Deadly Rite?

Father's Suit Says Hazing Led to Teenager's Death at UM
by Julie Kay
May 2, 2002

Miami Daily Business Review --A University of Miami fraternity plied a young pledge with alcohol and forced him to swim across an on-campus pond during a hurricane warning in a hazing incident that led to his death, according to a lawsuit filed Wednesday in Miami-Dade Circuit Court.

The suit was brought by William Meredith of Indiana, father of Chad Meredith, against Kappa Sigma headquarters in Virginia, Miami chapter president Travis Montgomery and fraternity brothers Timothy Williamson and David May.

Chad, an 18-year-old freshman at UM, drowned Nov. 4, 2001, while attempting to cross the pond known as Lake Osceola. Police said he had been drinking, but initially said the incident was not caused by hazing. David Bianchi, a partner with the Miami law firm Stewart Tilghman Fox & Bianchi, said he filed the lawsuit after conducting his own investigation and discovering that hazing had indeed occurred. He said the University of Miami may be added to the lawsuit later if further investigation shows it was also liable.

"The reason why we took our time was that we wanted to do a full investigation," said Bianchi. "The more we learned, the more convinced we were that this should never have happened, that the leaders of the fraternity did not do what they were supposed to do and keep him safe. They were supposed to make sure he wasn't drunk. They took this young man under their wing."

Bianchi is suing the fraternity on four counts: negligence, breach of fiduciary duty, breach of duty to aid and/or rescue, and default on obligations. The suit seeks unspecified damages.

Sarah Artecona, a university spokeswoman, said hazing is strictly forbidden and a written policy against it is provided to every fraternity and sorority. She said federal confidentiality laws preclude her from saying whether the students had been or would be disciplined.

Mic Wilson, executive director of Kappa Sigma in Virginia, declined to discuss the suit. He said, "Our chapter is devastated about this young man's loss. They were friends with him."

Contacted at the fraternity and told about the lawsuit, Williamson said, "This is so ridiculous I don't even want to respond."

Montgomery and May were not available.

According to the complaint, Meredith planned to study law at UM and was "on the way to obtaining recognition on the Dean's List" when he pledged Kappa Sigma. According to the fraternity's Web site, it is the sixth-largest fraternity in the country, with 200 chapters and 200,000 members. Past members include Robert Redford, Robert Dole and Ted Turner.

The Web site also notes that the fraternity forbids hazing. In fact, Kappa Sigma was required to contractually agree with UM to refrain from hazing in order to remain on campus.

Still, hazing was a common practice at the local Epsilon Beta chapter of Kappa Sigma, the lawsuit charges. It took place at an off-campus house called the "Bongalow," as well as at the official fraternity house, the lawsuit states.

One typical hazing ritual required pledges to chug two beers through what is known as a "beer bong" in less than 10 seconds. If pledges failed to complete this task they would be thrown into a shower, according to the lawsuit.

On the evening of Nov. 4, a Sunday, Meredith attended a free concert at UM. Afterward, he phoned his parents and girlfriend and told them he planned to stop by the fraternity house and go to bed early. According to the lawsuit, he told them he was still exhausted from secret pledge events he was required to participate in Friday night and Saturday morning.

But he wasn't allowed to turn in early. Over the next several hours, Montgomery, May and Williamson "plied Chad with alcohol in amounts sufficient to raise his blood alcohol level to .15, nearly two times the legal limit." They then "coerced and forced" the pledge to swim across Lake Osceola despite Meredith's "well-known fear" of swimming and even though the approaching Hurricane Michelle made the waters rough.

As Meredith crossed the pond, he realized he would be unable to complete the swim and screamed for help. His three fraternity brothers heard him but failed to act, the suit claims.

Meredith drowned and police divers recovered his body.

Copyright 2002 NLP IP Company - American Lawyer Media

Fraternity Violations Reach Boiling Point
By: Iliana LimŪn
Daily Lobo
University of New Mexico
April 24, 2002

University administrators are considering revamping how they treat Greek organizations after one fraternity's national charter was revoked and a member of a separate fraternity was accused of raping a student.

The national office of Sigma Chi fraternity revoked the UNM chapter's charter April 20 after reviewing a series of violations it received from the Dean of Students Office.

The decision by the national office means the group cannot use the fraternity name and effectively has been dissolved.

In a different incident March 23, an 18-year-old student accused a Sigma Phi Epsilon fraternity member of raping her during a party at the group's house at 1705 Mesa Vista Rd. SE. The woman, who is a member of a UNM sorority, told police that she had been drinking alcoholic beverages. She named Matt J. Stafford, 22, as a possible suspect.

"As an institution, we are again having to ask ourselves why we are having these chronic problems," Dean of Student Randy Boeglin said. "We may have to address what role alcohol plays with the Greek organizations in terms of bad decision-making. This is a cycle that we have to break."

The fraternities and the woman involved in the altercation could not be reached for comment. Boeglin said that the University has conducted a hearing with the Sigma Phi Epsilon members about alcohol violations noted in the woman's police report.

He added that the individual facing sexual assault charges has a few days to respond to a complaint from his office. If he chooses to ignore the request, Boeglin may issue a judgment based on the information his office has collected.

Boeglin said similar questions about problems with fraternities and sororities had surfaced in the past and the recent problems only punctuated the need for great University attention.

"We have to make it clear that this behavior is not acceptable," he said.

The problems that led to the national office's decision to revoke Sigma Chi's charter began in December 2000 when a fraternity member taped a swastika to a black female student's illegally parked car.

