Fallbrook High Hazing Scandal: Lawsuit Alleges Years of Abuse and Negligence

Hazing is a pervasive issue in schools across the nation. A recent incident at Fallbrook High School has brought this issue to the forefront, highlighting the potential for severe abuse and negligence within school systems. The “Fallbrook High Hazing Scandal: Lawsuit Alleges Years of Abuse and Negligence” underscores the urgent need for schools to address and prevent hazing incidents to protect their students. A recent press conference held by Oakwood Legal Group announced a coming lawsuit against the Fallbrook Union High School District, alleging hazing within the Varsity baseball team.

What is Hazing?

Hazing is defined as any activity that causes or is likely to cause bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to another person. Hazing often involves circumstances where the victim never truly consents to the hazing or where the consent is obtained by the forced consumption of alcohol, threats, or extreme group pressure.

Details of the Fallbrook High Hazing Allegations

In early April 2025, allegations surfaced regarding hazing within the Fallbrook High School varsity baseball team. These allegations led to the immediate removal of five players from the team. Initially, two players were expelled, and three others received week-long suspensions. However, the expulsions were later rescinded after a review of the evidence, allowing the expelled students to return to school. The alleged victim, a senior player, has since left the school.

According to a statement from parent Dave Mendoza, the team has a longstanding tradition known as “55s.” However, Elan Zektser, an attorney from Oakwood Legal Group representing the alleged victim, described a far more serious situation during a press conference. Zektser claimed that the victim was hazed and sexually abused by several varsity players, who allegedly cornered him in an unsupervised locker room, attempted to remove his clothes, made explicit threats, and put their penises in his face. He further alleged that the school’s administration, coaches, and athletic director were aware of the hazing culture and did nothing to stop it.

Legal Implications and the Lawsuit

Zektser’s law firm has filed a government claim against the school district on behalf of the alleged victim, a precursor to a lawsuit. The lawsuit alleges that the school district failed to protect students and maintained a culture of negligence. No criminal charges have been announced, but law enforcement continues to investigate.

California Hazing Laws

California Penal Code § 245.6 PC, also known as “Matt’s Law,” defines hazing as a crime when it is used as a method of initiation into a student-based organization and is likely to cause serious bodily injury. It is still a crime even if no one is actually injured. “Matt’s Law” allows for felony prosecutions when serious injuries or deaths result from hazing rites. The law increases the severity of charges for some hazing rituals, from misdemeanors to felonies and gives prosecutors the ability to seek hazing charges against non-students for the first time.

Penalties for Hazing

A violation of California hazing law that does not result in serious bodily injury is charged as a misdemeanor, punishable by:

Misdemeanor (summary) probation
Up to one year in county jail
A fine between \$100 and \$5,000

If hazing results in death or serious bodily injury, it is a “wobbler” offense and can be charged as either a misdemeanor or a felony. If charged as a felony, hazing can be punished by:

Up to one year in county jail (or formal, supervised probation)
16 months, two, or three years in California state prison (or felony probation)

Civil Penalties for Hazing

If hazing occurs, the person against whom the hazing was directed may file a civil action for any injury or damages. The lawsuit can be brought against:

Any people that participated in the hazing
Any organization to which the student was trying to become a member

Liability in Hazing Cases

When injury or death occurs as a result of hazing, the individual parties involved in the incident are subject to liability. Many lawsuits also focus on the fact that the fraternity or university did not take sufficient action to protect the injured party.

Who Can Be Held Liable?

Individual Students: The students directly involved in the hazing activities can be held liable for assault, battery, and other related torts.
Organizations: Fraternities, sororities, sports teams, and other student organizations can be held liable if they authorized, encouraged, or tolerated the hazing.
School Administration and Staff: School districts, administrators, coaches, and teachers can be held liable if they were aware of the hazing and failed to take appropriate action to prevent it.
National Organizations: National fraternities and sororities can be held liable if they failed to properly supervise their local chapters or enforce anti-hazing policies.

Theories of Liability

Negligence: Negligence claims assert that the liable parties failed to exercise reasonable care to prevent the hazing. This can include failure to supervise, failure to enforce anti-hazing policies, and failure to respond to reports of hazing.
Intentional Torts: Intentional tort claims assert that the liable parties intentionally engaged in the hazing or acted with reckless disregard for the safety of the victim. This can include claims for assault, battery, false imprisonment, and intentional infliction of emotional distress.
Premises Liability: Premises liability claims assert that the liable parties failed to maintain a safe environment on their property, allowing the hazing to occur. This can include claims for inadequate security, failure to monitor the premises, and failure to warn of known dangers.

Preventing Hazing: A Call to Action

The Fallbrook High hazing scandal underscores the urgent need for schools to take proactive steps to prevent hazing. These steps can include:

Implementing and Enforcing Anti-Hazing Policies: Schools should have clear and comprehensive anti-hazing policies that prohibit all forms of hazing and provide for disciplinary action against violators.
Providing Training and Education: Schools should provide training and education to students, faculty, and staff on the dangers of hazing and how to prevent it.
Supervising Student Activities: Schools should actively supervise student activities to ensure that hazing is not occurring.
Encouraging Reporting: Schools should encourage students to report hazing incidents and provide a safe and confidential way to do so.
Taking Action: Schools should take prompt and effective action to investigate and address hazing incidents.

Seeking Legal Assistance

If you or someone you know has been a victim of hazing, it is essential to seek legal assistance. A personal injury attorney can help you understand your rights and options and pursue legal action against the responsible parties.

Conclusion

The Fallbrook High hazing scandal is a stark reminder of the dangers of hazing and the importance of preventing it. Schools must take proactive steps to protect their students from hazing and hold those responsible accountable for their actions. By implementing and enforcing anti-hazing policies, providing training and education, supervising student activities, encouraging reporting, and taking prompt action, schools can create a safer and more respectful environment for all students.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. If you have been a victim of hazing, it is essential to consult with a qualified attorney to discuss your specific situation.