Tag Archive | "hazing"

Judge set to evaluate Starkey civil trial in March

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Judge set to evaluate Starkey civil trial in March


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A San Luis Obispo judge delayed setting a date for the civil trial brought by the parents of Carson Starkey.

The wrongful death suit was filed against nine former members of Sigma Alpha Epsilon, the national Sigma Alpha Epsilon Fraternity and the Sigma Alpha Epsilon chapter at Cal Poly. Four of the former members are also currently being criminally tried.

The decision to set a trial date will be pushed back to March 18 after Douglas Fierberg, the lawyer for Julia and Scott Starkey, submits a case management proposal. The proposal is being required by judge Charles Crandall, after several of the defense lawyers raised questions about the conflict with the criminal proceedings, which are underway against four of the defendants in the civil trial.

Normally in a civil trial, defendants are compelled to testify about the events relevant to the case, but because of the two trial’s defendant conflicts regarding Starkey’s death, they may plead their fifth amendment rights in the civil case.

In court, Fierberg said that he thinks there is enough other evidence in the case to keep going with the civil suit. If judge Crandall does not agree with Fierberg after the case management report is submitted, Fierberg could delay the civil trial up to four years.

“We will not stop until everyone who was responsible for Carson’s death is held responsible,” Fierberg said.

The civil complaint filed by the Starkeys claims the defendants should have known that fraternity traditions like the “brown bag night” have a long-documented risk of death and serious injury.

“(The) defendants deliberately/purposefully took no reasonable, effective measures to enforce risk management policies to stop long-standing and dangerous pledging traditions … conscious of the dangers posed to pledges like Carson,” the complaint read.

Carson Starkey died on Dec. 2, 2008 after allegedly attending a fraternity event the night before. It was alleged fraternity members forced him to drink a large amount of alcohol. Starkey died from respiratory arrest due to acute ethanol toxicity or alcohol poisoning. Starkey’s blood alcohol concentration was between 0.39 and 0.45.

The case was filed on Sep. 22, 2009 to coincide with the beginning of the school year, said Ivo Labar, another lawyer representing the Starkeys.

The amount of money the Starkeys are suing for will be determined later.

The Starkey family has started a non-profit organization called With Carson, which aims to educate students about alcohol. A bill was also passed in Texas, Starkey’s home state, called the Carson Starkey Alcohol Awareness and Education Act.

“We will continue to honor Carson by doing everything we can to end wide-spread misconduct by fraternities,” Scott Starkey said in a press release last fall. “By bringing this lawsuit, we hope to bring attention to the dangers of hazing, cause fundamental change in fraternities and prevent other families from suffering as we have.”

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Carson Starkey trial update

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Carson Starkey trial update


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A San Luis Obispo Superior Court Judge denied a motion to dismiss the cases against Zachary Ellis and Haithem Ibrahim, the two former Sigma Alpha Epsilon members charged with felony hazing causing death of former Cal Poly freshman Carson Starkey.

On Monday Ellis and Ibrahim’s lawyers moved to dismiss the case due to insufficient evidence at the preliminary hearing in August. Their lawyers plan to appeal Monday’s decision not to dismiss the case in California 2nd District Court of Appeals in Ventura, which they must do by Jan. 26.

Both Ellis’ attorney, Richard Conway, and Ibrahim’s, Michael Burt, have argued that each pledge at the event on Dec. 1 voluntarily chose to drink the amount of alcohol he did.

Starkey died Dec. 2, 2008, of respiratory arrest due to alcohol poisoning; his blood alcohol concentration was between 0.39 and 0.45. The previous night he attended Sigma Alpha Epsilon’s pledge event called “Brown Bag Night,” where the 18-year-old was given copious amounts of alcohol to drink as part of a hazing ritual for the fraternity.

Ellis, Ibrahim, Marszel and Taylor were taking Starkey to the hospital the night of the pledge event but turned the car around when he vomited.

