Parents of Florida A&M hazing victim to sue bus company

NBC's Mark Potter reports.

The parents of a Florida A&M drum major killed in a hazing incident said they will sue the company that owns the bus where the hazing took place, The Orlando Sentinel reported on Tuesday.

Robert and Pam Champion said they plan to file the lawsuit against Fabulous Coach Lines to force witnesses to testify under oath about what happened to their son, Robert Champion Jr., 26, on board the chartered bus last November, according to their lawyer, Christopher Chestnut.

The lawyer told The Associated Press that the bus company’s negligence contributed to Champion's death. The lawyer and parents have said band members were able to get back on the bus to conduct hazing rituals after they had returned to an Orlando hotel following a football game against the school's archrival.

John Raoux / AP

Pam Champion and her husband, Robert Champion Sr., speak out about the death of their son Robert Jr., in Orlando, Fla.

Ray Land, the owner of Fabulous Coach Lines, said his staff did everything to get help once they were notified of a problem. Land told the AP in December that the bus driver was helping students unload their instruments when Champion collapsed.

"The bus company has some liability," Chestnut told the AP. "They knew or should have known that hazing was occurring on the bus."

'Not a hate crime'
Champion was killed in what the medical examiner has ruled a homicide in the course of hazing by the celebrated Florida A&M University "Marching 100" band. The beating took place while the bus was parked at an Orlando hotel after a band performance at a football game. No one has been charged yet in the death.

During a press conference in Orlando on Tuesday, the Champions confirmed their son was gay, but rejected rumors that his sexual orientation had made him a hazing target.

"Our investigation is very clear: This was hazing, not a hate crime," Chestnut said told The Orlando Sentinel.

The Attorney for the family of Robert Champion, who died after he was beaten on a bus, says that their unofficial preliminary investigation shows that the Florida A&M University drum major was killed after a hazing ritual. Watch the entire news conference.

Witnesses have told Champion's parents that their son may have been targeted for severe hazing because of his opposition to the marching band's culture of hazing, the AP said. Other witnesses have told them that other reasons might be that Champion was gay and that he was a candidate for chief drum major. His parents believe it was the first time he was hazed.

"The main reason that we heard is because he was against hazing, and he was totally against it," Robert Champion said.

The father said he knew nothing about the 50-year culture of hazing at the FAMU band when he sent his son off to school. Champion said that he regularly spoke by phone to his son, and that he always ended the calls by asking whether his son had anything he needed to tell his Dad.

"He never mentioned anything to me about hazing," Robert Champion said.

Hank Nuwer, an author of several books on hazing in schools and the military, said that hazing has reached the point where there has been a death in a fraternity, athletic team or band in a college every year from 1970 to 2011, “and sometimes more than that.”

Hazing on a bus among college students was rare, though a “huge” number of such incidents have occurred at the high school level, Nuwer said.

He said bus drivers needed to be alert and there should be adult supervision in the back of the bus: “If you have a culture of problems, you’re foolish not to have it,” he told msnbc.com on Tuesday. 

'A true leader'
Pam Champion said her son was defined not by his sexuality but by his leadership skills. 

"Robert was known for being a stickler [for rules]," she told the Sentinel. "If I thought about it, Robert was known for being what a true leader should be."

"Perhaps one of the motives might have been retaliatory," she said.

In the course of a private investigation, the family's lawyer said his office has spoken to more than 10 band members.

Chestnut said he determined that at the time of the incident, the bus was running but the interior lights were turned off.

"We don't know exactly who did what to Robert," Chestnut said, adding that detectives have not spoken to him or the family.

Pam Champion said the goal is to stop hazing to prevent further deaths and injuries, and she cautioned parents to be vigilant.

"The whole thing is, talk to your kids," she said. "Think twice when your kids are going off the college."

The family has previously said they plan to sue the university, but they must wait six months before filing under state law. 

This article contains reporting from The Associated Press, Reuters and msnbc.com's Miranda Leitsinger and Sevil Omer.

