http://www.emorywheel.com/vnews/disp.../420bd4187e27b
Ex-student files suit against frat for hazing
By Rachel Zelkowitz
Asst. News Editor
February 11, 2005
A former Emory student filed a civil suit on Monday in response to hazing and abuse he allegedly suffered during his pledge period to the Kappa Alpha Psi, Inc. fraternity last March.
Raymond McKoy, a former Woodruff scholar, claimed to have been beaten, caned, scalded with hot wax, treated as a slave and otherwise assaulted and humiliated by fraternity brothers.
Defendants in the suit include the Kappa Alpha Psi, Inc. national fraternity, the Nu Delta chapter — Emory’s former KAPsi chapter — and nine individuals allegedly involved in the hazing. The suit asserts that these defendants subjected McKoy to “dangerous hazing” in defiance of the national fraternity regulations, Emory policy and Georgia state law.
Deb Hammacher, associate director of public affairs, said that Emory will not issue an official response to the suit, as the University was not identified among the defendants.
The Kappa Alpha Psi, Inc. fraternity could not be reached for comment on the suit.
In a letter to the Wheel last April, McKoy said he would not sue KAPsi.
In the suit, McKoy charges the defendants on eight separate offenses.
The first accuses the defendants of negligence in both committing the acts of hazing and, in the case of the national fraternity, failing to intervene to stop the hazing and “failing to develop and enforce a standard of conduct reasonably designed to prevent hazing and eliminate underground hazing.”
The second and third counts charge the defendants with committing unlawful hazing and breaching their responsibility for McKoy’s safety.
Additionally, the defendants are accused of breaching their duty to aid or rescue McKoy after he was “exposed to dangerous activities” and breaching the fraternity’s agreement with Emory not to haze pledges.
The fifth count deals with two specific individuals, charging that they “created unreasonably dangerous conditions to exist on their properties which resulted in injuries to Raymond.”
As part of his pledging process, McKoy was taken to alumni’s homes over the course of several nights where he was subjected to physical abuse.
The sixth count charges the individuals with extortion. Benjamin Barrett, McKoy’s lawyer, said that McKoy was forced to call his parents and ask for money on several occasions. The Nu Delta brothers claimed almost $5,000 from McKoy for use by the fraternity, Barrett said.
The last two counts in the suit are “intentional infliction of emotional distress” and “assault and battery.”
“As a direct result of the assault and battery committed by the defendants against him, Raymond suffered terrible pain, personal and emotional injury and medical and other expenses, withdrew from his academic studies, and has suffered, and will in the future suffer, from these and other damages,” the suit charged.
McKoy withdrew from the University at the end of March to undergo treatment for bipolar disorder, which he said was triggered on March 7 by head injuries incurred during the hazing.
McKoy’s lawyers advised him not to comment on the suit, according to McKoy’s mother.
On its Web site, the fraternity declares to have outlawed hazing in 1949.
Barrett said he felt McKoy had a strong case, although the suit itself might last several years.
“It will probably be awhile before everyone gets lawyers and they all get involved in the case,” he said. “And the national frat is going to say we told them not to haze. Everyone has a side to the story.”
The civil suit includes photographs revealing the extent of McKoy’s bodily injuries.
Despite holding such “strong” evidence, Barrett refused to predict the outcome of the suit.
Nor would he offer a conjecture as to how much McKoy would request in damages.
“The real purpose is to make change, to make sure this doesn’t happen to other people,” Barrett said.
Assistant Dean of Students and Director of Student Conduct Andy Wilson said McKoy’s experience with Kappa Alpha Psi was the first Emory-fraternity hazing offense “in recent memory.”
The Conduct Council began an investigation into the allegations in early April, as previously reported in the Wheel.
Wilson said that after a full investigation of the incident, the University elected to suspend the Nu Delta chapter for at least three years, after which time the chapter may appeal to the Interfraternity Council to resume official recognition by the Interfraternity Council.
“Hazing is a very serious violation, and this is our most serious punishment,” Wilson said. “This situation was unfortunate and sad and is not something we want students to experience as part of our fraternity-sorority systems.”
Wilson declined to comment on the cases of individuals brought before the Conduct Council, citing the Family Educational Rights and Privacy Act, which prohibits a school official from releasing confidential information about a student without written consent.
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