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08-03-2007, 05:33 PM
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Quote:
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.
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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.
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08-03-2007, 05:35 PM
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Quote:
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.
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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.
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08-03-2007, 05:39 PM
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Quote:
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.
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Exactly!
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08-03-2007, 05:39 PM
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Quote:
Originally Posted by MysticCat
Exactly!
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Hahhaa.
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08-03-2007, 08:07 PM
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As a student of rider University I have had the pleasure of knowing both of the officials that were charged in the indictment that Dean is actually a member of the community service fraternity Alpha phi Omega. The second official that was charged is the director of Greek life I've also gotten to know her as well the fraternity in question Phi Kappa Tau has officially been disbanded from our university campus nothing like this has ever happened in the history of our university as far as I know I can only hope that they will not disband all Greek organizations from campus seeing as how this was an isolated incident and has never happened in the universities 142 years.
But we as a college campus community have all bonded together Greeks and non-Greeks alike if to inshore that this never happens again
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08-03-2007, 08:58 PM
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Seeing as how Rider is a private school, I guess this could result in the closing of the entire greek system. No university official is going to want to risk being criminally prosecuted for something they would have had no way of knowing about.
It seems to be a ludicrous result that this could result in criminal prosecutions for the campus' officials. Fraternity officers, etc., I can see.. beyond that? No.
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08-03-2007, 10:25 PM
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Unfortunately, I'm not at all surprized.
Well, maybe by the criminal charges, but I've seen this kind of thing coming and have commented here numerous times that a major reason for more universities cracking down on Greek Systems (and other campus organizations as well) is the (somewhat) recent tendency to sue anyone from a house president to a university president. This could include Chapter Advisors or House Corporation members as well.
Our undergraduates, for the most part, either don't understand or don't care -- or figure it couldn't happen to them.
If I were invited to serve as a division officer, chapter advisor or house corporation member again, and I've been all of the above, I would think long and hard.
Even with the liability insurance the fraternity provides, the hassle just isn't worth it. Especially if criminal charges are involved, which opens a whole new can of worms.
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The above is the opinion of the poster which may or may not be based in known facts and does not necessarily reflect the views of Delta Tau Delta or Greek Chat -- but it might.
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