FAMU cites evidence of Champion's consent to be hazed in its defense against lawsuit

FAMU attorneys say Florida taxpayers shouldn't be held responsible for what happened to deceased drum major Robert Champion after he, according to the results of a criminal investigation, decided to break university rules that were in place to protect him from injury.

"Florida’s taxpayers should not be held financially liable to Mr. Champion's estate for the ultimate result of his own imprudent, avoidable and tragic decision and death," stated Rick Mitchell, an attorney for FAMU.

Champion died after being hazed aboard a Fabulous Coach Lines bus in Orlando on Nov. 19, 2011 after the Marching 100's performance at the Florida Classic football game. An investigation by the Orange County Sheriff’s Office (OCSO) found that Champion "willingly participated" in the illegal hazing activity that cost him his life.

"Just a few months before his death, Mr. Champion acknowledged in writing that he fully understood the unlawfulness, physical brutality and health dangers of participating in hazing, either as a hazer or a hazee," Mitchell wrote in a motion seeking to dismiss the Champion family's lawsuit against the university. "Nevertheless, over the course of several months Mr. Champion discussed and contemplated whether to participate in acts of hazing referred to as 'crossing over' during the Fall 2011 Florida Classic weekend in Orlando, Florida."

FAMU's decision to raise the issue of Champion's personal responsibility to follow the anti-hazing rules was met with a sharp response from Christopher Chestnut, an attorney representing Robert, Jr.’s parents.

"We cannot ignore the irony and audacity of an institution in blaming Robert for his death," Chestnut said in a quote published by the Orlando Sentinel. "Blaming students for hazing allows the culture of hazing to become deadly."

Chestnut has publicly stated that the individuals who allegedly hazed Champion should "be held accountable for Robert's murder" through criminal prosecution even though he is now (according to the Sentinel) criticizing FAMU for "blaming students for hazing."

Back during a press conference in May, Chestnut responded to the OCSO's evidence of Champion's consent to be hazed by saying it still wasn't clear to him that Robert boarded the bus on which he was hazed willingly.

"Whether Robert went on that bus voluntarily, whether he was coerced or whether he was forced on the bus we don't know," Chestnut told reporters.

Read the full text of FAMU answer and affirmative defenses to the plaintiff's amended complaint here. The full text of FAMU's motion for summary final judgment is available here.

Both links come courtesy of WFTV Channel 9 in Orlando.