Southern University says it is not liable for injuries a marching band member suffered last year in a hazing incident because the injuries occurred off campus and with the student’s consent.
Southern also says Marcus Heath, of Georgia, signed an anti-hazing contract indicating he would not take part in any hazing activity and he would report such activity to the university.
The university’s position was part of a court-filed response to the student’s lawsuit.
The Advocate reports Heath and his mother are seeking financial damages and coverage of medical expenses.
Police say Heath and two other freshmen band mates were struck repeatedly with boards as part of an initiation into the marching band’s unofficial French horn fraternity, “Mellow Phi Fellow.”