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Mark David Shirian PC: Long Island College Hazing Lawyer
Assertively Fighting for the Rights of Our Clients
New York City Personal Injury Lawyer / Long Island College Hazing Lawyer

Long Island College Hazing Lawyer

Students and parents across Nassau and Suffolk Counties are often asked to decide quickly what to do after a pledge night, a team initiation, or a club “tradition” ends with someone in an emergency room. Mark David Shirian P.C. handles personal injury and civil litigation for injured people throughout Long Island, and it represents clients in college hazing matters in Nassau County, Suffolk County, and the wider New York region. If you are looking for a Long Island college hazing lawyer, the first thing to know is that hazing is not only a student conduct problem. It can be a crime, and it can be a civil claim against the people and institutions that allowed it.

Hazing hurts people in ways that are easy to dismiss at the time: forced drinking, sleep deprivation, beatings, humiliation rituals, confinement, and physical “challenges” that push a body past its limits. The word “willing” gets used a lot afterward. A student who went along because belonging was on the line did not give meaningful consent, and the law does not treat that participation as a free pass for the organization.

Colleges and Universities on Long Island

Long Island’s private universities include Hofstra University in Hempstead, Adelphi University in Garden City, and LIU Post in Brookville, each with fraternities, sororities, and intercollegiate athletics, along with Molloy University in Rockville Centre, New York Institute of Technology in Old Westbury, and St. Joseph’s University’s campus in Patchogue. Claims involving a private college, along with claims against individual students, chapters, national organizations, and property owners, are generally brought in the Supreme Court in Nassau County or Suffolk County, depending on where the events happened and where the parties are.

The Island’s public campuses include Stony Brook University, the largest SUNY campus on Long Island, with Division I athletics and an active Greek community, as well as Farmingdale State College and SUNY Old Westbury. Damages claims against State-operated SUNY campuses belong in the Court of Claims and require prompt notice. Nassau Community College in Garden City and Suffolk County Community College, with campuses in Selden, Brentwood, and Riverhead, are sponsored by their counties, so a claim involving one of them may require a notice of claim against the county or college within ninety days. Because the rules differ by school, the type of campus involved should be identified on day one.

How New York Treats Hazing: Crime Versus Civil Claim

New York writes its hazing offenses into Article 120 of the Penal Law, the same article that covers assault. There are two levels. Hazing in the second degree covers intentional or reckless conduct during someone’s initiation into or affiliation with an organization that creates a substantial risk of physical injury. No one has to actually be hurt for that offense, and it is classified as a violation. Hazing in the first degree applies when that same kind of conduct actually causes physical injury, and it is a class A misdemeanor.

Since an amendment to the statute, the definition expressly reaches physical contact with a person and requiring physical activity of a person. That matters in cases involving forced exercise, endurance rituals, or “line-ups” where there is no punch thrown but the physical demand itself creates the danger.

Here is the distinction that matters most for a family deciding what to do. The criminal case belongs to the prosecutor. The civil case belongs to you. A misdemeanor charge, a campus suspension, or a decision not to prosecute does not decide whether an injured student can recover compensation. A civil claim is built on negligence, recklessness, and intentional wrongdoing, and it can reach individuals, chapters, national organizations, landlords, event hosts, and sometimes the school.

Federal law adds pressure from another direction. Under the Stop Campus Hazing Act, colleges must publish a transparency report identifying organizations found responsible for hazing, along with the violations, sanctions, and investigation dates. The federal definition covers conduct tied to initiation, affiliation, or maintaining membership in a student organization, and it applies regardless of whether the student agreed to take part. Those reports and the underlying investigation records can become important evidence of what a school knew.

Why Choose Mark David Shirian P.C. for a Hazing Injury Claim

Mark David Shirian P.C. is a New York litigation firm that represents injured people and civil plaintiffs in Nassau County, Suffolk County, New York City, Westchester County, and beyond. Mark D. Shirian, the Founding Member, leads the firm’s litigation practice, concentrating in personal injury, employment discrimination and harassment, sports and entertainment law, and civil and commercial litigation. Every case is handled by one of the firm’s attorneys rather than a case manager, and personal injury cases are handled on a contingency fee basis, meaning no fee unless there is a recovery. Case evaluations are free and confidential.

Hazing cases usually involve institutions that have lawyers, insurers, and public relations teams ready on day one. Mark Shirian has obtained multiple seven-figure settlements and has challenged Fortune 500 companies, school systems, and government entities. The firm’s results include a $1,500,000 Child Victims Act settlement, a $1,500,000 Transit Authority bus accident settlement, a $1,000,000 wrongful death settlement, and a $500,000 settlement for a minor injured in a daycare. Those outcomes reflect a willingness to take on large, well-defended opponents, which is what a hazing case against a national fraternity or a college often requires.

