University officials charged for hazing

[NebraskaDelt]

Interesting article and the ramifications are huge.

http://wcbstv.com/topstories/local_story_215123845.html

[exlurker]

Originally Posted by NebraskaDelt

Interesting article and the ramifications are huge.

http://wcbstv.com/topstories/local_story_215123845.html

Thanks for alerting us to this, Nebraska Delt. The update to the GC discussion of the death is interesting. The "old" GC thread is at:

http://www.greekchat.com/gcforums/sh...ad.php?t=85890

Today's Newsday online has a article about the new developments, similar to the one you mentioned. The Newsday article is at:

http://www.newsday.com/news/local/wi...0,911868.story

Brief excerpts are:

The five officials and students charged were:
_ Ada Badgley, 31, of Lawrenceville, the university's director of Greek Life.
_ Anthony Campbell, 51, of Lawrenceville, the dean of students.
_ Adriano DiDonato, 22, of Princeton, residence director and house master of the Phi Kappa Tau fraternity house.
_ Dominic Olsen, 21, of Kenilworth, pledge master of Spring 2007 Phi Kappa Tau pledge class.
_ Michael J. Tourney, 21, of Randolph, the fraternity chapter president.

. . . the Mercer County prosecutor, wouldn't disclose the exact evidence that resulted in a grand jury indicting the five. . . . he has said previously that the investigation revealed some of the pledges drank entire bottles of hard liquor in under an hour.

. . . Law enforcement's search of the Phi Kappa Tau fraternity house . . . also resulted in three students being charged with drug-related offenses. . . .

[Tom Earp]

What is interesting is the typical Suing everyone in a situation like this!

The thing is that upsets me most is that His Own Brothers did not take a positiion to care for him!

Now, golly gee whiz, they feel bad!

[kathykd2005]

Originally Posted by Tom Earp

What is interesting is the typical Suing everyone in a situation like this!

The thing is that upsets me most is that His Own Brothers did not take a positiion to care for him!

Now, golly gee whiz, they feel bad!

It's kind of hard to "care" for someone who has alcohol poisoning--they took him to the hospital, but they should not have allowed/encouraged him to drink at all, or even that much, in the first place. Someone--his chapter president or even other pledge brothers--should have stepped in and said enough is enough. The fact of the matter is, they didn't. This is why chapters are supposed to have risk management--unfortunately, some people ignore this very important aspect of proper chapter operations.

[BabyPiNK_FL]

This is awful. This could have huge effects on all campuses. Greek Advisors can not be at every party (especially the ones they don't know about) and they shouldn't have to try. They don't work for any particular organization, they are just there to help coordinate the greek life and lay down the law if necessary. They don't get told everything, they don't know everything that's going on. The students still do whatever they want. No one can save anyone from themselves. I really want to be a Greek Advisor or work in campus life, but this really makes me think twice...

[Tom Earp]

Originally Posted by kathykd2005

It's kind of hard to "care" for someone who has alcohol poisoning--they took him to the hospital, but they should not have allowed/encouraged him to drink at all, or even that much in the first place. Someone--his chapter president or even other pledge brothers--should have stepped in and said enough is enough. The fact of the matter is, they didn't. This is why chapters are supposed to have risk management--unfortunately, some people ignore this very important aspect of proper chapter operations.

So, I am still asking why these other People are being sued?

[kathykd2005]

Originally Posted by Tom Earp

So, I am still asking why these other People are being sued?

They are being sued because they were in leadership positions for either the university, or the fraternity. That's what happens when you take on responsibility--you agree to take the good with the bad, as well as legal ramifications for what occurs under your jurisdiction. Sure it sucks, but that's what happens in the real world.

[exlurker]

Originally Posted by Tom Earp

So, I am still asking why these other People are being sued?

Tom, from the several news reports I've seen, I think that technically they aren't being "sued." They have been indicted by a grand jury -- it's a criminal prosecution, not a civil lawsuit. But my terminology may be off somewhat.

As to your question: according to the news stories, which are all I have to go on, the county prosecutor has stated that the grand jury indicted the university officials due to the way they did (or didn't) do "oversight" of campus fraternity / sorority life.

Edited to add: Please remember that people charged with a crime, or indicted by a grand jury, etc., are presumed innocent until / unless found guilty.

[MysticCat]

Originally Posted by exlurker

Tom, from the several news reports I've seen, I think that technically they aren't being "sued." They have been indicted by a grand jury -- it's a criminal prosecution, not a civil lawsuit. But my terminology may be off somewhat.

You're not off at all. Being criminally charged is not the same as being sued.

[kathykd2005]

Originally Posted by MysticCat

You're not off at all. Being criminally charged is not the same as being sued.

True--I mispoke when I said "sue." They are being charged for these reasons, and they could also later be SUED for wrongful death if they lose in court.

[MysticCat]

Originally Posted by kathykd2005

They are being charged for these reasons, and they could also later be SUED for wrongful death if they lose in court.

Technically, they could be sued for wrongful death regardless of how they do on the criminal charges. The elements of a claim for wrongful death are different from the elements for aggravated hazing, the crime with which they are charged. The burden of proof is different as well -- in a criminal case, guilt must be proven beyond a reasonable doubt. Liability on a wrongful death claim only has to be shown by a preponderance of the evidence (more likely than not). That means that the same evidence might not be enough for a criminal conviction but might be enough for a civil judgment.

[kathykd2005]

Originally Posted by MysticCat

Technically, they could be sued for wrongful death regardless of how they do on the criminal charges. The elements of a claim for wrongful death are different from the elements for aggravated hazing, the crime with which they are charged. The burden of proof is different as well -- in a criminal case, guilt must be proven beyond a reasonable doubt. Liability on a wrongful death claim only has to be shown by a preponderance of the evidence (more likely than not). That means that the same evidence might not be enough for a criminal conviction but might be enough for a civil judgment.

True and true--so technically, I was correct in saying that they could be sued, in either case, but they have not been sued--YET.

[MysticCat]

Originally Posted by kathykd2005

True and true--so technically, I was correct in saying that they could be sued, in either case, but they have not been sued--YET.

Exactly!

[Tom Earp]

Oh, once again, they are sued or criminaly charged for what ever for any reason, they are sued or brought up in a suit from their position only?

Well, if there is a definition of being Sued or Charged for a Criminal Act, I am still wondering why?

[kathykd2005]

Originally Posted by MysticCat

Exactly!

Hahhaa.