More content from msnbc.com and NBC News:

 

Discuss this post

WORST LAWSUIT EVER! Sue the school the band director and the president but its not the bus companies job to keep your son from being hazed thats the schools.

  • 3 votes
Reply#1 - Tue Jan 10, 2012 5:18 PM EST

Suing everybody, eh. Typical.

  • 1 vote
#1.1 - Tue Jan 10, 2012 7:43 PM EST

well stated hawkeye!

    #1.2 - Tue Jan 10, 2012 8:53 PM EST

    @Hawkeye,

    Did you bother to read the article? There is a waiting period before that can sue the state, but they have already said that they intend to. And, basically, under the law, you sue everyone that was involved and let the courts sort it out. You don't get to pick and choose who you sue -- you always sue 'em all.

    • 1 vote
    #1.3 - Tue Jan 10, 2012 9:00 PM EST

    The explanation was given, that the details of the incident will not be known unless there is sworn testimony, and that cannot happen without a court case. It is unlikely that the court would punish the bus company severely, but I think that the police would be interested in the results. People are against suing because they live in a fantasy world of no responsibility for actions or negligence, "in a world," as the Hollywood announcer said, where all businesses have no insurance. The bus company can cover this with insurance, trust me, but anything and everything to find the truth and bring this case to justice must be done. Do you honestly believe that no crime was committed? This is a murder investigation.

    • 2 votes
    #1.4 - Tue Jan 10, 2012 10:23 PM EST

    Hawkeye, I guess you have no reading comprehension.

    Robert and Pam Champion said they plan to file the lawsuit against Fabulous Coach Lines to force witnesses to testify under oath about what happened to their son, Robert Champion Jr., 26.

    • 2 votes
    #1.5 - Wed Jan 11, 2012 12:07 AM EST

    Yes, Gulfwar - but they also say

    "The bus company has some liability," Chestnut told the AP. "They knew or should have known that hazing was occurring on the bus."

    Which implies that this is about more than just forcing people to testify and IS about placing blame on the bus company as well as those who actually took part in the events that took place.

    • 1 vote
    #1.6 - Wed Jan 11, 2012 8:05 AM EST

    typical uneducated responses.

      #1.7 - Wed May 2, 2012 4:41 PM EDT
      Reply

      Typical.

        Reply#2 - Tue Jan 10, 2012 5:29 PM EST

        Perhaps you can sue the state for building the road the bus was traveling on??

        • 2 votes
        Reply#3 - Tue Jan 10, 2012 5:49 PM EST

        It doesn't sound so much as a lawsuit against the company for money, but to subpoena them. A subpoena would be a court order to compel the one being subpoenaed to testify.

        A lawsuit doesn't automatically mean someone is going after someone else for money. A lawsuit is merely settling matters through the courts. The reasons and desired outcomes are numerous, and not all involve money. A lawsuit would be required to obtain a subpoena since only the court can compel someone to testify.

        "Robert and Pam Champion said they plan to file the lawsuit against Fabulous Coach Lines to force witnesses to testify under oath about what happened to their son, Robert Champion Jr., 26, on board the chartered bus last November, according to their lawyer, Christopher Chestnut."

        • 6 votes
        Reply#4 - Tue Jan 10, 2012 6:13 PM EST

        "...Suing everyone...typical...." Hmmm...Reading is fundamental....

        San, you are correct in your assessment. Is sure seems like they filed a law suit simply to make sure the truth comes out. I am sure everyone is covering for each other and the school has a team of high profile lawyers telling people to keep their yaps shut. This may be the only way the parents can get some answers....

        • 2 votes
        #4.1 - Tue Jan 10, 2012 9:16 PM EST

        Insurance will cover costs for the bus company, but the truth needs to come out. This is a murder investigation. Using the term "hazing" makes it sound almost acceptable. I would hope that criminal charges against specific persons are made, and soon. Justice must be served. Also, I cannot imagine a more hateful crime than murder; I cannot understand why it is not pursued as a hate crime.