In response to the incident, which drew several campus protests and received national attention, the University placed the fraternity on probation.

Boeglin said the group proceeded to violate the probation and accrued numerous rule violations during the past few months. The infractions, according to Boeglin, included:

- Alcohol consumption in violation of Greek life policy;

- Alcohol consumption on the roof of the fraternity house;

- Catcalls from fraternity members that disrupted students' educational experience;

- Damaging an Angel Fire, N.M., hotel during a recent fraternity event.

"We notified the national organization that we were pursuing an investigation based on all of these reported violations, and they decided to go ahead and revoke the charter after reviewing the information we sent them," he said. "They benefited from not having to worry about due process and being able to act quickly, while we have to give so many days notice and allow for hearings."

The University will continue its hearing scheduled for Friday to determine potential punishment for the violations despite the national chapter's decision that effectively dissolves the group.

"We want to send a message to the rest of the Greek organizations that this kind of behavior will not be tolerated, so we will issue a ruling," Boeglin said.

The Sigma Chi house north of Dane Smith Hall is owned by the national organization, which controls the future of the property. The national office could not be reached for comment.

While admonishing the two fraternities for the incidents, Boeglin did note that the Greek community has made significant contributions to the University.

"It has healthy elements to it and provides students with a sense of affiliation, unique leadership and contributes tremendously through philanthropy," he said. "They do many, many wonderful things and those should not be overlooked but that does not say that we shouldn't pay attention to the unhealthy elements. Something needs to change."

Boeglin said that his office will likely revamp the basic community standards students in Greek organizations must follow to be recognized by the University.

"We need to continue measures being implemented by the Greek Life Office to establish a more healthy lifestyle," he said. "We can set a bar for ourselves that we must reach. To a certain degree, it doesn't come from external enforcement alone and has to come internally. It's kind of like parenting, you can't be a parent to a child all your life. Just as is the case with children, at some point our fraternal communities must accept responsibility for their actions."

3 U OF H STUDENTS CHARGED IN DRUG RAID;ARRESTS STEM FROM COMPLAINTS INVOLVING HOUSE WHERE SEVERAL MEMBERS OF FRATERNITY LIVE

The Hartford Courant
February 25, 2003
JOHNNY MASON; Courant Staff Writer

BLOOMFIELD --Except for its location among a row of commercial buildings and heavy traffic, the gray single-family colonial with the black shutters at 743 Cottage Grove Road looks like most houses in town.

But when police conducted a raid Sunday at the house, which displayed an American flag, they arrested four people and said they seized cocaine, marijuana, steroids and eight kegs of beer.

Bloomfield police and officers of the North Central Narcotics Municipal Task Force searched the house with a warrant at 11:30 Sunday morning, said Bloomfield Police Lt. Jeffrey Blatter.

The house is the residence of several members of the University of Hartford's Tau Kappa Epsilon fraternity, and has been used as its unofficial fraternity house to host parties and fraternity meetings, police said.

The warrant was prompted by reports to police of drug use and underage alcohol use and allegations of sexual assaults involving the date-rape drug GHB, Blatter said.

Police conducted the raid Sunday morning for "strategic reasons," said Blatter, who refused to describe them.

Police have responded to 17 complaints, including six about excessive noise, at the address in the past 21 months, he said.

Arrested were three University of Hartford students: Thomas J. Legg, 21, of North Bergen, N.J., who was charged with delivery of alcohol to minors and possession of marijuana; Ryan C. Sciiloss, 21, of Jenkintown, Pa., charged with possession of narcotics, possession of marijuana, delivery of alcohol to minors, possession of drug paraphernalia and failure to keep a narcotic in its original container; and Kenneth Ruben, 20, of Mount Sinai, N.Y., charged with possession of cocaine, possession of marijuana, possession of steroids and possession of drug paraphernalia.

Nicole M. Dimone, 18, of Mount Sinai, N.Y., who is not a University of Hartford student, was charged with possession of cocaine, possession of marijuana and possession of drug paraphernalia, police said.

Robert Schwartz, who owns the property, said the students have rented the house for less than a year, and he has never had any problems with them or visitors. He said he has no plans to evict them.

In November, the house was the scene of a home invasion that resulted in the arrest of eight University of Hartford lacrosse players and two others last month.

Police said the players broke down the front door and caused nearly $1,000 in damage by breaking bedroom doors, smashing windows and wrecking furniture. Several of the fraternity members, including Legg, Ruben and Sciiloss, were punched and kicked, police said.

The eight team members and two former team members were charged with first-degree burglary, first-degree conspiracy to commit burglary, second-degree criminal mischief and disorderly conduct, police said.

University of Hartford spokesman David Isgur confirmed the three arrested males were University of Hartford students. The college has no plans to take disciplinary action until after the outcome of their cases, Isgur said.

On Monday, the Cottage Grove Road house was quiet except for one man, who upon emerging and getting into a car refused to identify himself and would only say the charges were untrue.

Copyright 2003 The Hartford Courant Company

Fraternity Linked to Drinking Death
The Associated Press
Volume 86 Number 21
Thursday, February 08, 2001

CHICO, Calif. --Three members of a fraternity at California State University, Chico, were sentenced to 30 days in jail in connection with the drinking death of an 18-year-old.

Pi Kappa Phi president Brandon Bettar and members Richard DeLuna and Sam Dobbyn, all 21, pleaded no contest Monday to a misdemeanor charge of furnishing alcohol to a minor causing death.

The men begin their sentences next month and are expected to apply to serve their time on nights and weekends.

