Kentucky House passes anti-hazing law drafted after Henderson teen's death

Houston Harwood, Evansville Courier & Press
·3 min read

The Kentucky House of Representatives approved increased criminal penalties for hazing last week, in part thanks to the advocacy work of Henderson residents Tracy and Kirk Hazelwood, whose son Lofton died from alcohol poisoning at the University of Kentucky.

Lofton, who was 18 when he began attending UK as a freshman, had pledged the FarmHouse Fraternity when he died Oct. 18, 2021, police said. The Henderson native was the youngest of four siblings and hoped to pursue a career in agriculture.

Researchers say hazing remains a deadly cultural force in the United States: Between 1959 and 2021, there has been at at least one reported hazing death connected to a U.S. school, club or organization annually.

Here's the basics of how Kentucky's hazing laws could change and the bill's path through the legislature:

  • Sen. Robby Mills, R-Henderson, and Rep. Jonathan Dixon, R-Henderson, proposed "Lofton's Law" in October after listening to testimony from Lofton's parents.

  • The bill would make hazing a Class D felony in Kentucky. Reckless participation in hazing that does not cause physical harm would be upped to a Class A misdemeanor.

  • The Senate previously passed the bill with a 27-7 vote, and House members voted overwhelmingly Wednesday to approve the new law, which now awaits Governor Andy Beshear's signature.

Previously:Kentucky 18-year-old remembered for love of outdoors after death at UK fraternity

Tracy and Kirk Hazelwood, alongside Kentucky legislators, said hazing by the FarmHouse Fraternity, a Greek organization, contributed to Lofton's death. UK police said an investigation failed to prove Lofton was forced or coerced to drink excessively.

However, the university revoked FarmHouse's student-organization status in the aftermath of Lofton's death. Mills previously said it was "well-known that FarmHouse hazed their pledges," He also said the fraternity had been "caught participating in hazing and excessive drinking."

During her testimony in support of the bill last October, Tracy said hazing was "out of control."

"Kentucky needs a law against hazing," she told the Interim Joint-Committee on Justice and Judiciary. "No parents should have to experience what we have had to experience losing our son. We need this law to pass as soon as possible."

More:What we know about the frat house death of University of Kentucky student Lofton Hazelwood

Mills said in a statement that passing Lofton's Law is a "win" for the state. He credited Tracy and Kirk with pushing the consensus toward upping hazing penalties in Kentucky.

"Without their efforts, this legislation may not have come to fruition," he said. "They remain in our prayers as they deal with the grief of losing their son."

Hazing claims lives nearly every year in United States

Kentucky statute defines hazing as any action which endangers the physical or mental health of a minor or student for the purpose of recruitment or initiation into a club or organization. Under Lofton's Law, students would not be able to use their efforts to gain consent from hazing participants as a defense in court.

However, the law could provide a defense to those accused of hazing if the acts are considered "reasonable and customary" in law enforcement, military or athletic training context — a caveat included in most hazing laws in the United States.

More:Kentucky legislators seeking change in law after Henderson teen's hazing death at UK

More than 100 people in the United States have likely died since the year 2000 due to hazing, according to Hank Nuwer, a Franklin College emeritus professor who tracks hazing deaths throughout the country.

Nuwer and anti-hazing advocacy groups said 2022 was the first year in decades for which there were no reported hazing deaths in the United States. If Beshear approves Lofton's Law, Kentucky would become the 14th state in the country to classify hazing as a felony.

“Sadly, Lofton lost his life to unnecessary and reckless actions," Mills said after legislators approved the bill. "Still, his memory will live on in Kentucky history and his legacy will save lives in our commonwealth."

Houston Harwood can be contacted at houston.harwood@courierpress.com

This article originally appeared on Evansville Courier & Press: Kentucky passes 'Lofton's Law' related to Henderson teen's death