Marszel and Taylor  pleaded not guilty to misdemeanor charges for hazing causing death and furnishing alcohol to a minor causing death. Ibrahim and Ellis are also being tried with misdemeanor charges of furnishing alcohol to a minor causing death.

Carson’s parents, Scott and Julia Starkey, filed a civil lawsuit against the national fraternity, the local chapter and nine individual former SAE members on Sept. 22. In addition to five officers of the local SAE chapter at the time of Starkey’s death, Haithem Ibrahim, Zacary Ellis, Adam Marszel and Russell Taylor are being charged in the suit. A judge will  set the schedule for the civil trial on Jan. 26.

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One year after Starkey’s death, criminal and civil cases ongoing

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One year after Starkey’s death, criminal and civil cases ongoing


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“You were handed a bag of alcohol and you were supposed to finish it all together. Some bags had hard alcohol, mine just had beer … We were drinking for like an hour,” Sauer said.

Tom Sauer, now a business junior, was a fellow Sigma Alpha Epsilon (SAE) pledge of Carson Starkey. He attended the pledge event called ”Brown Bag Night” on Dec. 1, 2008, the night before Starkey died from respiratory arrest due to acute ethanol toxicity or alcohol poisoning. Starkey’s blood alcohol concentration was between 0.39 and 0.45.

“I definitely got close to him in those couple weeks,” Sauer said. “I think it was a little different for me because I was a second year; I thought of it as more of a party. I didn’t feel pressured to drink.”

Now, a year after the death of 18-year-old Starkey, there is a civil lawsuit, criminal charges and numerous changes to Cal Poly greek life.

Starkey’s parents, Scott and Julia Starkey, filed a civil lawsuit against the national fraternity, the local chapter and nine individual former SAE members on Sept. 22 this year to coincide with the start of the academic year. Four of the nine individuals named in the suit include Haithem Ibrahim, Zacary Ellis, Adam Marszel and Russell Taylor. The night of the SAE pledge event, they were taking Starkey to the hospital but turned around after he vomited in the car. The other five people named in the lawsuit were officers of the local SAE chapter at the time of Starkey’s death.

All of the parties of the civil suit will appear in court on Jan. 26 and the judge will then set a schedule for the trial.

Ibrahim and Ellis are also being charged with felony hazing causing death and misdemeanor furnishing alcohol to a minor causing death. Marszel and  Taylor pleaded not guilty to misdemeanor charges for hazing causing death and furnishing alcohol to a minor causing death. When asked for comment, Ibrahim and Ellis said they were not to talk to the Mustang Daily by their legal counsel.

“It became clear that they (the students) supplied minors with alcohol,” said Stephan Lamb, assistant director of Student Life and Leadership.

Ivo Labar, one of the attorneys representing Starkey’s parents, was involved in the writing of Matt’s Law, a California anti-hazing law. It rules that those charged with hazing can be charged with misdemeanor and felony charges rather than lesser penalties, under which Ibrahim and Ellis are being charged.

The law came as a result of the death of Matt Carrington at Chico State University in February 2005 in series of events similar to what reportedly occurred in Starkey’s case. Carrington was forced to drink water from a five-gallon jug while doing calisthenics with fans blowing on him. The water intoxication was done as part of a hazing ritual for the unrecognized fraternity Chi Tau. Fraternity members did not call for emergency help for over an hour.

Since Starkey’s death, the Cal Poly greek community has undergone several changes. Although alcohol was never officially allowed in pledge events, Cal Poly officials are monitoring these events more closely.

Incoming pledges attended two sessions as part of their initiation into greek life. A panel made up of Cal Poly alcohol counselors, police officers and representatives from Sierra Vista Medical Center discussed hazing nationwide and how to handle it.

“We are trying to coordinate our efforts to educate the community,” said Mary Peracca, alcohol and drug specialist and panel member.

All pledges and new member educators were required to attend.

