Many people who were hazed do not speak up for a long time. Some needed years to name what happened. Others assumed it was too late, or that without a police report there was nothing to be done. If you are in that position, you are far from alone. Late claims are the norm in this kind of work, not the exception.
Time Is Only One Factor
Whether a hazing claim can still be filed is not answered by the calendar alone. It depends on how old you were when it happened, who was responsible for you and the particular facts of your case. Those details are worth a careful look before anyone tells you the window has closed.
No Report, No Charge, No Conviction Required
A civil claim does not require that you ever reported the hazing. It does not require a criminal charge or a conviction either. Most of the people we speak with never reported at all. Civil cases use a lower standard of proof than criminal ones, and they are usually brought against an institution rather than the individual who did the hazing. The questions are what the school, and often a national organization, knew, what it should have known and what it did.
The Illinois Hazing Statute
Illinois treats hazing as its own offense under 720 ILCS 5/12C-50. A person commits hazing by knowingly requiring a student to perform an act for induction into a group connected with an educational institution, where the institution has not sanctioned the act and it results in bodily harm. The offense is a Class A misdemeanor. When death or great bodily harm results, it becomes a Class 4 felony.
The word "sanctioned" is what matters most in a civil case. If an organization knew an initiation practice existed and let it continue, it has answered that question against itself. A national fraternity or sorority can be a defendant along with the campus chapter and the school.
Who the Claim Targets
Hazing abuse claims are typically brought against the school and often a national organization, rather than only the individual. Negligent supervision is the theory that most often carries these cases, though several theories usually work together. Which one fits turns on your facts.
The responsible body is usually a private organization. That means the Tort Immunity rules that limit claims against Illinois public bodies do not apply in the same way, and the liability questions are the ordinary institutional ones.
Reaching Out Commits You to Nothing
You will speak with a person, not fill out a form, and you do not have to describe what happened to start. We look into which institution had a duty, what it knew, what records still exist and whether a claim can be brought. That costs you nothing. We tell you plainly what is possible, and you decide. If you stop there, your information stays confidential. If you go ahead, we handle filings, deadlines, records and the institution's insurers, and steps can be taken to protect your identity in the court record.
Speak With Ervin Nevitt
Ervin Nevitt is a partner at Coplan + Crane and was admitted in Illinois in 2014. Calls to (708) 671-6858 are answered 24 hours a day, every day. The office is at 60 W Randolph St, Suite 333, Chicago, IL 60601.
If you need support right now, RAINN's National Sexual Assault Hotline is free and confidential at 1-800-656-4673, any hour. If you are in immediate danger, call 911.
Attorney advertising. This post is general information, not legal advice.