Mark Shirian was named one of The National Trial Lawyers Top 40 Under 40, displays the NAOPIA Top 10 Attorney Award badge, and belongs to the American Association for Justice, the New York State Trial Lawyers Association, the New York State Academy of Trial Lawyers, and the Sports Lawyers Association. That last membership is relevant here, because many hazing cases arise inside athletic teams. He is admitted in New York and in the U.S. District Courts for the Southern and Eastern Districts of New York, and he holds a B.A. from NYU and a J.D. from New York Law School.

Shawn D. Shirian, Senior Associate, has over seven years of litigation experience, including jury trials and dispositive motions, and he is admitted in New York and both federal districts. His background defending major corporate clients in premises liability matters gives him a working understanding of how institutions build their defenses. Clients describe the firm as honest and direct, responsive, patient with questions, and caring, and the firm’s Google rating shows as Excellent across 96 reviews.

Situations That Lead to Hazing Claims on Long Island

  • Fraternity and Sorority Pledging: Forced alcohol consumption, “big brother” nights, and overnight tasks at off-campus houses in Nassau and Suffolk are the classic pattern. Alcohol poisoning, falls, and aspiration injuries are common, and the national organization and the host of the event may share responsibility.
  • Athletic Team Initiations: Rookie rituals on college teams can involve forced drinking, physical punishment, or humiliation. Coaches and athletic departments who knew about a “tradition” and did nothing face real exposure.
  • Club and Band Rituals: Marching bands, ROTC-style groups, cultural clubs, and performance ensembles are not exempt. The statute applies to any organization, not just Greek life.
  • Forced Physical Activity: Mandatory exercise, sleep deprivation, and endurance tests can cause rhabdomyolysis, heat illness, and cardiac events. The 2018 amendment specifically reaches requiring physical activity.
  • Assault and Battery During Initiation: Paddling, beatings, branding, and physical restraint can support intentional tort claims in addition to negligence theories.
  • Sexualized and Degrading Conduct: Hazing that includes unwanted touching or sexual humiliation can overlap with the firm’s sexual harassment practice and may carry additional claims.
  • Hazing Deaths: When a student dies, the family may bring a wrongful death action. Different timing rules apply, including when a representative of the estate is appointed.
  • Long-Term Psychological Injury: Documented anxiety, PTSD, and depression following hazing are real injuries, and records from a treating provider carry weight in valuing the claim.

What to Do in the First Days After Hazing Hurts a Student

Medical care comes first, and it should be documented. Go to an emergency room or urgent care, tell the provider plainly what happened, and do not minimize it because of loyalty to the group. Hazing injuries such as alcohol poisoning, kidney damage, head trauma, and internal injuries can worsen hours later. Medical records created close to the event are some of the strongest evidence you will have.

Preserve everything. Group chats, direct messages, photos, videos, pledge manuals, schedules, social media posts, and payment records all matter, and they disappear fast once an organization realizes a lawyer may get involved. Screenshot messages before anyone deletes them, and do not delete anything yourself. Write down names, dates, locations, and what each person did while memories are fresh.

Be careful with statements. College conduct offices, national organization investigators, and insurance adjusters may ask for interviews quickly. Anything said can be used in both the school process and a later lawsuit. Speaking with an attorney first is a sound habit, and our free, confidential evaluation exists for exactly that reason.

Know the deadlines, because they are shorter than most families expect. Negligence-based injury claims generally carry a three-year limit in New York. Intentional torts such as assault carry a one-year limit, which matters in a hazing case that involves beatings or forced contact. A lawsuit is started by filing a summons and complaint with the court clerk; a demand letter or a call to an insurer does not stop the clock. A student who was under 18 when injured generally has three years from turning 18, though that extension is capped at ten years from the date the claim arose for most injury cases.

If the college is a public institution, the rules change. A notice of claim against a public corporation, where one is required, must be served within ninety days of when the claim arises, and it must be in writing, sworn, and state the claimant’s name and address, the nature of the claim, the time, place, and manner of the injury, and the items of damage. For wrongful death, the ninety days run from the appointment of the estate’s representative. A court can sometimes allow late service, but never past the limitations period, which for most municipal tort claims is one year and ninety days. Infancy tolling does not always rescue a missed notice of claim. Claims against the State or certain State-related entities, including CUNY, are heard in the Court of Claims rather than the regular trial courts.

Most private-college and organization claims from Long Island are filed in Supreme Court, either in Nassau County at Mineola or in Suffolk County at Riverhead, where civil matters are heard. Federal claims on Long Island go to the U.S. District Court for the Eastern District of New York, which has a courthouse in Central Islip. Appeals from these courts go to the Appellate Division, Second Department.