“They went over what could happen to you (consequences) and like when is a good time to take someone to the hospital,” said John Corgel, Delta Chi Associate member counselor in charge of new member education and journalism senior.

Pledge education and “Big Bro Week” have also changed as a result of last year’s incident.

After the indefinite suspension of the Sigma Alpha Epsilon fraternity by Cal Poly, Sauer decided to pledge again for Delta Chi in Spring 2009. During his recent “Big Bro Week” the activities included hiking to the Poly P, fishing and a scavenger hunt. When describing his pledging experience, he reiterated that there was no alcohol involved.

“I definitely feel like people are a lot more cautious,” Sauer said. “There is zero tolerance.”

Delta Chi wasn’t the only fraternity to see such changes. All fraternities and sororities officially chartered through Cal Poly’s Interfraternity Council (IFC) and Panhellenic Association have adopted similar measures, according to Lamb.

Incoming IFC president Andy Farrell said he hopes to improve the “toxic relationship” between the community and college students, specifically greek members. The changes he has seen since last December include the community changing its outlook, greater awareness of brothers, more unity and camaraderie and eradication of alcohol and hazing in all new member processes.

The changes coming from the highest levels of greek life seem to have infiltrated the individual level as well. Starkey’s death serves as a reminder of the finality of certain events.

“You are going to have to live with the consequences,” Sauer said.

The Starkey family has also begun several projects in and around Austin, Texas, where they live. The Carson Starkey Alcohol Awareness and Education Act was unanimously passed April 30 and took effect Sept. 1. It requires Texas school districts to implement an “evidence-based alcohol awareness program” into middle school, junior high and high school curriculum. The bill was supported by the Starkey family as part of their effort to educate people about hazing and the symptoms of alcohol poisoning.

Starkey’s family also started a non-profit organization called With Carson. Their Web site, withcarson.com, features news, projects and events they are organizing, a blog, apparel, photos, information for donations and links to the Facebook pages. One Facebook page, called  ”I LOVE CARSON STARKEY,” is a forum designed to “spread love and awareness.”  It was created by a peer and friend at Cal Poly, Tatum Barnes. The other page is called “1 Mil Aware,” and was created to “bring awareness to the all too common fatal effect of alcohol poisoning.”

In an e-mail, Barnes said that she hoped people would learn from Carson’s life.

“I hope that no one would think of themselves as invincible, and that people would live their lives with purpose, joy and selflessness, the way Carson did,” she said.

Today there will be a commemorative display to honor Starkey from 9 a.m. until midnight on the second floor of the University Union. It  was organized by greek student leaders, who will hand out green armbands for people to wear as a reminder of Starkey’s life and death. The display will also feature pictures and an excerpts from the eulogy delivered at Starkey’s memorial service by his brother, Hayden Starkey.

“Never let Carson die. He is in all of us somewhere. Some part of him is in us and to just carry on with that part and never let it die,” Hayden Starkey said at Carson’s memorial service. “Take whatever part of Carson you have and just use it for some good.”

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Defendants plead not guilty in death of Carson Starkey

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Defendants plead not guilty in death of Carson Starkey


arrests-carson-starkey-cal-polyThe last of four former Cal Poly students arrested in connection with a  hazing-related student death pleaded not guilty Thursday.

The charges are related to the death of freshman Carson Starkey who was found unresponsive in a local home in December 2008 after attending a Sigma Alpha Epsilon (SAE) fraternity party.

Earlier this week, Haithem Ibrahim, 20, Zacary Ellis, 22, and Russell Taylor, 22, pleaded not guilty to one felony violation of hazing causing death or great bodily injury and one misdemeanor violation of permitting a minor to consume alcohol.

Adam Marszal, 21, who appeared in court Thursday, also pleaded not guilty to a misdemeanor count of the same violations.

The four men were arrested on May 21. They each surrendered themselves  after warrants were obtained for their arrests and were booked at the San Luis Obispo County Jail, but each posted bail on the same afternoon.