[My note: Unbelievable!! Do any other criminals get to serve their jail time on nights and weekends only!?!?]

They were charged in connection with the Oct. 7 death of Andrew Heideman, 18, a freshman member of the fraternity. Police reports show Heideman died after a party where he tried to drink a bottle of brandy.

The national fraternity has moved to revoke the local chapter's charter and agreed to erect anti-drinking billboards in Chico in memory of Heideman.

A lawyer for the fraternity said it will circulate among its 140 chapters a tape of a 911 call during which the men can be heard frantically trying to revive Heideman.

One Year After Death, No Changes in Alcohol Policy
By Sarah Beth Clark, Staff writer
Feb. 14, 2003

One year after the death of university student Daniel Reardon - the second of two deaths last academic year related to substance abuse within the Greek system - top Greek life officials contend the tragedy was not a reflection of the tight-knit community.

Fraternity pledge period begins this week, but no significant alcohol policy changes have been made since last year's tragedy. Greek Life Director Matt Supple said he thinks current restrictions are enough to prevent future deaths.

"I'm not so naive to think it couldn't have been a residence hall student, it couldn't have been an athlete, it couldn't have been just a regular student who lived in an off-campus Greek house who drank too much," Supple said.

Reardon was found unconscious on the floor of the former Phi Sigma Kappa fraternity house at 7 Fraternity Row early on the morning of Feb. 8. He died six days later after his family decided to cut his life support. An autopsy revealed that Reardon's blood alcohol level was as high as 0.50, well over the legal limit of 0.08.

Reardon, a boarder in the fraternity house, had accepted a bid from the fraternity the night before his death and was seen drinking Jim Beam liquor with other fraternity members.

Initial investigations targeted illegal hazing as a factor in Reardon's death, drawing negative attention to the Greek system.

"I think lots of people would say, well its just a Greek problem," Supple said. "And I think even some of our fraternities and sororities would say that's not a Greek problem, it's a Phi Sigma Kappa problem. Ironically, even within Phi Sigma Kappa, I think some people would say, this isn't a Phi Sigma Kappa problem, it's a Daniel Reardon problem."

Two weeks after Reardon's death, Phi Sigma Kappa's international headquarters revoked the university chapter's charter and the university forced members out of the house. The Reardon family filed a million lawsuit in November against The Grand Chapter of Phi Sigma Kappa, former chapter President Gary Kaufman and former Pledge Inductor Brian McLaughlin. Kaufman declined to comment, and McLaughlin could not be reached.

"It's a tragic loss. This was a kid who loved life," said father Daniel Reardon. "He was everything you could want in a child. You don't send your kids to college to die."

Since the death, the Interfraternity Council - the umbrella organization of the 23 fraternities on campus - has made only a minor change to its alcohol management policy. Its "bring your own beverage" policy was tightened so that guests of legal drinking age at fraternity parties can bring no more than six cans of beer, down from 12.

IFC events are governed by other regulations. No alcohol can be purchased through the chapter treasury and alcohol can only be served on Thursday, Friday and Saturday events to no more than 250 people that register with the IFC the Tuesday prior. The party Reardon attended was not registered through the IFC.

An alcohol task force was initiated last summer in direct response to Reardon's death. The group of 20 faculty, staff and students was organized to investigate the nature of alcohol consumption and underage drinking on campus. A report will be released next fall.

Patricia Mielke, assistant vice president of student affairs, said blame cannot be isolated to the Greek system.

"Students learn their drinking behaviors well before they get to college campuses," said Mielke, a member of the task force.

Reardon's death was the second of two student fatalities last year. Five months prior, Sigma Alpha Epsilon member Alexander Klochkoff was found unconscious on the porch of his fraternity house. His death was linked to the club drug GHB, or gamma hydroxybutrate.

Though tainted by the deaths, the university's Greek system is one of the best in the country, Supple said.

"I would like to believe that we would come to a day when it wasn't acceptable to be rip roaring drunk in public and to throw up would be a curse rather then a badge of honor," he said.

University Freshman Victim of Alleged Rape at Fraternity Party

A University freshman was allegedly raped Sept. 29 during a party at the Zeta Psi fraternity.

The unnamed victim was intoxicated at the time of the assault, according to a witness who spoke to The Minnesota Daily on condition of anonymity.

At about 10 p.m., the 18-year-old victim was taken into the fraternity house's attic by the alleged assailant, the witness said.

Though police said they have a suspect, there have not yet been any arrests. The suspect was also unnamed according to the police report.

After the alleged rapist emerged from the attic, he immediately left the house, the witness said. The victim came downstairs several minutes later. Blood was on her arm and she was crying hysterically, according to the witness.

Police arrived on the scene soon after and the victim was rushed to the hospital, the witness said.

The suspect is not a member of Zeta Psi but was just there for the party, the witness said.

Fraternity President Chad West would not comment on the incident and Zeta Psi Alumni President John Stacy could not be reached.

The Minneapolis Police Sex Crimes Unit is investigating the alleged assault.

from http://www.mndaily.com/daily/2000/10/10/news/new3/

County Attorney Drops Fraternity Rape Case
By Liz Dailey
Arizona Daily Wildcat
February 23, 1999

The Pima County Attorney's office last week decided to drop an alleged rape case brought against a member of the UA's Beta Theta Phi fraternity.

Deputy Pima County Attorney Lewis Brandes handed down his decision to UAPD last week.

"There was insufficient evidence," Brandes said. "She was tested for various date-rape drugs but we found nothing."

The female student, who told University of Arizona police four months ago that she was raped by a fraternity member, refused comment yesterday.

