Analysis Hypothetical

We represent Mike is a freshman at Michigan state University wanting to become more active, he joined an intramural rugby club at MSU. Mike is not very athletic but wanted to join regardless. Mike's team was not very good. After losing their first 4 matches of season, the team began to blame Mike they tried to get him to quit but he was steadfast. They even threatened him with physical violence. Mike reported the threats to a school counselor as well as campus safety and security.

After losing another2 matches, Mike's teammates cornered him on his way back to his dorm.

They beat him severely leaving a large scar on his leg and knocked out one of his teeth. They then held him down and poured whiskey down his throat.

Mike and his parents want to sue the school under the below statute. Does Mike have a cause of action against the school? Draft a short analysis as to whether the facts in his case apply to any portions of the statute.( you are only to consider the below statute. You need not explore any case law.)

Statute:

MCL.700.4589 Institutional Hazing

1. Hazing is defined as follows:
2. Any willful act or situation created, whether on or off school premises, which recklessly or intentionally endangers the mental or physical health of any student;

Or

1. Any willful act, whether on or off school premises, by any person acting alone or with others in striking, beating, bruising or maiming of any student for the purpose of initiation or affiliation with any school sanctioned organization.
2. The academic institution is liable for hazing if:
3. It occurred by members of a campus group; and
4. It has notice.