Starkey died Dec. 2 after spending the night at an SAE  pledge initiation event called “Brown Bag Night.”

He was given large quantities of alcohol allegedly purchased by Ellis, Taylor and Marszal. Ellis, the SAE pledge educator, reportedly told the 17 underage pledges to finish their portions of alcohol within an hour and a half.

When Starkey became unresponsive later in the night, a few SAE members reportedly tried to take him to the hospital, but returned to the house on Highland Drive when Starkey began vomiting, police said.

The next morning Starkey was taken to Sierra Vista Regional Medical Center, where his autopsy showed that he died of respiratory arrest due to acute ethanol toxicity, or alcohol poisoning. His blood-alcohol content was between 0.39 and 0.45 percent.

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Cal Poly hires staff to educate greek life following SAE arrests


Cal Poly will hire two staff members to educate the greek system about the dangers of alcohol and hazing. The decision was announced just hours after police arrested four students in connection to the death of freshman Carson Starkey.

President Warren Baker said the two full-time positions will directly advise student leaders about safety and responsibility.

The San Luis Obispo Police Department arrested four members of Sigma Alpha Epsilon Thursday on charges of hazing and permitting a minor to consume alcohol in connection to the Dec. 2, 2008 death of Starkey.

The university is currently reviewing applicants from across the nation for the positions and decisions are expected to bemade by August.

According to Director of Student Life and Leadership Ken Barclay, the official titles of these positions will be coordinator and assistant coordinator of greek affairs. Their official duties will be to provide oversight to fraternity and sorority organizations by training student leaders on risk management, as well as serving as resource staff to address the concerns of the greek community.

Both staff members will report directly to Student Life & Leadership, under management of the Office of Student Affairs.

Barclay said the first position will be permanent and will focus primarily on fraternities, while the latter will deal with the Pan-Hellenic Council and for the time being is slated as a 12-month position pending future budgetary conditions.
The university is offering a yearly salary of $45,000 for the coordinator and $35,000 for the assistant coordinator, with a combined salary of $125,000 including benefits.

Many students not affiliated with the greek community have raised objections, questioning if student fees will have to pay for these salaries.

However, Vice President of Student Affairs Cornel Morton said that funding of these positions would not come from student fees, but out of the operational budget from the general fund.

Morton also pointed out that the university had someone in a position identical to the coordinator position until roughly two years ago and it has remained vacant since.

“What we are hopeful of is that we will have fewer instances where we feel we could have avoided problems associated with alcohol and social parties that get out of hand,” Morton said. “These counselors will provide that guidance and oversight.”

The university also plans to create training sessions for student leaders pertaining to pledge activities, as well as signed agreements by organizations to comply with a no-hazing policy and a risk management plan for alcohol-related events off campus.

University officials also conducted an internal investigation into the case, which resulted in nine SAE members being permanently withdrawn or suspended for at least one year from the school, according to Baker.

Coordinator for the Office of Student Rights and Responsibilities Adrienne Miller said that she could not comment on the identities or academic status of SAE members involved in the case. She did confirm, however, that nine students have so far reached “a resolution” with the university and that the investigation is still ongoing.

“The students were sanctioned by the Office of Student Rights and Responsibilities, the same office that would hear cases of plagiarism and academic fraud,” Student Life and Leadership Associate Director Stephan Lamb said. “That office has a lower standard requirement of proof where the criteria is ‘Is it more likely than not that something happened?’ In that context the university has more latitude than the courts in disciplining students.”

One of the four SAE members arrested last Thursday, computer engineering senior Russell Taylor, was still at his seat at the full ASI Board of Directors meeting yesterday Wednesday.

In light of recent events, some students have also raised questions as to why the university does not break ties with greek associations if they become a financial and safety liability.

“We have researched institutions that basically did just that,” Lamb said.

