IT WILL TAKE MORE THAN A HAZING LAW TO STOP THE RITUAL

The Missouri Supreme Court has upheld the constitutionality of the state law that makes fraternity hazing a crime. The court's decision last week didn't mince words in affirming the law, which got its first test after a 25-year-old student at Southeast Missouri State University died following a hazing incident in 1994.

A total of 15 members of the Kappa Alpha Psi fraternity were eventually charged as a result of Michael Davis' death. Keith Allen, who was convicted of misdemeanor hazing and received an 18-month jail sentence, appealed on the grounds that the law was vague and applied only to organizations at institutions of higher learning.

Supreme Court Judge Chip Robertson, who has a way with words, got right to the point in the court's decision: "Allen's brief is, unfortunately, little more than a casserole of constitutional catch phrases and conclusions, unadorned by legal analysis."

As for the claim by Allen's lawyer that the hazing law is vague -- mainly because the use of the words "physical beating" might be unclear -- Judge Robertson wrote: "Beating is not a word shrouded in mystery of squirming with ambiguity."

The court's decision is a victory for those who are looking for ways to discourage the ancient ritual of imposing physical pain on initiates into a by-invitation-only group. There are other initiation practices that aren't dangerous. For example, asking a fraternity pledge to perform 100 hours of community service would be a positive way to test the future member's character, stamina and acceptance of the values of the organization. Does this sort of practice work? Ask any Eagle Scout.

Cape Girardeau County's prosecutor, Morley Swingle, argued in support of the law before the Supreme Court. Upon hearing the decision, he commented: "This sends a message that fraternities can't haze."

While the court's message is pretty clear -- hazing is illegal and anyone convicted of hazing can be punished -- the sad fact remains that fraternities are likely to find ways to make life miserable for new recruits. How sad to think that anyone invited to become the member of such a group could wind up dead.

Ask Edith Davis, the mother of the dead student: "I just hate it that some of these boys still think there isn't anything wrong with this."