A student charged with hazing and harassing another student during recruitment for the Sigma Alpha Epsilon fraternity was granted youthful offender status at a hearing Tuesday.
According to Patriot Law Firm, under Alabama law, youthful offender status may be granted to individuals under the age of 21 charged with certain crimes. When the status is granted, records involving the case are sealed, and potential punishments are typically less severe than if the youthful offender were convicted as an adult.
When asked if the student pleaded guilty by seeking youthful offender status, one of the student’s attorneys, Tommy Spina, said the case was sealed and that he was unable to comment due to legal and ethical restrictions.
The defendant was charged with criminal hazing and harassment after a lawsuit was filed in September by another student who participated in SAE recruitment prior to the fall semester. The student, whose initials are H.B. in the lawsuit, alleged that he was beaten by members of the fraternity in a hazing incident at the UA Mother Mu chapter that left him with a traumatic brain injury.
“Youthful offender status, generally speaking, is not a conviction and is not admissible in a parallel civil proceeding,” Spina said. He said this means that in the pending lawsuit, the law bars all parties from speaking about the youthful offender case in any way during the proceedings.
The student charged with criminal hazing was named in the lawsuit as one of two men who directly caused the injury. The lawsuit argued that the defendant should be held liable for assault and battery for his alleged role in the incident, which caused H.B.’s health to be “seriously and permanently impaired.”
It is unclear at this time whether the defendant intends to plead guilty to his charges or have a trial. If the defendant chooses to have a trial, he must do so without a jury since he received youthful offender status, and he may be given correctional treatment if found guilty.
The Mother Mu chapter and the SAE national organization did not immediately respond to requests for comment Tuesday. It is unclear whether the defendant is still a member of the Mother Mu chapter.