“The University of Santa Clara is one that took that measure and it turned out that the university ended up having no control, no relationship with the greek organizations. Staff will tell you the situation is much worse and they have had to hire additional staff to handle off-campus (problems).”

Since Starkey’s death, the relationship between Cal Poly and the greek community has changed, with the university clamping down on alcohol use and monitoring potentially dangerous situations.

“I think (the relationship) is certainly more intrusive,” Morton said. “The university has taken a more direct interest so that we do not see any bad environmental issues or abuses of alcohol. We will have to rely more on self-policing and self-governance. We can’t prevent a tragedy if the leadership does not show vigilance with regards to those issues.”

Lamb said he already sees these measures resulting in drastic changes in the attitudes of greek community members.
“I think from this tragedy, if anything good could come from it, it has in this case,” Lamb said.

“Students have engaged with us and reevaluated their organizational behavior. I’m very pleased with where we are now from six months ago. We’ve had some very difficult conversations but once again, Cal Poly students have emerged with responsibility and leadership. I think our students are very special.”

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UPDATE: Four SAE members charged in hazing death

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UPDATE: Four SAE members charged in hazing death


San Luis Obispo Chief of Police Deb Linden briefed the public about the arrests in connection with a hazing-related death earlier this school year. Photo by Matt Fountain.

San Luis Obispo Police Department Chief of Police Deborah Linden briefed the public about the arrests in connection with a hazing-related death earlier this school year. Four members of the Sigma Alpha Epsilon fraternity were charged with felony and/or misdemeanor violations. Photo by Matt Fountain.

Four Cal Poly students were arrested Thursday in connection with last year’s alcohol-related death of architecture freshman Carson Starkey after a nearly six-month investigation by the San Luis Obispo Police Department.

Investigators say the death was the result of a night of excessive drinking as part of a hazing ritual for pledges in the Sigma Alpha Epsilon (SAE) fraternity.

Agriculture business sophomore Haithem Ibrahim, 20, of Lafayette and agriculture senior Zacary Ellis, 22, of San Luis Obispo were each charged with one felony violation of hazing causing death or great bodily injury and one misdemeanor violation of permitting a minor to consume alcohol. Computer engineering senior Russell Taylor, 22, of Fresno and agriculture business senior Adam Marszal, 21, were each charged with two misdemeanor counts of the same violations.

The four surrendered themselves Thursday morning after warrants were obtained for their arrests and were booked at the San Luis Obispo County Jail. Bail was set at $50,000 for the felony charges and $10,000 for the misdemeanors. Each posted bail by Thursday afternoon.

If convicted, the suspects could face up to three years in state prison for the felonies and up to a year in county jail for the misdemeanor charges.

At a press conference at the San Luis Obispo police station Thursday afternoon, San Luis Obispo Police Department Chief of Police Deborah Linden said the investigation “exposed a ritual that was as disturbing as it was deadly.”

“Despite being illegal and against formal greek organization policies, dangerous hazing rituals remain part of the culture of certain groups; a culture that claims to promote leadership and value friendship, but which fails to protect young and impressionable recruits who simply want to belong,” Linden said.

“Carson’s death was the result of a crime and it was entirely preventable,” she said. “Tragically, his death was not the first resulting from a fraternity hazing ritual, and unless the greeks change their culture in a fundamental and meaningful way, it will not be the last.”

When asked by reporters why the investigation took nearly six months, Linden cited the “sheer volume of the people involved,” and the lack of “clear and open” cooperation by SAE members throughout the investigation.

Starkey, 18, passed away the morning of Dec. 2, 2008, at Sierra Vista Regional Medical Center. An autopsy revealed the cause of death was respiratory arrest due to acute ethanol toxicity, or alcohol poisoning. His blood alcohol content was estimated between .39 and .447 percent — a level equivalent to the effects of surgical anesthesia. It was determined that no marijuana or other drugs were in Starkey’s system.

