Washington State University is obligated to protect students from harm foreseeably caused by fraternity hazing, the state Supreme Court ruled Thursday.
The decision arises from a case brought by the parents of Sam Martinez, a 19-year-old WSU freshman who died in 2019 after consuming most of a half-gallon bottle of rum with another student during a pledging event for Gamma Chi, a local chapter of the national Alpha Tau Omega fraternity. He became unconscious within hours, and no one called for medical help until the next morning. His family’s advocacy after his death led to several laws targeting hazing at the state and federal level.
The 5-4 ruling is the first of its kind from any state supreme court, establishing that a university can owe students a legal “duty of care” arising from its relationship with fraternities, according to attorneys representing Martinez’s family. Courts often dismiss hazing cases because universities argue that Greek life organizations operate independently, particularly when incidents occurred at off-campus fraternity houses.
It's a shot across the bow for every university deciding whether it wants to partner in such an intimate way with fraternities, said Jonathon Fazzola from Fierberg National Law Group, one of the firms representing the family.
The current legal battle rested on whether the case should be allowed to go to trial. In 2022, a King County Superior Court judge ruled WSU had no duty of care and dismissed the suit. But the appellate court and now the state’s highest court have decided the case warrants a trial.
That means the case will now be heard by a jury for the first time.
“For six years, we’ve waited for the chance to tell Sam’s story to the jury,” said Jolayne Houtz, Martinez’s mother, in response to the ruling. “It’s a big win, no doubt.”
The case, which has zigzagged through courts for six years, stems from a 2020 suit filed by Martinez’s parents, who argue that WSU, along with the fraternity and others, bore responsibility for a pattern of hazing that led to their son’s death. They say the university knew of previous dangerous incidents associated with Gamma Chi. Months before Martinez died, the fraternity’s president sought guidance from university administrators because its off-campus house was putting the organization at risk, according to the suit.
Justices said the “duty of care” stems from the “special relationship” the university has with fraternities and sororities, evidenced by the university’s promotion of Greek life and activities in student recruitment, its sponsorship and endorsement of Greek life events and residences both on- and off-campus, and the agreements the university and national Greek organizations have entered into, according to the ruling.
“It should surprise no one that a house run by young men and full of other young men, many away from home for the first time in their lives, is fertile ground for abusing alcohol and engaging in dangerous initiation rituals,” the ruling’s conclusion states. “It was certainly no surprise to WSU.”
The majority opinion was authored by Justice Salvador A. Mungia and joined by Justices Debra L. Stephens, Steven C. González, G. Helen Whitener and Mary I. Yu.
The dissent was written by Justice Barbara A. Madsen and joined by Justices Charles W. Johnson, Sheryl Gordon McCloud and Tracy A. Staab, who disagreed with the majority’s conclusion that the university had a “special relationship” with fraternities. They argued that legal distinction is generally reserved for more intimate relationships, such as between individuals, not organizations in a business arrangement.
A spokesperson for WSU did not immediately return a request for comment. In court filings, the university argued it can’t control what students do off-campus, and it can only discipline its affiliated student groups after the fact for violating contract terms. Greek life organizations operate independently of the college, the university argued.
The case is expected to cause ripple effects for schools here and across the country. Courts will now look to this ruling as an example when considering similar cases.
“When you have knowledge, and you have control, you have a duty,” said Becky Roe, an attorney for Schroeter Goldmark & Bender, another firm representing the Martinez family. “That’s a common principle of law that hasn’t been adopted in this area before. That’s what I hope is the lasting legacy of the legal opinion.”
Martinez’s parents and their attorneys hope the case will prompt universities to take a more active role in enforcing anti-hazing policies. WSU, for example, could have alerted families and revoked its housing agreement with Gamma Chi in response to hazing incidents that predated Martinez’s death.
In the immediate aftermath of Martinez’s death, WSU terminated Gamma Chi’s recognition through May 2026, and the national Alpha Tau Omega later revoked Gamma Chi’s charter in response to the fatal hazing incident, the ruling notes.
The ruling comes amid growing scrutiny of hazing nationwide and a wave of new laws aimed at increasing transparency and accountability, prompted in part by Martinez’s story.
In Washington, Martinez’s parents helped pass “Sam’s Law” in 2022, which expanded the definition of hazing and required colleges to publicly report hazing investigations and provide prevention education. The next year, lawmakers strengthened penalties for hazing-related offenses.
At the federal level, Congress passed the Stop Campus Hazing Act in late 2024, mandating that colleges disclose hazing incidents and implement prevention programs, an effort also fueled in part by Martinez’s family. Advocates say laws are intended to address a longstanding lack of data and transparency around hazing, which has made it difficult to track patterns or hold institutions accountable.
Even with those reforms, hazing incidents continue to surface. Using the data gleaned from these public reports, Houtz (Martinez's mother) created a comprehensive database compiling all hazing incidents from colleges around the country.
Since Martinez’s death in 2019, Washington State University has reported more than 40 violations related to hazing, alcohol, drugs, sexual or physical assault among its student organizations. Last year, it severed ties with a fraternity after an investigation found coercion, alcohol abuse and physical harm tied to hazing activities.
By comparison, University of Washington has reported 35 incidents since 2022, the earliest year data was available. Western Washington University reported one incident, connected to the women’s lacrosse team, in the last five years. Central Washington University reported none.
A jury will decide whether WSU was ultimately responsible for Martinez’s death. Within 30 days, the case will be sent back to trial court, where the process will start all over again.
“This will never bring Sam back,” Houtz said. “We lost everything when we lost Sam, but it sure feels right to do this work in his name and to protect others.”
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