecutor was unable to charge anyone with simple misdemeanor hazing because the one-year statute of limitations had expired. Thus, this newly enacted law’s heightened punishments serve two functions. First, the newly enacted law increases the penalty for hazing to a gross misdemeanor, which has a two-year statute of limitations.[7] Second, the law creates a new felony that allows a judge to sentence violators to significant jail time when their hazing results in substantial bodily harm.

Washington joins the majority of states that have enacted legislation defining, criminalizing, or heightening hazing punishments.[8] Specifically, Ohio, New Jersey, Pennsylvania, Texas, Florida, Louisiana, and Virginia have all passed legislation enhancing criminal consequences for hazing.[9] Washington’s new law is more limited than others, as the law only criminalizes intentional hazing, rather than a person’s reckless conduct resulting in hazing.[10]

While it is important to note that hazing is not exclusive to fraternities and sororities, hazing continues to be the greatest threat to the existence of all fraternal organizations. Washington’s new law intends to deter students from participating in hazing activities and severely punish those who choose to haze. The fraternity and sorority industry at large continues to support laws such as this, which work to fully eradicate hazing from the Greek system.

1    Stephen R. Bernstein, Sam Martinez Hazing Death: Sam’s Law and its Impact on Greek Organizations, 177 Fraternal L. 3 (Nov. 2022); Timothy M. Burke, Hazing Legislation and Case Updates, 175 Fraternal L. 1 (June 2022).

[2]   Wash. Rev. Code §§ 28B.10.901(1); 28B.10.900 (defining hazing).

[3]   Wash. Rev. Code § 28B.10.901(2)(a).

[4]   See Wash. Rev. Code § 9A.20.021(2).

[5]   See Wash. Rev. Code §§ 28B.10.901(2)(b) (noting punishment for hazing resulting in substantial bodily harm); 9A.20.020(c) (defining punishment for a class c felony). See Wash. Rev. Code § 9A.42.010(3)(b) (defining substantial bodily harm).

[6]   See Wash. Rev. Code § 9A.46.060(39) (noting hazing, among other crimes, will be considered harassment).

[7]   See Wash. Rev. Code § 9A.04.080(j) (establishing the statute of limitations for gross misdemeanors).

[8] States with Anti-Hazing Laws, StopHazing.org, https://stophazing.org/policy/state-laws/ (last visited Jun. 20, 2023).

[9]  See Tim Burke, NIC Responds to 60 MINUTES Story, 172 Fraternal L. 1 (Nov. 2021).

[10] See Ohio Rev. Code § 2903.31 (requiring at least reckless conduct resulting in hazing to violate); N.J.S.A. 2C:40-3(b) (necessitating at least reckless conduct resulting in hazing to violate); Tex. Code Ann. Edu. § 37.151 (requiring reckless conduct and making hazing resulting in death a felony); F.S.A. § 1006.63; 18 Pa. C.S. § 2802; La. Rev. Stat. § 14:40.8 (requiring at least reckless conduct for a hazing act). Virginia recently passed S.B. 440, which requires at least reckless conduct and makes hazing resulting in substantial bodily harm a Class 5 felony.

1 Tarik Terry is a law clerk at Manley Burke and is a rising third-year law student at the University of Memphis.