Fault, the Willing Participant Defense, and Who Pays

The first defense you will hear is that the student chose to participate. New York does not let that argument erase a claim. Under CPLR 1411, a claimant’s own fault does not bar recovery in an injury or wrongful death case; it only reduces damages in proportion to that share of fault. The newer 50 percent fault bar applies only to motor vehicle injury actions, so a hazing claim stays under the pure comparative rule. Courts and juries also look hard at the pressure created by group power dynamics, which undercuts a claim that participation was truly voluntary.

Identifying the right defendants is where hazing cases are won or lost. Individual members who administered the hazing, the local chapter, the national or regional organization, the property owner or landlord of the house, a venue or bar that over-served, and the college itself can each have a role. Colleges are required to maintain written rules for public order on campus, and at CUNY the Henderson Rules govern conduct. Prior complaints, past sanctions, and entries in a school’s transparency report can show that a danger was known and ignored.

Frequently Asked Questions About Hazing Claims

Is hazing illegal in New York?

Yes. New York defines hazing in the first and second degree under Article 120 of the Penal Law. Second degree is a violation and requires only a substantial risk of physical injury. First degree is a class A misdemeanor and requires that actual physical injury result.

Can I sue if the hazing was “voluntary”?

Yes. Apparent willingness is not a bar to a civil claim. Under New York’s comparative fault rule, even if a jury assigned some responsibility to the student, damages would be reduced by that percentage rather than eliminated.

Do I need criminal charges before I can bring a lawsuit?

No. A civil case is separate from any prosecution. Charges, a plea, or a decision not to charge do not control whether an injured student can seek compensation.

How long do I have to file a hazing lawsuit?

Negligence claims generally have three years, while intentional tort claims such as assault have one year. A student who was a minor when injured gets extra time, but that extension has a ten-year outer limit for most injury claims. Because the deadlines differ by claim type, it is safer to consult a lawyer early.

Can I sue a fraternity’s national organization?

Often, yes. National and regional organizations can be named when their policies, supervision, or knowledge of prior incidents contributed to the harm. Whether a claim against them succeeds depends on the evidence of what they knew and what they did about it.

What if the college is a public school like CUNY or SUNY?

Public institutions have special notice rules. A sworn notice of claim generally must be served within ninety days of the claim arising, and claims against the State or certain State-related entities, including CUNY, belong in the Court of Claims. Missing that notice can seriously damage a case.

My child was hazed as a high school or younger student. Is that covered?

The hazing offenses apply to initiation into or affiliation with any organization, not only colleges, and minors receive extra time to sue. The firm also handles claims involving school systems and negligence toward children, so it is worth discussing the specific facts.

Will the school’s investigation records help my case?

They can. Conduct files, prior complaints, and the transparency reports required of colleges under federal law may show that the school or the organization had notice of dangerous behavior. A lawyer can seek these through formal discovery once a suit is filed.

What if my son or daughter was pressured to stay quiet?

That is common and does not end the claim. Threats of social exile, loss of a team spot, or retaliation by the group are part of how hazing works, and they can be relevant evidence. Preserving messages that show the pressure is important.

How much does it cost to hire a hazing lawyer?

Personal injury cases at Mark David Shirian P.C. are handled on a contingency fee basis, so there is no fee unless there is a recovery. The initial case evaluation is free and confidential.

What compensation can a hazing victim recover?

Depending on the case, recoverable losses can include medical bills, future treatment, lost earnings, pain and suffering, and emotional distress. In a wrongful death, the family may pursue the damages the law allows for the loss of their child.

Should I talk to the college or the fraternity before calling a lawyer?

It is wiser to speak with a lawyer first. Statements to administrators or organization representatives are not confidential and can be used later. A lawyer can handle those communications for you.

Hazing Representation Across Long Island and the Region

We represent hazing victims and their families throughout Nassau County, including Hempstead, Garden City, Mineola, and Great Neck, along with the surrounding communities across the county. Students who attend or live near campuses on the Island come from all over, and we accept matters from Suffolk County as well. Our work extends across Long Island and into New York City, including Manhattan, Brooklyn, Queens, and the Bronx.

North of the city, we serve Westchester County, including Yonkers, White Plains, Mount Vernon, and New Rochelle, and we accept matters from Rockland County and other parts of the greater New York region. Because many students attend college away from home, we also handle injuries tied to schools elsewhere in New York State, wherever the family lives and wherever the case belongs.

Speak With a Long Island College Hazing Attorney Today

If a student you love was hurt in an initiation, a team ritual, or a club tradition, the evidence is perishing right now and the deadlines are already running. A Long Island college hazing attorney at Mark David Shirian P.C. can review what happened, explain which claims and defendants make sense, and tell you plainly what the case is worth pursuing. Call us for a free, confidential evaluation. You will speak with one of the firm’s attorneys, and you will pay nothing unless we recover for you.

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