Collin's Law: Ohio's New Anti-Hazing Act and What It Means for Families Who Lose a Student

Published August 10, 2021 · New Laws

No parent sends a son or daughter to college expecting a phone call that their child has died. Yet Ohio families have received that call after hazing. On July 6, 2021, Governor DeWine signed Senate Bill 126, known as "Collin's Law: The Ohio Anti-Hazing Act." It takes effect on October 7, 2021.

The law is named for Collin Wiant, an Ohio University student who died after a fraternity-related event in 2018. Its passage came months after the death of Stone Foltz, a Bowling Green State University student who died in March 2021 following an alleged hazing incident. The Governor thanked both families before signing. Collin's mother, Kathleen Wiant, said, "Collin, I know you're watching, and I hope we made you proud." Stone's mother, Shari Foltz, called the law a "step in the right direction."

This post explains what the new law changes, based on the Legislative Service Commission's analysis, and how it fits with the civil claims a family may have after a hazing death.

What Collin's Law changes

A broader definition of hazing. Under R.C. 2903.31 as amended, hazing includes acts of initiation into an organization and, now, any act to continue or reinstate membership. The law expressly states that hazing may include coercing someone to consume alcohol or a drug of abuse. The act or coercion must cause or create a substantial risk of causing mental or physical harm. The term "organization" now includes a national or international organization with which a fraternity, sorority, or other group is affiliated.

Tougher penalties. Recklessly participating in or permitting hazing becomes a second degree misdemeanor. Hazing that involves coerced consumption of alcohol or drugs and causes serious physical harm becomes a third degree felony, both for participants and for administrators, employees, faculty members, teachers, consultants, alumni, and volunteers who recklessly permit it.

A duty to report. New R.C. 2903.311 requires those officials, acting in an official and professional capacity, to report known hazing immediately to law enforcement. Reckless failure to report is a crime.

Campus policies, training, and public reports. Every public and private college and university must adopt an anti-hazing policy, post it online, train staff and volunteers who work with student organizations, and require students to complete hazing education before joining an organization. Beginning with the 2022-2023 academic year, schools must post reports of hazing violations.

What the law does not do

Collin's Law states that it does not create a private right of action. In other words, the new campus policy and reporting provisions do not, by themselves, give a family a new kind of lawsuit. The law's main tools are criminal penalties and campus requirements.

That does not leave families without a civil remedy. Ohio already has one.

Ohio's civil hazing statute

For decades, R.C. 2307.44 (in its current form since 1983) has allowed a person who is subjected to hazing to bring a civil action for injury and damages. The statute is unusually broad. A claim may be brought against:

• anyone who participated in the hazing;
• any organization whose local or national directors, trustees, or officers authorized, requested, commanded, or tolerated it, and those individuals;
• when students are involved, any administrator, employee, or faculty member who knew or reasonably should have known of the hazing and did not make reasonable attempts to prevent it; and
• the school, college, or university itself.

Two features matter a great deal. First, the victim's own negligence, consent, or assumption of the risk is not a defense. A fraternity cannot avoid responsibility by arguing that the student agreed to take part. Second, a school has an affirmative defense if it was actively enforcing a policy against hazing when the hazing occurred. Collin's Law now requires every Ohio college to have such a policy. Whether a school was actively enforcing its policy, rather than just having one on paper, may become an important question in future cases.

When a student dies

When hazing takes a life, two kinds of civil claims usually arise:

• The wrongful death claim. Under R.C. 2125.02(A)(1), it is brought by the personal representative of the student's estate for the benefit of the surviving spouse, children, parents, and other next of kin. Parents are presumed to have suffered damages.
• The survival claim. The student's own claims for what he or she suffered before death, which can include a claim under R.C. 2307.44, survive under R.C. 2305.21 and are brought by the estate.

Our guide explains the difference between wrongful death and survival claims and who can bring a claim. A wrongful death action generally must be filed within two years after the death, under R.C. 2125.02(D)(1).

The criminal case and the civil case

Hazing deaths often lead to criminal charges, and Collin's Law will increase the stakes for those cases that arise after it takes effect. A criminal case does not replace the family's civil claim, and the family does not have to wait for a conviction to seek advice. Our chapter on criminal and civil cases explains how they relate, and our post on Ohio's crime victims compensation program describes help that may be available for funeral and counseling costs. For an overview of the law that governs these claims, see Ohio wrongful death law.