UAPD received lab results from the Sexual Assault Resource Service on Nov. 16. The report stated the female student had "multiple genital injuries."

But the physical evidence gathered during the student's medical exam did not prove she was raped, he said. Brandes added that the student's recollection of the events were hazy.

"She wasn't very conclusive about remembering things," Brandes said. "Date-rape cases are the hardest to prove."

The Arizona-Sonora dorm resident told police Nov. 16 that a man she knew for about two weeks raped her after a fraternity function.

The pair consumed alcohol Nov. 14 at a friend's house, a Greek formal, and the Beta fraternity house, 645 E. University Blvd., the female student told police. She did not feel intoxicated when she arrived at the fraternity member's residence, reports stated.

The female student told officers she lied down on the bed because she felt a "buzz" after drinking champagne at the house. The man offered her a T-shirt and shorts, which she accepted, reports stated.

In the police report, the woman stated she remembered kissing the fraternity member, and also said he tried to remove her shorts.

The student told police she awoke the next morning and found it painful to urinate. She then asked the Beta member if they had sex, and he said 'yes,' reports stated.

The female student and the fraternity member both confirmed to police that the woman had said she did not want to have sex, reports stated.

The Beta member told police Nov. 17 he did not "force himself" on the female student, and she never "passed out," reports stated.

The female student has attended meetings regularly at the Oasis Center for Sexual Assault and Relationship Violence since the incident occurred.

"We've had 52 sexual assault reports on campus for the 97-98 school year," said Roberta Moore, an Oasis employee advocate. "Most of those are not reported to the police."

UAPD Cmdr. Brian Seastone said four on-campus rapes were reported to university police in 1997 and four in 1998

[My note: This is another reason why acquaintance rapes are rarely reported--after everything that woman went through: the exam, the reporting, repeating her story over and over...she ended up being told "we don't believe you"]

Rape Allegations Result in Fraternity Sanctions: 2: 2
By Josh Hartmann, Chairman

Concern about alcohol use was heightened after a student claimed she had been raped at a party at which alcohol had been served to minors.

An MIT sophomore reported to the Boston Police that she was raped by Thomas M. Fahy '91, a member of the Sigma Alpha Epsilon fraternity, after a December 1990 party at SAE.

While a court magistrate later ruled that formal charges were not warranted, the Office of the Dean for Student Affairs placed SAE on probation for providing alcohol to minors.

"It has been determined and acknowledged by the fraternity that SAE fraternity allowed minors to consume alcohol that was provided by the fraternity at a social event" that night, stated a letter to SAE from James R. Tewhey, associate dean for student affairs. The conditions of the probation included a ban on the use of alcohol at all fraternity social events.

Alcohol played a significant role in the incident, according to a source who was close to the alleged victim. "If [the victim] were sober, this never, ever would have happened," the friend said.

According to the source, both Fahy and the woman consumed alcohol at the party, although they did not attend the party together. The woman became drunk after her own date became "very drunk and . . . passed out," the source said. The source said after the alleged victim became drunk she then flirted with Fahy.

A lawyer for Fahy, however, disputed that the alleged victim was drunk, citing interviews with male and female witnesses.

The sanctions "address what the fraternity was at fault for, which was providing alcohol to minors. What happened as a result, the alleged rape, is being dealt with through [other channels]," said Neal H. Dorow, advisor to fraternities and independent living groups.

[My note: another example of womens' lack of freedom. We obviously are not free to get drunk, nor are we free to flirt with men--if we don't want to get raped. Even this girl's "friend" seems to place the blame on the victim, by implying that it was her being drunk that was the reason she was raped.]

Frats Star in ASU Porn Film
by Kristina Davis
The Arizona Republic

A pornographic video shot at four Arizona State University fraternity houses and featuring a student vice president has prompted an investigation by administrators who fear it could undermine long-standing efforts to rid the campus of its party school reputation.

The professionally produced video, Shane's World #29: Frat Row Scavenger Hunt 3, features ASU fraternity members performing sexual acts with porn stars.

An ASU staff member told university officials about the video in early July.

"There are clear violations of . . . the student code of conduct," said Virgil Renzulli, ASU vice president of public affairs. "There will be an ongoing investigation into any individuals involved. It's inappropriate for fraternities to permit these kind of things. You can party, but this goes beyond that. This is misconduct."

Bob Soza, dean of student life, said the campus judicial affairs office is investigating Theta Chi, Sigma Phi Epsilon, Kappa Sigma and Sigma Nu, a fraternity already serving a two-year suspension for hazing, for their involvement in the video.

"It goes without saying that this type of behavior has no place in the university setting," Soza said. "(Former ASU President Lattie) Coor in his tenure provided enormous leadership in establishing ASU as a Research 1 university, developing the honors college and undergraduate research. Does this kind of incident cause harm to the institution? Absolutely. It is not tolerated or accepted as part of the standards set by previous or current administrations."

Not an ordinary scavenger hunt

The video apparently was shot last September, when a Shane's World crew pulled up in front of the various houses unannounced in a Hummer limousine and asked members to be part of a sexual scavenger hunt.

The crew, split into two teams of two women each, participated in sex acts with fraternity members to earn points. The team with the most points won the hunt.

Fraternity members never participated in sexual intercourse with the women, but they used sex toys and other objects. Action went from house to house and took place in bedrooms, living rooms, the limo and poolside.

The video even films a dare on a public campus lawn and one in front of Manzanita Residence Hall.

The video is one of the most frequently rented videos in local adult stores.