        • 1 vote
        #4.2 - Tue Jan 10, 2012 10:28 PM EST

        Typical. Sue the bus company. Bus companies these days make so little money, becase of so much competition, and their insurance rates are already sky-high. One lawsuit and they'll be denied insurance by most companies in the future, and they'll be out of business. How could a bus driver know that hazing was going to take place on his bus? Had hazing occured on that company's buses with that charter group in the past? Had that driver experienced his passengers hazing each other before?

        Question? How can he help load equipment and luggage and still be responsible for what's going on inside at the same time? Where were the chaperones? Where were the band director and the student's parents? When someone was being pummeled, where were the other people on the bus who SHOULD have immediately called for help for the victim, either by shouting or by dialing 911?

        Chartering a bus is a contracted arrangement between a chartering party (usually representing a group of people traveling for a common interest) and a bus company to provide that transportation for members of that group and their personal or common property. It is the company's responsibility to move people and property safely to and from their destination, protecting them from foreseeable and sometimes unforeseeable hazards of road travel,and (to some extent) helping them to board and disembark from the bus. The contract usually spells out the origin, the destination, and the times for the travel, along with any special conditions, such as provision of DVD players, sound systems, restrooms, etc.

        It is not the charter company's responsiblity to protect the passengers within that group from each other, especially in an unforseen event such as this. I've been driving charter bus for 30 years, and I've only had one incident of a fight on a bus, by a bunch of extremely drunk adults who'd gotten into an argument before they reboarded after a stop at a bar. When I learned what was going on, I called the police and they were removed from the bus. But I had to know what was going on first, and to know what's going on in the back of a 40 or 45' bus full of people talking, shouting, and even standing while boarding, while I'm in the driver's seat, or especially if I'm outside loading luggage, is nearly impossible unless someone tells me. I simply cannot be everywhere at once, and obviously, passengers would be very upset if the driver made them wait outside while he finished loading EVERYONE's stuff.

        I was fortunate. Someone told me what was going on. I immediately called 911. But this driver was not so fortunate. He driver was outside doing his job to secure the passengers property. Nobody told him. It's certainly not his fault, or the fault of his employer. They are not responsible for the actions of people unknown to them, but known to each other before boarding the bus.

        The parents should sue the school, the band, or even the band boosters. They should sue the people responsible. But to probably put a company out of business for the criminal acts individuals perpetrated while on the bus would be like punishing the police for allowing criminals to walk the streets unarrested.

        "Insurance will cover the costs for the bus company." Yes, the truth needs to come out, but not at the bus company's expense. I've NEVER had an accident claim, and it costs nearly $1,000 a month to insure a full-sized motorcoach for minimum legal coverage. With ANY claim, my rates would probably go up nearly double. Can you imagine a company with 10 buses paying $240,000 a year just for insurance? It HAPPENS! Yet customers expect special "cheaper" rates for THEM to charter the bus.

        Perhaps charter companies will have to hire police protection to ride every trip... Your charter rate is $125 per hour, plus another $100 per hour for each policeman we have to hire on overtime (with benefits) to protect you from your fellow passengers. Yeah... right!!! Just my 2-cents worth!

          #4.3 - Wed May 2, 2012 3:53 PM EDT
          Reply

          I guess they had to look hard to find someone to sue, why is it that no matter who dies and how, it seems some people just want to find someone to sue so they can profit from the death. Collecting millions on a death of someone that might had earned at most a couple hundred thousand in their life.

          • 2 votes
          Reply#5 - Tue Jan 10, 2012 7:39 PM EST

          NOwhere is mention of money. They're suing to subpoena the bus company into helping identify those who did this. I saw nothing in the article mentioned anywhere about money or compensation for damages or anything like that.

          • 3 votes
          Reply#6 - Tue Jan 10, 2012 8:53 PM EST

          This is a murder that has not been properly investigated. The family isn't looking for "millions" from the bus company, but the family is looking for more detailed answers about their son. People who are against this lawsuit seem to be against everything from liberty and justice to the 2nd Amendment that allows defense; why can't the family pursue justice for their son?

