Bill that would criminalize hazing, created after UK frat member’s death, going to governor

A bill that would make hazing a crime in Kentucky passed out of the House of Representatives Wednesday and will now go to Gov. Andy Beshear’s desk.

Intentionally or wantonly engaging in hazing if it results in death or serious physical injury to a minor or a student would be a Class D felony, punishable for up to five years in prison, under Senate Bill 9. It would also be a Class A misdemeanor to recklessly engage in hazing, punishable by up to a year in jail.

The bill passed 96-3 Wednesday.

The bill passed out of the Senate at the end of February, and a House committee this week. It is named “Lofton’s Law” after University of Kentucky student Thomas “Lofton” Hazelwood died of alcohol toxicity in 2021. Hazelwood’s family has called on legislators to pass the bill, saying it had the potential to save the lives of other students.

“The passage of this legislation is a win not just for the Hazelwood family, but for all Kentuckians,” said Sen. Robby Mills, R-Henderson, the primary sponsor of the bill. “I want to thank Tracy and Kirk Hazelwood for their tireless work on this legislation. Without their efforts, this legislation may not have come to fruition. They remain in our prayers as they deal with the grief of losing their son.”

Hazelwood’s family, from Henderson, was in attendance Wednesday as the bill was passed.

“Nobody should be subjected to any form of hazing,” Mills said. “By elevating the charges, with the potential to be charged with a class D felony, the bill will serve as a major deterrent and make people think twice.”

Rep. Jonathan Dixon, R-Henderson, said fraternities and sororities could have positive impacts on a student’s college experience, but stricter penalties were needed for hazing.

“Our intent is to save lives,” Dixon said.

Hazelwood was an 18-year-old freshman when he was found unresponsive in the FarmHouse Fraternity house on Oct. 18, 2021. He drank approximately 18 one-ounce shots of Wild Turkey 101 bourbon within 45 minutes. On the night he died, his blood alcohol concentration was 0.354, more than four times the legal limit.

The bill defines hazing as any actions that endanger the mental or physical health of minors or students for the purpose of recruiting them into an organization or promoting them within an organization. It includes, but isn’t limited to, violations of criminal law; consuming alcohol, tobacco or food in a dangerous manner; physical brutality, such as whipping, beating or branding; exposure to the elements; sexual brutality; personal servitude; or sleep deprivation.

The bill offers a few exemptions, including “reasonable and customary” acts that are part of athletic training or sporting events, law enforcement training or military training.

While investigating Hazelwood’s death, UK found a “deeply ingrained culture of alcohol and hazing behaviors” at FarmHouse, and that multiple instances of hazing had taken place at FarmHouse over the course of the fall 2021 semester.

The hazing included, but was not limited to: forced consumption of food, alcohol or drugs; personal servitude; physical or psychological shocks; and degrading or humiliating games and activities, according to a report from the UK Office of Student Conduct. Chapter officers were aware of the hazing, and were present and engaged in several of the hazing instances.

“The deeply ingrained culture of alcohol and hazing behaviors within FarmHouse Fraternity shows a clear lack of understanding and disregard for University policy and has created an environment that has had a significant impact on the University of Kentucky community,” the report from the UK Office of Student Conduct said.

In Kentucky, universities can expel students and take administrative actions against student organizations that participate in hazing, but there are no criminal laws that directly apply to hazing.

After Hazelwood’s death, the FarmHouse Fraternity’s status as a student organization was revoked by UK and the national chapter. Members living in the house were ordered to move out, and a no-contact order was issued, meaning members of the UK chapter could have no association with FarmHouse for seven years.