Hector Martinez & Jolayne Houtz, V. Washington State University

CourtCourt of Appeals of Washington
DecidedJanuary 21, 2025
Docket83853-9
StatusPublished

This text of Hector Martinez & Jolayne Houtz, V. Washington State University (Hector Martinez & Jolayne Houtz, V. Washington State University) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hector Martinez & Jolayne Houtz, V. Washington State University, (Wash. Ct. App. 2025).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE

HECTOR MARTINEZ and JOLAYNE No. 83853-9-I HOUTZ, husband and wife, individually and as Co-Personal Representatives of the ESTATE OF SAMUEL H. MARTINEZ,

Appellants,

v.

WASHINGTON STATE UNIVERSITY, a subdivision of the State of Washington,

Respondent,

ALPHA TAU OMEGA FRATERNITY, INC., PUBLISHED OPINION an Indiana Corporation; GAMMA CHI CHAPTER OF ALPHA TAU OMEGA FRATERNITY, an association; RICHMOND PROPERTY GROUP, LTD., an Indiana Corporation; LUKE HAWKSFORD, an individual; ANDREW MISCHKE, an individual; WESLEY OSWALD, an individual; COLE SOREANO, an individual; JORDAN JAMESON, an individual; and JOHN DOES 1-10, individuals,

Defendants.

BOWMAN, J. — Samuel “Sam” Martinez died of acute alcohol poisoning in

November 2019 following a hazing ritual at a fraternity house located near the

Pullman campus of Washington State University (WSU). Sam’s1 estate

representatives and parents Hector Martinez and Jolayne Houtz (collectively

1 For clarity, we use Sam’s first name and mean no disrespect by doing so. No. 83853-9-I/2

Estate) appeal summary judgment dismissal of their lawsuit against WSU. WSU

contends that it owed no duty to protect Sam. Because WSU has a special

relationship with its recognized fraternal organizations, we conclude that it owed

a duty to use reasonable care to control the fraternity and protect Sam from the

foreseeable harms of fraternal hazing and alcohol misuse. We reverse and

remand.

FACTS

Before describing the events leading to Sam’s death, we review the

relationship between WSU and its recognized fraternal organizations.

1. Requirements and Benefits of Recognition

WSU is a public university with its main campus in Pullman. There are

about 20,000 undergraduate students at WSU. About a quarter of those

students are members of its roughly 65 recognized fraternities and sororities.

WSU’s Center for Fraternity and Sorority Life (CFSL) is the department that

recognizes, “provide[s] advising support for,” and recommends sanctions for

fraternal organizations.

Before WSU will officially recognize a fraternity, the fraternity must enter

into a “Relationship Agreement for Residential Fraternities and Sororities” (RA).2

The RA is a 21-page contract that “details the requirements and benefits of

recognition by” WSU.

2 While sororities are subject to many of the same requirements, the rest of this opinion references only fraternities.

2 No. 83853-9-I/3

At the outset of the RA, fraternities agree that they are “separate and

distinct entities” from WSU and that they “operate independently of one another.”

Fraternities acknowledge WSU does not supervise, direct, or control their

activities and agree WSU “will not be liable for injuries or harm caused to anyone

in connection with or arising out of” their activities. They agree to “comply with

federal, local and state laws, as well as WSU’s Standards of Conduct for

Students” (SCS), and to be “accountable for the conduct of its individual

members, residents, and guests.” Fraternities agree it is an RA violation “for

minors to consume alcohol on [their] property or at [their] functions, regardless of

the function’s location.” And the RA mandates the fraternities “that house [first-

year students] shall be alcohol and drug free locations and are prohibited from

having alcohol in any form on their property at all times.”

Under the RA, fraternities are expected to “maintain membership in one of

the five university recognized Greek Councils/Associations,” work with an

assigned “professional from the CFSL,” provide the CFSL with administrative

information, and “maintain monthly communication with the CFSL.” They are

also expected to carry liability insurance and “coordinate with the CFSL to ensure

a current certificate of insurance . . . is on file.”

Fraternities acknowledge that they “may be held accountable” for the

behavior of their members and guests on their premises, at their sponsored

events, “or when a group including significant numbers of members or guests

violates University policies.” They also accept responsibility “to identify

foreseeable problems that may arise and to take timely corrective action” and,

3 No. 83853-9-I/4

when appropriate, “to ask for assistance from University offices,” including WSU

police, the CFSL, the WSU Office of Student Conduct, “Student Involvement,” or

“outside agencies (police, fire department, ambulance).” WSU “may take into

account the repeated occurrence of relevant other incidents involving the

organization” when “determining whether an organization or its officers failed to

take reasonable precautions.”

As part of the RA, fraternities agree to comply with Washington law and

WSU’s antihazing policy. “Hazing,” under the law,

includes any method of initiation into a student organization . . . that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student or other person attending a public or private institution of higher education.[3]

WSU’s policy mandates that no student organization “may conspire to

engage in hazing or participate in hazing of another.”4 The policy also directs

new member activities by requiring, among other things, that there is no hazing

“in any form[,] neither as part of the new member program nor as acts by

individual members”; that a fraternity’s “initiation is to be a positive, educational

experience for all involved”; that there are no new member activities between

midnight and 8:00 a.m. Monday through Friday; and that all “activities associated

3 Former RCW 28B.10.900 (1993). The legislature amended the definition of “hazing” in 2022, but because this incident occurred in 2019, we cite the 1993 version of the statute that was in effect at that time. LAWS OF 2022, ch. 209, § 1. Further, while former RCW 28B.10.900 uses the term “institution of higher education,” we use that term interchangeably with the terms “university” and “college.” 4 The policy notes “hazing” may also include: Abuse of alcohol during new member activities; striking another person whether by use of any object or one’s body; creation of excessive fatigue; physical and/or psychological shock; morally degrading or humiliating games or activities that create a risk of bodily, emotional, or mental harm.

4 No. 83853-9-I/5

in any way with new members must be alcohol free.” Washington law also

prohibits hazing by making it punishable as a misdemeanor against individuals

and imposing strict liability against organizations that knowingly permit hazing.5

As set forth under the RA, the CFSL expects each fraternity to “maintain a

minimum of four (4) undergraduate members” but “reserves the right to support

and offer assistance” to fraternities “that fall below” this requirement. The CFSL

will extend such support based on “cooperation and communication” with the

fraternity that includes a letter of support, a detailed action plan, a letter of

explanation, and approval from the CFSL director.

Fraternities also agree to abide by WSU’s drug and alcohol policy, which

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