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Spokane, Washington  Est. May 19, 1883

Anti-hazing bill ‘Sam’s Law’ appears in the Washington House for the second year

By Elena Perry The Spokesman-Review

OLYMPIA – When Sam Martinez told his mom he was pledging a fraternity, she wasn’t concerned. For Jolayne Houtz, it brought to mind images of spirited brotherhood, an emphasis on studies and a community for her son. All her diligent research only told stories of mandatory study tables and building leadership. What she didn’t find was the dark history of hazing associated with the Greek system.

In 2019, during his first months at Washington State University, Martinez died of alcohol poisoning at an event at the fraternity Alpha Tau Omega. Martinez’s fraternity brothers handed him a half-gallon bottle of rum and pressured him to “drink the family drink.”

According to Houtz, because of the one-year statute of limitations for hazing, 15 brothers were charged only with supplying alcohol to a minor.

A bill heard in the House Community Safety and Reentry Committee on Monday would look to increase the penalties for hazing, from a misdemeanor to a gross misdemeanor.

In Martinez’s case, the longest sentence one of these brothers faced was 19 days in jail.

“(That’s) one day for each year of Sam’s life,” Houtz said. Houtz and other family members believe the sentence was too light and sent a poor message about the severity of hazing.

As it stands, punishment for hazing is up to 90 days in jail and a maximum fine of $1,000. The bill would result in up to 364 days in jail and a maximum fee of $5,000. Should the hazing result in substantial bodily harm, it would constitute a class C felony, meaning up to five years in prison and a fine of up to $10,000.

“The criminal penalties in Washington right now for hazing are a joke,” Houtz said. “It’s a misdemeanor, which is the equivalent of stealing a shopping cart.”

Proponents of this bill hope that by increasing the penalties associated with hazing, lawmakers will communicate a message that hazing is unacceptable.

Public testimony included Sam’s parents, another parent whose son died from hazing and one opponent to the bill, Jason Schwarz of the Washington Defender Association.

Schwarz emphasized that in hazing cases, the offenders’ brains are still developing and are therefore capable of reforming. He cautioned that more jail time may not be the solution to the cultural problem of hazing.

“Sending a young person to prison where they themselves will very likely be hazed and harmed themselves will not undo the harm that their acts have done,” Schwarz said.

Schwarz proposed referring to school resource officers or other professionals in instances of hazing, saying charging a misdemeanor should be a last resort.

This bill, referred to as “Sam’s law,” was introduced last session as well, but did not move out of the House committee because lawmakers ran out of time in the shortened legislative session. Another hazing-related bill was passed into law last session, which expanded the definition of hazing and required institutions to make public reports of instances of hazing.

Houtz and other members of Martinez’s family are determined that this bill pass. If not this session, they say they do not intend to stop advocating for legislation to honor their son’s legacy. They are motivated by the vision that hazing deaths in Washington end with their son and hope that this legislation will send a clear message against the toxic tradition.

“My job as a dad ended very tragically. I still have a wonderful daughter, but my job as a dad for my son is over,” testified Martinez’s father, Hector Martinez. “Sometimes I ask myself, ‘Why do I keep going? Why do I need to be doing what I’m doing now?’ Which is very hard. It’s not easy, but the reason why I do it is that you don’t see anybody like me in front of you next year.”