Assignments 14 and 15 were prepared by Mary Kubichek, JD, director of Paralegal Studies at Casper College in Casper, Wyoming. The initial draft of the model answer to each assignment included in the Instructor's Manual was prepared by Ms. Kubichek's students. To: [Your name] From: Supervising Attorney
Re: Wright v. State; liability of State University for battery of student
We represent Joe and Ann Wright, parents of Bob Wright, a freshman at State University of Generic who was living 400 miles from home. Bob lived in Smith Hall, a freshman dormitory. Bob wanted to be involved in school activities. The university supported intramural sports ac-tivities where dorm students competed against other dorm students. Bob was not very athletic and his dorm lost games because of his lack of skill and he often got in the way of his team. After a 0-4 record, Bob's teammates threatened him and told him to quit. Bob notified a counselor at the university. Bob did not quit, and after two more losing games, he was beaten by three teammates. Bob, who is a diabetic, suffered a broken arm, had a fifth of alcohol poured down his throat, and required 40 stitches to his torso. Bob withdrew from the university. Bob's parents and Bob want to sue the college under the following sections of the state statute.
You are only to consider the following statutes. Do not bring in any outside facts or law.
Statutes:
(a) Hazing is denned as follows:
(1)Any willful action taken or situation created, whether on or off any school, college, university, or other educational premises, which recklessly or intentionally endangers the mental or physical health of any student, or
(2)Any willful act on or off any school, college, university, or other educational premises by any person alone or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim, or to do or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution or any assault upon any such students made for the purpose of committing any of the acts, or producing any of the results to such student as defined in this section.
(3)The term hazing as defined in this section does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.
(4)The academic institution, college, university, etc. is liable for hazing if:
(i)it occurred by members of a campus group;
(ii)it had notice.