"It is very popular. We even had to special order more copies," said Alicia Henry, manager of Fascinations at 16428 N. 32nd St. "We get a lot of college age kids in here asking for it, but we get a lot of older men, too."

Student leader plays a role

Sigma Nu member Brian Buck, 23, executive vice president of the Associated Students of ASU, is one of the first participants and is featured in a shower scene.

"I'm not apologizing for anything I did," Buck said. "The way I see it is 200 fraternity guys having a good time. It's not like we planned it, it just happened."

Buck, who recently began his student government duties, said he is not afraid the incident will turn into a scandal.

"It's not an impeachable offense," he said. "I wasn't in office when it happened. It's not like this is Harvard. I can't see ASU students getting too upset about it.

"The only thing I care about is my family. How do you tell your family you were in a porno? They don't pay for me to go to school to be in pornos."

Now, it's just a fading memory

ASASU President Mike Leingang agreed that the video probably won't affect Buck's elected position.

"He (Buck) has put all this behind him and is ready to do the best job he can do representing the students," said Leingang, whose Theta Chi fraternity also participated in the video. "I don't think the (ASASU) senate will want to make a big deal of this."

Leingang said that he did not participate in the video and that the Theta Chi members who did are no longer at ASU.

ASU's student code of conduct includes clauses against the unauthorized use of university property and sexual misconduct on campus or within organizations.

The code applies to all student organizations and individuals, and punishment ranges from probation to expulsion to a lifetime ban from campus.

The video attempted to prevent identification by blacking out participants' eyes and fraternity logos.

The judicial affairs office hopes to wrap up the investigation within the next four to six weeks. Any appeals made would then go to the university hearing board and could take an additional 20 to 30 days.

City, Police Mum on Lawsuit
By Ashton Daigle
January 25, 2002
From www.courttv.com

The Hammond Police Department was served Thursday with a copy of a lawsuit filed by the parents of a Southeastern Louisiana University student who killed herself in her Baton Rouge home last year. (She hung herself)

Doug Brown, the city's in-house attorney, confirmed that the city was served Thursday, but declined to comment further.

When and if the city decides to comment on the pending litigation, all statements will be made through the city's public spokesman Nick Gagliano, Brown said.

Gagliano said this morning that he had not had a chance to read the petition and also declined to comment.

Thomas and Sandra Garza filed the civil lawsuit last week in Baton Rouge that claims their daughter, Courtney Garza, was raped during an off-campus Delta Tau Delta party on Feb. 6, according to Greg Rozas, the family's attorney. (in another article, it's revealed that the family alleges that she was drugged)

Garza, 21, was allegedly forced by Paul Upshaw, named as a defendant in the suit, to have sexual intercourse against her will as part of a Delta Tau Delta activity commonly known as, the "test," the lawsuit states.

There are no records of criminal charges against Upshaw, officials with the 21st Judicial District Attorney's Office said Thursday.

The "test" is an ongoing activity where active members of the fraternal organization allegedly test females to determine whether or not they were sexually active, the lawsuit states.

According to Rozas, Upshaw was an active member of Delta Tau Delta when the alleged offense took place.

Without naming Upshaw, Gart Eberhardt, a spokesman from Delta Tau Delta's international headquarters in Carmel, Ind., told members of the Associated Press that the fraternity member allegedly involved in the case has been suspended from the organization.

The Hammond Police Department and Officer Edwin Bergeron, along with SLU and the local and national chapters of Delta Tau Delta, are also listed separately as defendants in the lawsuit.

The lawsuit alleges that Garza was subjected to continuous threats and harassment by local Delta Tau Delta members in an effort to dissuade her from filing criminal charges against Upshaw. (The fraternity is still active on-campus)

Bergeron attempted to further dissuade Garza from filing charges by informing her that her efforts to report the rape to police would be in vain and that no official action would be taken against Upshaw, the suit states.

Bergeron also allegedly told Garza that if she continued to communicate her allegations, she would be sued for slander and/or defamation, the suit continues.

Bergeron is still employed by the city as a police officer, city personnel officials said. Inquiries into Bergeron's disciplinary file went unanswered by the city, as they are protected by the state constitution's privacy laws.

Police Chief Roddy Devall also declined to comment on the investigation of the alleged rape and refused to confirm whether or not the department ever held an internal investigation regarding the allegations against Bergeron.

According to prior news reports, SLU, the fraternity and Hammond police investigated to determine what, if any, allegations in Garza's suicide note were valid. Police then told The Daily Star in mid-April that a lone suspect was being questioned. It remains unclear whether or not Upshaw was the suspect questioned by police in April.

District Attorney Scott Perrilloux said Wednesday that his office did not investigate the alleged incident.

"We didn't really know anything about it until after she committed suicide," Perrilloux said. "I was approached by the family, who asked us to look into it. As a practical matter, I told them that it is virtually impossible to prosecute a rape charge without the presence of a victim."

The lawsuit also claims that Garza went to the university's counseling center, told a counselor about the rape and threats and reported she was experiencing suicidal thoughts. (usually, if a student is suicidal, something is done. In her case, absolutely nothing was done.)

Fraternity Suspended After Death
By NATALIE PATTON
REVIEW-JOURNAL
Saturday, October 12, 2002

University of Nevada, Reno freshman A.J. Refuerzo, who drowned this week in the campus's Manzanita Lake during a fraternity outing, was remembered Friday as a kind, smart teenager who wanted to be a doctor.

"He's a very good boy," his tearful mother, Editha Day, said in an interview. "It really breaks my heart. I can't believe it."