Starkey came to Cal Poly as a freshman from Austin, Texas, in September 2008 and began the pledge process to SAE in October. The death occurred during the fraternity’s “Big Bro Week,” where pledges, or “Little Brothers,” are paired with active members, or “Big Brothers.” Ibrahim was designated as Starkey’s Big Brother.

The investigation revealed that the night of Dec. 1 was “Brown Bag Night,” an annual pledge event where Big Brothers provided each pledge with a brown bag containing large quantities of alcohol. Ibrahim, Taylor and Marszal allegedly selected and purchased the alcohol from two stores in San Luis Obispo.

Ellis was SAE’s designated Pledge Educator, a membership position that helps leads pledging recruits through their pledging process. On the night before Starkey’s death, Ellis reportedly instructed the group of 17 pledges — all of whom were under 21 — to consume the full contents of their bag within an hour and a half. In addition to the contents of the bags, pledges were also given a bottle of 151 proof Everclear, which has roughly twice the alcohol content of normal liquor.

arrests-carson-starkey-cal-polyThe investigation found that at some point in the night, Starkey became unresponsive, at which point several SAE members placed him in a vehicle in an apparent attempt to take him to the hospital, removing his pledge pin to prevent him from being associated with the fraternity. The SAE members reportedly returned Starkey to the house, however, once he began vomiting inside the vehicle.

The SAE members allegedly carried Starkey to bed and checked on him until approximately 2 a.m. After he was found unresponsive a few hours later, an SAE member called 911 and began performing CPR. He was taken via ambulance to Sierra Vista Regional Medical Center where he was pronounced dead.

One of the suspected SAE members, Russell Taylor, currently serves on the Associated Students, Inc. Board of Directors for the College of Engineering. When discussing one of ASI’s board members being arrested on suspicion of hazing, current ASI president Angela Kramer said, “It’s especially difficult because we don’t want to see him in this situation, but the fraternity (made) a bad decision that led to the death of a student. Our country has due process for a reason.”

“It’s really difficult when any member of our campus community is involved in a situation like this,” she added. “It was a devastating tragedy to lose Carson Starkey, but (I think it was) no one’s direct fault; there’s no sign of malicious intent.”

In a statement issued by the Starkey family on Thursday, the family thanked the San Luis Obispo Police Department and lashed out at the “long-standing, dangerous pledging rituals” of the fraternity system.

“Only someone else who has lost a child can begin to comprehend our family’s pain and sorrow. Our grief is deepened by the fact that Carson’s death was not due to a natural cause like a disease or illness,” the statement read.

“Carson was an excellent student who aspired to be an architect but also, unfortunately, aspired to become a fraternity member and he participated in a dangerous fraternity ritual during which he was compelled to drink a fatal amount of alcohol. His death was not caused by ‘voluntarily’ drinking too much, and anyone who might suggest otherwise is misinformed.”

The family added, “We will honor Carson and other families by doing everything we can to end dangerous misconduct by fraternities and their members. So, today, we express our gratitude to the police and prosecutors for understanding our loss and assisting us in this first of many steps towards achieving change and justice.”

Cal Poly president Warren Baker also released a statement Thursday, restating the university’s zero tolerance policy towards hazing.
“The university has investigated more than a dozen students who may have been involved in this tragic event,” Baker said.

“As a result of those investigations and as an outcome of the campus disciplinary process, nine students have either permanently withdrawn from Cal Poly or been suspended for at least one academic year. Our investigations into other students who may have been involved are continuing.”

“We have initiated several new programs designed to eliminate hazing and promote responsible social behaviors. Among those programs are required training sessions for student leaders of greek pledge activities,” Baker added. “We also are hiring two staff people who will devote 100 percent of their time to working with and educating all fraternity and sorority members on these issues.”

The charter of the San Luis Obispo chapter of SAE remains suspended indefinitely.

— Marlize van Romburgh and Giana Magnoli contributed to this report.

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