Florida A&M University has said that drum major Robert Champion was responsible for what happened to him on Bus C on the November night when he was hazed and eventually died.

The Famuan File Photo

Marching 100

The documents also state that Champion’s knowledge of hazing, and his witnessing of others being hazed that night, left the decision to participate as a personal choice.

“He realized and appreciated the possibility of injuries as a result of such danger, and not withstanding the opportunity to avoid the danger simply by not showing up at the designated place and time, he deliberately exposed himself to the danger,.” according to the filing.

The Champion family filed a wrongful death suit that  Champion’s parents, Robert and Pamela Champion, filed against it and Fabulous Coach Lines in July, claiming the university “negligently failed to have any policies or procedures governing, monitoring, or disciplining FAMU Band members for facilitation, participation or encouragement of hazing activities, or in the alternative.”

In addition,Mitchell also claimed that the university is not responsible for the actions of students while not involved in university-sanctioned or sponsored events, and that the damages incurred “were caused by the active and intervening acts of persons not under FAMU’s control.”

According to prosecutors, Champion was killed following the Florida Classic in Orlando on Nov. 19, 2011, after he participated in a hazing incident called “crossing over,” where he endured punches, kicks and violence from other band members as he tried to push his way to the back of a charter bus.

Champion willingly submitted to hazing after his duties as a FAMU student and member of the band were completed, investigators found.

Documents also place blame on bus company Fabulous Coach Lines, and driver Wendy Millette, who were considered to have “exclusive control” over the vehicle and its occupants.

It states, “[Millette] granted access to more than 20 people and commenced standing guard at the door of Bus C.”

According to testimony during the investigation of Champion’s death, Millette allegedly not only stood guard of the entrance of the bus, but also came in contact with Champion following his “crossing over” when he began vomiting, telling him “that he would be alright” before forcing him back onto the bus.   

Millette’s intervention and role in the events “cumulatively led to the fatal injuries suffered by [Mr. Champion],” according to the the Champion family lawsuit. 

As part of its response, the university has moved for dismissal of the charges based on the “overbroad” nature and “lack of foundation” in the case filed against it, citing Florida’s sovereign immunity clause that protects public entities from frivolous lawsuits.

 “Since Mr. Champion’s lethal injuries arose from his participation in unlawful acts of hazing, Florida’s sovereign immunity and forcible felony participation-defense statute absolutely bar the Plantiff’s claim against FAMU,” read the documents.

Witnesses and statements from the investigation said Champion was a willing participant in hazing, either through planning, subjecting himself as a hazee or failing to report planned events barred by law.

His role in the committing of a crime, hazing, is also a defense point against the suit filed by the Champion family.

The Orange County State Attorney’s Office indicted 12 individuals for their involvement in Champion’s death. They are scheduled for trial on Oct. 8.

Since Champion’s death,  the Marching “100” band has been suspended, director Julian White resigned and James H. Ammons resigned following a no-confidence vote by the FAMU Board of Trustees.

FAMU has since made former provost Larry Robinson acting interim president as the university conducts a search for Ammons’ permanent replacement.

The Champion’s lawsuit was filed  against FAMU  on the same day Ammons announced his resignation.

The university has implemented new programs and admission standards to support its staunch stance against hazing.

Students will be required to sign an anti-hazing pledge prior to being able to register for classes for the spring 2013 semester.

The Champions' attorney, Christopher Chestnut,  did  not  return calls for comment, but an employee with the firm said there would be no statement released.

Karl Etters is editor-in-chief of The Famuan, the Florida A&M University student newspaper.