STATE LAWMAKERS HOPE TO TOUGHEN ANTI-HAZING LAWS

Missouri lawmakers hope to toughen the state's anti-hazing law in the wake of the hazing death of a Southeast Missouri State University student in a fraternity initiation ritual.

State senators gave final approval on March 30 to a juvenile crime bill that includes an amendment to make hazing a felony in cases where such acts create "a substantial risk" to the life of a student.

Currently, hazing is a Class A misdemeanor, punishable by up to a year in jail.

Under the measure now before the Missouri House, prosecutors could charge participants in serious hazing cases with felony hazing, punishable by a sentence of two to seven years in the state penitentiary.

Sen. Wayne Goode, D-Normandy, sponsored the anti-hazing amendment.

He said Tuesday that the measure was prompted by the Feb. 15 death of Southeast student Michael Davis, who died from hemorrhaging in the brain after allegedly being repeatedly kicked, punched and slammed to the ground in a fraternity ritual.

Seven members of the now-banned Kappa Alpha Psi fraternity chapter have been charged with involuntary manslaughter in connection with the death of Davis, 25.

But Goode said, "Had this young man not died, there would really have been nothing other than the misdemeanor that the perpetrators could be charged with."

Goode, who helped pass legislation a number of years ago making hazing a misdemeanor crime, said he hopes the tougher measure will help prevent such tragedies in the future.

The lawmaker maintained that fraternity members will view hazing more seriously when they realize they could be charged with a felony.

Goode, who joined a fraternity while a student at the University of Missouri in the 1950s, said such groups "can have a positive influence on young people."

"They ought to be used to do their best and not to act on the dark side," he said.

Goode said it's likely the House will also approve the anti-hazing measure.

Sen. Peter Kinder, R-Cape Girardeau, said he supports the anti-hazing measure.

"It is tragic that it took the incident in Cape to bring us to this, but it was a direct result, and we are responding to that gross excess there," said Kinder.

He said a death involving a University of Missouri-Rolla student points to the difficulty prosecutors currently face in dealing with hazing cases.

In October 1991, Michael Nisbit, 28, of St. Louis choked to death after being forced to drink large amounts of tequila and beer by fellow students.

Four students were charged with involuntary manslaughter, but Phelps County Prosecuting Attorney John Beger ultimately dropped the charges after a judge ruled that the four had to be tried separately.

"I don't know that it (the legislation) would make the task any easier," said Kinder. But he added, "We are giving the prosecutor another tool."

Kinder said the legislation makes it clear that hazing won't be tolerated.

"I think there is broad public support for this kind of measure," he said.

State Reps. Mary Kasten and David Schwab also expressed support for the legislation.

"The concept sounds like something I could support," said Schwab. But the Jackson Republican cautioned that he had yet to see the measure.

The legislation is currently before a House committee.

Kasten was much more vocal in favoring the measure.

"I believe we definitely need to do this," said the Cape Girardeau Republican.

She observed that physical hazing occurs on many college campuses, not just at Southeast.

"This is deplorable," said Kasten. "I can't think of any good reason to allow it to go on. Anything we can do to deter it, I think we should do," she added.

"In all ways, I want to clamp down on crime," said Kasten. "We have been just too loose and too liberal with the definitions of crime.

"I definitely think we need to start very, very early in putting some teeth into our laws about crime."