          • 1 vote
          Reply#7 - Tue Jan 10, 2012 10:31 PM EST

          How would suing the bus company get answers for their questions? The bus company's representative on-site was the driver. He was outside. The owners of the company (if other than the driver himself) weren't there at all. How would they know what happened. Suing the bus company means the company (and it's attorneys ... read hourly billing against the company) must try to supeona the passengers to find out how to defend themselves. The parents should sue the passengers, the band, or the band director. Those parties had MUCH more knowledge of what was going on than the bus driver, who was just doing his job.

          Bus drivers aren't policemen. They're transportation professionals, not sercurity pros.

          By the way, I'd assume the bus was running so the air conditioning would be working. In Florida it can get well over 120 degrees in a closed bus without A/C, even in the evening. It was for the comfort of the passengers who were either boarding or leaving the bus. Even if the lights weren't on, the reading lights would have been available for any passengers wanting light at their seats.

            #7.1 - Wed May 2, 2012 4:00 PM EDT
            Reply

            Late comment: the article noted that the bus was running. Why wasn't the driver on board if it was running? Why wasn't there an adult on board if there were students on board? No one, including the driver heard this young man? The parents do not seem vindictive at all. In fact, they are going out of their way to say they absolutely do not believe this is a hate crime. They want hazing stopped. How can anyone disagree with that? EVERY year, not just once in a while, at least one student dies. I support them and I wish them well as they continue life without their precious child. God bless them.

            • 1 vote
            Reply#8 - Wed May 2, 2012 3:13 PM EDT

            The bus was probably running so the A/C would be on for the comfort of the passengers. The driver was (according to the report) outside, loading luggage and equipment into the baggage compartments below the bus. It is standard proceedure to let the bus run while people are boarding or leaving, and while loading luggage. This apparently occured at night, so by runnning the bus, there would also be lights in the baggage compartments so the driver could see what he was doing there. It's a good question why there were no adults onboard, or at least while there was no one onboard who might have prevented this. Unfortunately, most college-aged students are 18 years old or older. You'd think people that age could be treated as adults. But then adults kill other adults every day in the US. Hold the people responsible for the group to task for finding out what happened. It's not the responsiblity of the bus company!

              #8.1 - Wed May 2, 2012 4:05 PM EDT
              Reply

              Obviously these children needed ADULT supervision.

              Why sue the bus company? Why not sue the kids (and their parents) who commited the crime? You could sue these people for a percentage of any future earnings. After they get out of jail, they can start paying. Problem solved.

                Reply#9 - Wed May 2, 2012 3:20 PM EDT

                No parent expects to send their son or daughter to school and learn that their child has been killed while participating in an on or off campus activity. We send our children to college to be educated; not to become the victims of crimes supported by the culture of hazing that exist in Greek organizations or school supported activities.

                Where there any adults/music director's staff on the bus with the students? If not, at the after the first blow, the bus company staff/driver should have stopped the bus and not move until the beating stopped. Sue the bus company to obtain the facts. Sue the school and the band staff members for not deterring the culture that existed on campus. And sue the students if they are not minors and the parent of those students who are.

                  Reply#10 - Wed May 2, 2012 3:57 PM EDT

                  Sue the tax payers who paid taxes to build the road the bus traveled on, sue the hotel for allowing the bus to park there,sue sue sue, it just never ends.

                    Reply#11 - Wed May 2, 2012 4:08 PM EDT

                    How bad is it that its strange to hear every kid made it home safe from school today.

                      Reply#12 - Wed May 2, 2012 4:16 PM EDT

                      if the father of the boy did not know of the 50 year tradition of hazing how the hell was the bus company supposed to know it. the bus company is not responsible. sue the liquor company because you got drunk and killed somebody mentality.

                        Reply#13 - Wed May 2, 2012 5:23 PM EDT

                        When this lawsuit is over and the parents have neither asked for nor have they received ANY monies from the bus company, I will be happy to admit I was wrong. Because I (like a lot of the other posters here) don't think we are.

                          Reply#14 - Thu May 3, 2012 6:38 AM EDT
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