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State, university hazing policies reveal pitfalls and loopholes

By Lynn Hatter

http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-995518.mp3

Tallahassee, FL – The criminal investigation into the death of a Florida A & M University Drum major due to possible hazing continues. The incident has damaged the brand of one of the most visible university marching bands in the nation. Now, as law enforcement agencies and the university try to sort out what happened to Robert Champion, Lynn Hatter reports the blame game is emerging, with different groups pointing fingers at each other.

The fallout from Robert Champion's death has been immediate. Longtime university band director Julian White has been fired. Florida A & M has convened a task force to investigate hazing within the band and even the university system governing board is getting involved. But there is one question that no one has been able to fully answer: who knew what, and when?

In a press conference earlier this week, White said he's been informing university officials of hazing incidents for more than a decade, but he's received little follow-up.

"Sometimes I feel as though I'm out there by myself. If strong actions had been taken then Robert Champion may be alive now."

Prior to Champion's death, White suspended 26 members from the band over hazing allegations. Documents provided by White's attorney show the band director forwarded the suspension notices to top university officials, including President James Ammons. But Ammons says he didn't get those notices until AFTER the suspensions happened.

"Before they were suspended I saw an email that I was copied on, that led to the investigations and the suspensions. At the time the email was sent, the students had already been referred to the judicial process."

White, a self-described records keeper, says he has suspended more than 100 members of the band within the last decade alone. And according to documents, those suspensions span at least three different university administrations. Each suspension notice was also sent to FAMU's police department. Police Chief Calvin Ross says that's when his department starts up an investigation process.

"They interview witnesses, they interview potential suspects or the victims, and try to establish probable cause for criminal prosecution. IF there is an identified victim and suspect, and a victim who is willing to participate, that information is sent to judicial affairs if we're not able to get probable cause for prosecution."

But sometimes a student hazing happens off-campus. In that case FAMU PD's hands are tied, and the reports goes to the Tallahassee Police Department. According to spokesman David Northway, TPD does follow up on those reports, when it can.

"They may initially report a crime to FAMU police department, and then when the police department starts to looks at the map they see you live on city property and not FAMU property. So we need to call the Tallahassee Police department, and then the police department would be called and contacted and take over the investigation."

TPD is currently investigating another band-related hazing case that happened at an off campus apartment complex. In that case, a victim has emerged. But FAMU Police Chief Calvin Ross says getting a victim to come forward is NOT a common occurrence.

"If there are no identified victims, and in many cases that's the case. We found that the cooperation for our victims is not forthcoming therefore you are very seldom able to move forward criminally, and that's also the case judicially."

According to state law, both the hazer, AND the haze-ee can be prosecuted, which creates a dis-incentive for people to come forward. And, with no witnesses, and no victims, many investigations into hazing end with no action being taken.

So, after a suspension has taken place, and an investigation has turned up no evidence and therefore no charges, what happens next? In some instances, White, who is contesting his firing from the university, says he has allowed some of the same people he kicked out the band, back in.

"If an individual is found not guilty and sometimes I have made an exception and the student just I believe in the character of the student, I have allowed the student to come back. 98-percent of the students who were given a second chance did well. They've graduated, they're band directors now and are successful in life but a very small percentage, the second chance didn't help."

That leaves the two-percent. And the cycle of hazing has continued despite what university President James Ammons says has been the university's best efforts to curb the problem.

"We have done everything we can think of. Education, meeting with students, meeting with staff, holding workshops and it still happened."

The university also makes all students participating in campus activities sign a statement saying they will not participate in hazing activities.

Meanwhile, the investigation into exactly how drum major Robert Champion died continues. A preliminary autopsy was inconclusive. His family is planning a lawsuit against the university.