TALLAHASSEE (CBS4/AP) — A  judge will decide whether a lawsuit filed by the family of a Florida A&M University drum major against the school will go forward.

FAMU is asking that the suit filed by Robert Champion’s parents be thrown out. Champion died last November after a violent hazing ritual.

Monday’s filing by the university said the lawsuit should be dismissed on several grounds. Among them, the university claims Champion should have refused to participate in hazing events. The university also says taxpayers should not be held liable for what it called Champion’s imprudent and avoidable decision.

An attorney for the Champion family says it’s committed to clearing Champion’s name and holding FAMU accountable for allowing hazing to go on for years.

Champion died after being beaten by fellow band members aboard a bus parked outside an Orlando hotel after a football game.

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