Day was working at a Strip casino around 4 a.m. Thursday, when Reno police divers found Refuerzo's body in the murky waters of the man-made lake featured in many UNR photographs. Day's husband learned first of the Centennial High School graduate's death and picked up his wife from work to tell her the 18-year-old had drowned.

UNR spokesman John Trent said UNR police continued Friday to interview between 20 and 30 students who were around the lake in the early morning hours of Thursday. Pending the outcome of the police investigation, UNR officials on Friday suspended recognition of the Pi Kappa Alpha fraternity, which had members of its pledge class swimming at the lake during the time of the drowning. The suspension bars the fraternity from participation in Greek activities.

"The police are still trying to put all the facts together to decide whether it was," Trent said when asked about the possibility that Refuerzo died during fraternity hazing activities.

Once police interviews are complete, school officials will conduct their own review to determine whether there were any violations of the student conduct code that could have contributed to the death. Hazing is prohibited under Nevada law.

Refuerzo, whose full name was Albert Jerome Refuerzo Santos, was part of a group of Pi Kappa Alpha pledges who were at the lake just past 2 a.m. Thursday when others in the group noticed he was missing, police said. Divers recovered his body about two hours later. His death was ruled a drowning, although additional test results were pending.

"We don't know what happened," Day said. "We don't know the whole story. If I could only bring him back, he'd tell me. He never lies."

One thing Refuerzo was not good at was swimming, Day said.

University President John Lilley issued a statement Friday calling the drowning a heartbreaking tragedy.

"Albert was only embarking on his life's journey when it was cut short," Lilley said. "Our deepest thoughts and prayers remain with Albert's friends and family during this difficult time."

Refuerzo, who was born in the Philippines, graduated from Centennial High School in May after doing much of his high school work at the northwest Las Vegas school. For his high grades, he earned a Millennium Scholarship award of ,000 in state college aid that could have paid for much of the costs of the undergraduate biology degree he planned to get before applying to medical school. His mother also said her workplace awarded Refuerzo a scholarship for his high grades and scores on college entrance exams.

"It's not even been two months since he left," Day said about her son's departure to UNR.

Day, who also has a 2-year-old daughter, said her family tried to talk Refuerzo into staying close to home and going to UNLV for his first two college years. "That's where he wanted to go," she said about UNR. "We couldn't stop him."

Day said her family talked regularly to Refuerzo, but she did not know her son was pledging a fraternity.

Pi Kappa Alpha was established on campus in 1986 and does not have a fraternity house, Trent said. There are 10 other fraternities and four sororities on the campus. They have suspended all activities for at least a week.

UNR student body President Alicia Lerud said students at the Reno school were saddened by the freshman's death.

"I think everyone on campus is, quite honestly, shocked," Lerud said. "There's always the mentality that this won't happen."

Lerud said many students were finding out about Refuerzo's death via e-mail.

She said questions about whether Refuerzo's drowning was related to hazing are making a difficult situation worse.

"We don't know what happened, but everyone has their suspicions," Lerud said.

She said UNR, like other colleges, continues to deal with the remnants of hazing traditions, where freshmen are initiated into Greek life by being forced to do dangerous or humiliating things.

"Throughout the country, the amount of hazing has gone down significantly, but it is still a problem," Lerud said. "It's still here."

No specific plans had been made Friday to memorialize Refuerzo, but Lerud said she expects a campus service or vigil will be held next week.

The Associated Press Contributed to This Report

Copyright © Las Vegas Review-Journal

Death Leads to Fraternity Alcohol Ban
by ERIN N. EMCH, Reporter

Most fraternity brothers agree they would do anything for their little brother.

But for one University of Iowa Lambda Chi Alpha brother, it may mean going to jail.

On Sept. 8, 1995, Matthew Garofalo, a Lambda Chi Alpha pledge, died after drinking heavily with his fraternity brothers after their Big Brother-Little Brother ceremony.

"Big-Little night is the night we match up the associate members with their big brothers," said Kenny Adkins, Marshall Lambda Chi Alpha member. "They get their first official letters. It's special to us, because it's when the true bonding begins."

Most Lambda Chi Alpha members agree that a big brother is supposed to educate his little brother on the fraternity and its practices, and look out for him as if he were a biological little brother.

According to a Supreme Court ruling, because drinking is not part of the actual ceremony, and "no chapter funds were used to purchase liquor," the person being held responsible for Garofalo's death is his big brother, Chad Diehl.

"I feel that, although he's dead, he [Garofalo] should be held partially responsibility. I agree that his big brother [Diehl] should be held partially responsible too, but I not sure if he should be held solely responsible. It could go either way," said Matt Hill, Marshall Lambda Chi Alpha member.

The ruling is the first of its kind. Until now, individual fraternity chapters and national fraternal organizations were held responsible for occurrences of this type.

Due to Garofalo's death, the University of Iowa has taken steps to curb Greek drinking. In 1995, they closed their Lambda Chi Alpha Chapter. Three years later, all University of Iowa fraternities volunteered to go dry. In 1999, the university banned alcohol from all fraternity houses.

"I think it was right to close it [the chapter], but there should have been a stipulation that they could return later," said Stephen Foster, Marshall Lambda Chi Alpha member. "It was irresponsible of them to let someone get that drunk and then not take care of him."

According to Jeff Botroubek, national Lambda Chi Alpha associate director of chapter services, "to the best of our knowledge, we are not banned from establishing another chapter at the University of Iowa."

The Interfraternity Council at the University of Iowa was unavailable for comment.

