Florida A&M University denies responsibility for drum major Robert Champion's hazing death and insists that the "26 year old grown adult" chose to participate in the hazing ritual that caused his death, according to court documents.
The university filed a motion on Monday night to dismiss Champion's parents' wrongful death lawsuit against the school.
Champion, 26, was a member of the college's famed "Marching 100" band when he collapsed and died Nov. 19 on a bus parked outside an Orlando hotel after a football game.
FAMU claims that the hazing occurred after Champion was "relieved of his responsibilities" as a band member and that Champion signed a "Hazing and Harassment Agreement" months before his death in which he acknowledged understanding the "dangers of participating in hazing, either as a hazer or a hazee."
"It is undisputed that Mr. Champion knew that existence of the danger (hazing) of which Plaintiff now complains, he realized and appreciated the possibility of injuries as a result of such danger, and notwithstanding the opportunity to avoid the danger simply by not showing up at the designated place and time, he deliberately exposed himself to the danger," the motion said.
Joseph Brown III/The Tampa Tribune/AP Photo
The school called the other band members on the bus "Mr. Champion's co-conspirators" and said there was no allegation or evidence that Champion reported the hazing event or tried to stop anyone from participating.
"Florida's sovereign immunity bars Plaintiff's claim against FAMU because Mr. Champion agreed, conspired, combined or confederated with others to do unlawful acts, and encouraged, requested or helped cause others to commit such unlawful acts."
The filing said that even if one assumes that Champion did not commit any crimes in relation to the hazing, he at least "participated as a hazee."
The motion also cites the sworn statement given by band mate Keon Hollis who was also hazed the night of Champion's death.
After Hollis and Champion changed out of their band uniforms and returned to the hotel following the football game, Hollis said Champion asked him if we was going to "cross the bus," which is how they referred to the hazing ritual that took place on a bus.
Hollis said that when he told Champion he was going to participate, Champion "stated to me that he was going to cross as well. I asked him if he were [sic] sure he wanted to do it and he stated, 'Yea, I just want to get it over with.'"
"In the final analysis, neither Mr. Champion, Mr. Hollis, hotel security, nor law enforcement experts...were able to predict or prevent this shocking and depraved hazing incident, and therefore, it would be unfair and illogical to hold FAMU to a different and higher level of omnipotence," the motion states.
The Champions' attorney Christopher Chestnut was not immediately available for comment today.
In July, Champion's parents, Robert and Pamela Champion, filed a lawsuit adding FAMU to a wrongful death suit.
The Champions alleged that the school did not do enough to stop the hazing that was a well-known tradition among the elite marching band.
"Our whole goal here is to make sure no one else has to go through what we've gone through and in order to do that there needs to be some accountability," Pamela Champion said in July.
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