By W. Ann Maggiore, NREMT-P, JD
The age-old traditions of hazing and horseplay in the fire service have been around since horse-drawn fire engines. However, the modern fire and EMS workplace has become diverse, and hazing incidents have gotten out of control, resulting in lawsuits and some severe injuries. Many fire chiefs and EMS administrators seem to be making a distinction between hazing and horseplay that goes too far, but whether the courts will recognize this fine line is questionable — particularly when uniformed personnel cross the line into criminal activity.
Webster’s Dictionary defines hazing as “tormenting or punishing by the imposition of a disagreeable task” and defines horseplay as “rough or boisterous play.”
But EMS administrators and fire chiefs would be wise to learn the definitions of some other related terms. Black’s Law Dictionary defines battery as “the unlawful application of force to the person of another.” The offer to use that force, coupled with the ability to do so, is defined as assault. Black’s defines false imprisonment as “unlawful restraint of an individual’s personal liberty or freedom of locomotion.”
A firefighter recruit for the Chili Fire Department in the Rochester, N.Y., area is considering filing a suit against the fire department he hoped to join because of a hazing incident that left him seriously injured. Firefighters grabbed 22-year-old Scott Cleere and strapped him to a backboard, taped his hands to his chest and tied his arms with zip ties. They pinned him town, rolled him over and carried him out of the building upside-down. They then leaned him up against the station and shut the door. Unfortunately, Cleere fell face-first onto the concrete. Unable to break his fall, he suffered severe facial fractures and broke his front teeth. He also suffered a concussion that has resulted in memory problems. Chili Fire Chief Chris Fish expressed deep sadness that the incident occurred, but maintains that it was “only horseplay.”
Last November, two Henry County, Ga., firefighters filed a complaint with the county’s human resources department, claiming they were victims of serious hazing incidents. An internal investigation turned up no evidence of hazing; instead, the county said it was simply “horseplay that got out of control.”
In the “horseplay” incidents, several firefighters dragged a firefighter from his bunk, pulled down his pants and paddled him. They threw another firefighter to the floor, breaking a tooth. One of the assaulted firefighters filed a criminal complaint with the Henry County police department, and the department ultimately disciplined four firefighters.
Last December, attorney Terry Jackson demanded that the county pay the two assaulted firefighters $250,000 in damages and threatened to sue the county if it refused to pay up. According to Jackson, county supervisors knew of the abuse. The county, however, denied that any of its supervisors were aware of the abuse prior to the investigation.
In another case, the Mount Sinai (N.Y.) Fire District agreed last December to pay $150,000 to settle a suit filed over the death of a probationary firefighter who died in July 2005 during what witnesses described as “drunken horseplay” with a chief’s car after a fire department parade. A fellow firefighter reluctantly testified that Bradford Amato, a 23-year-old recruit, was leaning into the window of the chief’s Suburban, urging Assistant Chief Frederick Hess to come along and drink at a local bar. Hess began driving down the street with Amato still half inside the window, accelerating to 8 or 9 mph. He then stopped and “played with the window,” trying to get Amato off the truck. Thinking Amato was gone, Hess took off, only to look back and see Amato lying in the street. He was pronounced dead of blunt force head trauma, but the department did not discipline Hess.
Under the laws of most states, behavior involved in these incidents could be considered criminal battery. The Chili incident also meets the definition of false imprisonment, and the Mount Sinai incident could have been classified as a negligent vehicular homicide. However, hazing and horseplay are not generally defined as crimes, although such behavior may qualify as criminal activity. The differentiation between hazing and horseplay is one that the courts have not yet made, but if the underlying actions meet the elements of a crime, the responsible individuals may be prosecuted.
In addition, incidents “targeting” such protected classes as women and minorities may qualify as civil rights violations.
The question for EMS administrators and fire department officers is: Where does hazing and horseplay end and criminal activity or civil rights violations begin?
The answer: When the acts involve unwanted physical contact or injuries, the behavior has clearly crossed the line into criminal activity. When minority groups are targeted, civil rights violations may be found — even if no criminal behavior occurred. Any humiliating or degrading activity — particularly when supervisors are involved — may invite a civil rights lawsuit for discrimination.
Most agencies have now taken a strong stance against hazing and horseplay because of several well- publicized incidents and findings in 2003 and 2004 that female and African-American firefighters had been harassed. Those incidents resulted in severe discipline and terminations, although many of the disciplinary actions were later rescinded.
Examples: In Coral Springs, Fla., a female firefighter was terrorized by being pulled from her bunk in the middle of the night and restrained. In Memphis, a training exercise referred to as “Hell Night” put an African-American firefighter recruit into a coma after he collapsed while being pushed beyond his limits. In Staten Island, N.Y., a firefighter sustained a head injury and facial fractures during horseplay when he was hit by a chair in the kitchen of the firehouse.
To avoid injuries and/or lawsuits resulting from hazing, horseplay and harassment, EMS managers and line officers must take a strict stand against abusive actions. Personnel regulations and standard operating procedures should include definitions of such prohibited behavior as horseplay, hazing and harassment, and specifically prohibit the defined activities.
Sexual-, gender-, racial- and religion-based targeting must be strictly prohibited to prevent civil rights lawsuits, as should any “games” of a sexual nature.
Criminal activity should be treated as what it is — and prosecuted. Supervisors must be taught to properly oversee conduct that verges on becoming dangerous or inappropriate.
Be on the lookout for this type of activity, and stop it before it becomes a crime — and before someone gets hurt.