Marshall is also taking steps to curb Greek drinking. Sororities are no longer allowed to attend social events at fraternity houses if alcohol will be present. The social must be held at a location where a third-party vendor can be present, like the Huntington Civic Center or the Holiday Inn.

"None of us want anybody to get hurt," said Andy Hermans-dorfer, Director of Greek Affairs."There will always be ways we can be safer, so we'll keep trying."

Lawsuit Filed Against Fraternity Members in Death
Mustang Daily
Cal Poly State University, San Luis Obispo
February 3, 2003
By Abbey Kingdon, Mustang Daily

Members of Sigma Chi fraternity are being served a summons and complaint that allegedly holds nine members responsible for the death of Brian Gillis, a Sigma Chi member who died last April from a Gamma-Hydroxybutrate overdose.

Parents Patricia and Leo Gillis have filed the lawsuit and are suing the members for violation of the education code, unfair business practices and six causes of negligence, including endangerment and abandonment, failure to obtain medical care and infliction of emotional distress, according to court documents.

The nine Sigma Chi members -- Joel Edwards, Nick Coccimiglio, Brian Schnarr, Matt Soderstrom, Adam Morte, Nick Potter, Mike Garibaldi, Robert Poorman and David Seminski -- are named in the complaint because they were mentioned by many sources during the investigation, and one of their wallets was found in Brian's room, said Daniel O'Neill, the Gillis' attorney. Sigma Chi members said they were advised not to comment at this time.

Patricia and Leo Gillis also declined to comment on the case, but O'Neill said they filed the complaint because they want to know what really happened to Brian that night.

"Sigma Chi members initially discussed Brian's death, but shortly after the incident the fraternity went on a retreat, and after that no one would talk about the death," O'Neill said.

Sigma Chi members said talking about the incidents leading to Gillis' death would violate a fraternity rule, according to court documents.

A private investigator has gathered accounts of the events surrounding Gillis' death from witnesses, the police report and the coroner's report.

"(Sigma Chi members) claimed he drove home and even watched television, but our doctor said he had so much GHB in his system it would be impossible to drive home," O'Neill said.

According to the toxicology report, Gillis had a blood GHB level of 915 milligrams per liter. Ingestion of 915 milligrams per liter of GHB would render a person unconscious within 12 to 15 minutes and comatose within 45 minutes, according to court documents.

"There is evidence that GHB was used at the party by others; it is likely that Gillis took it at the party," O'Neill said. "If he took it intentionally, there is no reason he would take that much."

In court documents, Gillis' parents said they believe that unfair and unlawful business practices are ongoing throughout local chapters under the control of Sigma Chi International, and the practices will continue unless restrained. Sigma Chi International is also named in the lawsuit.

"The Cal Poly chapter is no longer recognized as a Sigma Chi chapter," said Ben Fjosne, associate director of chapter development for Sigma Chi International.

He said the members have alumni status, but they are no longer permitted to have real Sigma Chi gatherings. The Cal Poly Sigma Chi chapter was suspended by the international organization in August 2002 because of a variety of incidents, including the events surrounding Gillis' death, Fjosne said.

Sigma Chi International will only take action against the members if they are found guilty.

"Then they will be expelled for conduct unbecoming," Fjosne said.

According to court documents, the Gillises want compensatory damages in an amount to be proven at trial, to punish the defendants and to deter others from engaging in similar wrongful acts in the future.

(C) 2002 Mustang Daily

Dickinson College Suspends Rushing by Frats After Student Death
Associated Press
February 13, 2003

CARLISLE, Pa. --Dickinson College suspended fraternity rush activities because a student fell four stories to his death last week.

Jeffrey Shank, 18, a freshman from the village of Rumford in East Providence, R.I., fell from a dormitory rooftop balcony between 2a.m. and 2:30 a.m. last Friday morning. His body was discovered six hours later.

Carlisle Police Chief Steve Margeson said Shank's death was ruled accidental, but said the investigation was ongoing.

Shank had attended fraternity rush activities the Thursday night before, but whether alcohol was served at the parties or whether hehad been drinking before he fell had not been determined, said Robert Massa, Dickinson vice president for enrollment, student life and college relations.

Serving alcohol at rush parties was prohibited by college administrators last fall. The dormitory's rooftop balcony was not off-limits to students the night Shank fell, but use of the balcony has been banned.

Friends, family and classmates gathered Wednesday at the Newman Congregational Church in East Providence for Shank's memorial service.

Fullerton's Rowdy Frat Row Needs Taming, Officials Say
Los Angeles Times
By Mike Anton, Times Staff Writer
December 23, 2002

Longtime problem flared this month when a rented Greek house was trashed after a party. Fraternity council president vows change.

Having a collection of fraternity houses for a neighbor has its moments, many of them bad. Just ask Amanda Tuccitto, who manages an apartment complex an empty beer keg's toss from Cal State Fullerton's frat row.

"There was an ongoing summer party. When summer ended, they celebrated that. Then they celebrated the start of school. Then there was rush," said Tuccitto, whose 48 units in the Atlanta Pacifica apartments are separated from the fraternities by an alley. "It was quite something to behold."

For 30 years, neighbors of the off-campus fraternities on Teri Place have contended with the flotsam of passing college weekends. Empty beer bottles littering lawns and broken furniture clogging the alley. Loud music filling the night air and illegally parked cars.

But the vandalism early this month of a fourplex rented by Sigma Pi fraternity went far beyond the street's rowdy reputation. The Greek group was on suspension from the university and being evicted for not paying rent, when, police say, more than ,000 in damage was done to the house during a final party. Holes were punched in walls; furniture, bathroom fixtures and windows were smashed and paint splattered inside and out.

