Cliff's notes? I'm not giving Pennlies a click
First article:
Editor’s note: This story was updated to include a comment from an attorney representing James and Evelyn Piazza.
WILLIAMSPORT – The fraternity Penn State permanently banned following a 2017 hazing death has accused the university of taking the action to cover up the failure of its policies to provide a safe environment for students.
And, Alpha Upsilon Chapter of Beta Theta Pi Inc., in a complaint filed Friday in U.S. Middle District, contends Timothy Piazza fell down the basement stairs after he tripped over at least one student who was not a member.
The suit cites the coroner’s ruling that the death was an accident and claims unbeknownst to those around him that Piazza, 19, had internal bleeding at the time he fell down the stairs, was taking medication and had previous injuries.
The chapter also contends Piazza after he fell suffered numerous symptoms associated with internal bleeding that led to additional falls resulting in the fatal injuries.
James and Evelyn Piazza, in a separate federal lawsuit against 28 fraternity members, claim their son fell because he was intoxicated after being forced to consume an excessive amount of alcohol at a bid acceptance party on Feb. 2, 2017.
“We will be interested in reviewing the legal papers and will be following the lawsuit closely,” Thomas R. Kline, one of the attorneys representing the Piazzas, said Saturday about the new case.
The fraternity suit accuses the university; its president, Eric Barron; Damon Sims, vice president for student affairs; and Danny Shaha, senior director of Office of Student Conduct, of deflecting the blame for the tragic death from themselves to the chapter and the House Corp. that owns the property.
It also alleges selective enforcement, claiming in the past 10 years there have been numerous deaths, serious injuries and sexual assaults in dormitories, apartments and university property that have been largely ignored.
The university has chosen to blame the fraternity system as a whole although collectively its members comprise only approximately 20 percent of the student body, the suit claims.
In attempting to deflect the blame “for their defective policies” onto the chapter and the fraternity system as a whole, the defendants have ignored the due process and equal protection rights of Beta Theta Pi members and the House Corp, the complaint charges.
The chapter says it was not provided the opportunity to state its position about the investigation or to review information on which the banishment decision was made.
Second article:
WILLIAMSPORT – A federal lawsuit that placed blame for a hazing death on members of the board that owns a Penn State fraternity house has been voluntarily dismissed.
U.S. Middle District Judge Matthew W. Brann on Wednesday, upon receiving that notification, formally dismissed the suit against 11 board members of AY Corp.
The nonprofit organization consists of fraternity members after they graduate and has since 1894 leased the Beta Theta Pi house to the chapter and active members.
Donald G. Abbey, a former AY Corp. board member, had accused 11 board members of failing to implement and enforce policies that would have prevented the alcohol-related, hazing death of Timothy Piazza.
Piazza, a sophomore, died Feb. 4, 2017, two days after he fell down stairs while intoxicated during hazing events. His injuries included a skull fracture and a lacerated spleen.
Attempts to reach Abbey’s lawyers were unsuccessful, and defense attorney David Helwig declined comment on the dismissal.
Abbey, a former Penn State football player who in 1990 founded a real estate operating company that has offices in six California counties, had charged the AY Corp. board members intentionally or recklessly:
- Enabled rampant underage drinking and alcohol-related hazing that among things resulted in Piazza’s death.
- Interfered, refused to cooperate and tampered with evidence related to ongoing criminal investigation into the death.
- Wasted corporate assets by causing AY to unnecessarily spend substantial funds on lawyer fees to protect the personal rights and interests of one board member.
- Caused AY to operate the house in an unlawful manner and for an unlawful purpose.
- Caused AY to breach written contractual obligations to Abbey.
The latter is in reference to Abbey in June 2009 signing a written agreement to loan AY Corp. more than $10 million to repair, improve, recolonize and operate the fraternity house. The agreement required repayment within 60 days if the chapter ceases to exist and the house no longer is utilized to house active members.
Following Piazza’s death, Penn State initially withdrew its recognition of the chapter but on March 30, 2017, banned it from ever returning.
Manslaughter charges dismissed again in Penn State hazing death case
Lesser hazing charges are bound over for trial for six former Beta Theta Pi brothers.
The lawsuit pointed out in the early 2000s the chapter had a similar problem with alcohol abuse and hazing. To address it the chapter was disbanded and all members evicted in the spring of 2009. It was AY Corp.’s intention to recolonize the chapter and hire responsible adults to live in an alcohol-free house to monitor activities, Abbey said. After this was done active members sought to do away the “dry” status and the court complaint stated some of the board member defendants championed that change.
Abbey opposed allowing alcohol in the house and, despite his financial commitment to AY Corp., he was replaced on the board on Sept. 13, 2016. Criminal charges related to Piazza’s death were filed in against more than two dozen former fraternity brothers.
Of those, 21 have pleaded to minor offenses or entered a probation program that upon successful completion make them eligible to have their records expunged.
Abbey’s suit had accused board member William F. Cassidy, a Pennsylvania resident, of directing certain chapter members to destroy or conceal evidence related Piazza’s death.
The FBI was able to restore the deleted basement camera footage and it was used as evidence in the criminal cases. James and Evelyn Piazza in January filed a federal suit in which they accuse 23 former fraternity brothers with conspiracy and negligence related to their son’s death.
Many of the defendants have moved for dismissal while others are seeking a stay until criminal charges against them are resolved.
The rush to judgment by Barron, Sims and Shaha was an effort “to cover up their prior negligence in failing to adequately address the Penn State drinking culture,” the suit charges.
It alleges Sims and Penn State prior to Piazza’s death admitted the policies were not working and change was needed.
Barron and Sims are accused of ignoring the efforts of the Greek Task Force that was created to implement changes in the drinking culture at Penn State.
By banning the fraternity, Penn State is accused of also attempting to trigger a deed provision purporting to grant the university the opinion of purchasing the real estate that is on campus.
The suit, which touts chapter members’ academic record and alumni accomplishments over 129 years, is seeking unspecified damages in excess of $75,000.
Attempts to reach a Penn State spokesperson were unsuccessful, but in the past the university has declined to respond to pending litigation.
I assume you're still giving Barry clicks.