The incident, which Fullerton police are investigating, stunned city and university officials, who now are discussing what can be done to bring order to a neighborhood where partying is a rite of passage and police respond to scores of complaints each year.

Meanwhile, fearing a crackdown, Greek members are trying to burnish their image, raising money for the owners of the trashed property and trying to distance themselves from what they say is a handful of troublemakers who have sullied their image. Plans for a traditional blowout to celebrate the end of the semester last weekend were canceled.

"I want to get rid of the stigma that all fraternities are like them," said Rudie Baldwin, 20, president of the campus Interfraternity Council. "What I fear will happen is that people in political power will take this bad event and generalize it to say all fraternities are bad and try to get rid of us."

The tension has long been brewing.

"It seems that every few years, there's an event that goes beyond the tolerance level of the community," Fullerton City Manager Chris Meyer said. "There's a long, long history here."

In the mid-1980s, a spike in complaints led the city to require recognized fraternities to obtain conditional use permits. These mandate fire inspections, limit occupancy and set other rules that officials concede aren't always followed to the letter.

Nevertheless, the permit process has given the city a tool to limit the size of frat row and weed out the biggest troublemakers. The city forbids any new fraternity house from being within 1,000 feet of an existing one. And in the last decade, two fraternities were denied permits because of rowdy behavior, while another had its permit revoked by the City Council. Some homes now are regarded as "stealth fraternities" -- not officially recognized Greek houses, and therefore immune from the regulations. The vandalized Sigma Pi house had, in effect, become just that.

"We can't discriminate against people wanting to live together," said Joel Rosen, Fullerton's chief planner. "If they comply with the basic housing laws and building codes -- which are pretty liberal -- they can operate close to the edge of being a fraternity ... without officially being one."

Rosen said that in coming months, the city's Neighborhood Enhancement Team -- a committee of police, fire, code enforcement and planning officials -- will discuss what more can be done on frat row. Strategies could include more proactive inspections for code violations and toughening the city's permit code.

"I'm not sure there's a solution," Meyer said. "Even if you could legally run all the fraternities out, that would not solve the problem. It's an area that has a high concentration of students, and students have parties.... All we can do is to try to keep things under control."

Kandy Mink, the university's acting dean of students, said meetings between fraternity members and residents in the community could be one answer.

"We have a responsibility to do something," she said. "We have to be continually working, educating students in the community on what it means to be a good neighbor."

Last weekend marked the end of the fall semester. Normally, Teri Place would have been awash in T.G.I.O -- Thank God It's Over -- parties. This year, the weekend was quiet, police say.

"The Greek life advisor talked to the fraternity leadership and gave them advice," Mink said of the decision to cancel the bash.

Baldwin, whose fraternity recently held a toga party -- outside the neighborhood -- took the advice to heart.

"We can't do things like we did them before," he said. "Everybody in the neighborhood is fed up. I don't see a problem with that. Things are going to have to change."

[My note: One year some frat boys leased the house next door to me, and it was the most annoying year of my life! They partied EVERY night, there was trash and beer cans everywhere, and there were always cars parked up and down my street, leaving no room for people who actually lived on the street to park. Thank God they left after 1 year! Then a few years later, some frat boys leased another house on my street, and it was the exact same deal. One night I was going to pull out of my driveway and one of them had parked his truck right in front--blocking my way out. I had to hold my nose (LOL) and walk up to the house to try to get someone to move the truck. Some drunken idiot answered the door, and I said "Whoever owns that truck has to move it before I smash my car into it". He went to get some other moron to move the truck. A couple of minutes later, some falling down drunk guy emerged, and just stood there looking at me. Some other people invited me in to their party. I repeated at least 3 times that I just wanted him to move his stupid truck! He stood there like I was speaking a foreign language. Finally I put my face about 2 inches from his and yelled "MOVE YOUR TRUCK BEFORE I CALL THE COPS AND HAVE IT TOWED!" Another guy (obviously the brains of the group) said "Dude, I think you should park somewhere else". The drunk guy stumbled out and proceeded to park his truck in the middle of their lawn. At least it was out of my way... I'm glad those morons only stayed on my street for a year as well...]

FRAT BOYS COP PLEA IN ‘SUICIDE' BEATING
March 2, 2003

SYRACUSE --Two Alfred University fraternity members have admitted their roles in the beating of a fellow student who later committed suicide.

Bradley Calkins, 22, pleaded guilty to third-degree assault, while Thomas Lam, 23, pleaded guilty to second-degree hazing. Both pleas came Thursday at a grand jury hearing in Onondaga County Court.

Zeta Beta Tau member Benjamin Klein, 21, a junior from Putney, Vt., was beaten on Feb. 9, 2002, in a hotel room in the Syracuse suburb of DeWitt, during a regional fraternity convention there.

His bruised and cut body was found three days later in a creek behind their fraternity house, and police determined Klein died of a drug-overdose suicide.

Calkins, of Stony Brook, admitted he hit Klein in the head with a boot after tying his hands and feet with duct tape. Lam, of Hamburg, admitted he encouraged Calkins and two other fraternity members to tie up Klein and did nothing to stop them.

The two told the court that Klein, still tied up, was placed in a bathtub with the shower turned on, until he promised he would not leave the room.

"We were all afraid that if he left, he would get our fraternity in trouble because he was drinking and telling others about hazing practices in our fraternity," Lam said.

A month after Klein's death, the Alfred University board of trustees voted to eliminate fraternities and sororities.
(AP)