lU charged the Alpha Tau Omega fraternity and 26 individuals on Tuesday with violating the Code of Student Ethics.
ATO, 720 E. Third St., and some of the individuals were accused of hazing, endangering a student, possessing and consuming alcohol and lying to University officials, according to a news release from Dean of Students Richard McKaig.
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McKaig would not specify which charges applied to whom.
If ATO or any individuals are found responsible, the most severe punishment would be expulsion from campus, according to the Code of Student Ethics.
The charges stem from the near death of sophomore Dennis Jay, a pledge at ATO. Jay spent 1 1/2 days in Bloomington Hospital for alcohol poisoning and respiratory arrest. Jay. 20, was found to have a 0.48 blood alcohol content.
Friends of Jay claim ATO members encouraged him to drink as part of the fraternity’s “Dads’ Night.”
But ATO maintains the incident was not a hazing or a house-sponsored activity.
McKaig said the charges of hazing and giving false information to University officials resulted from signed statements by more than one individual.
“The judicial process will decide if that is substantial evidence,” McKaig said.
Jay’s stepfather, Steve Prince, said he and Jay’s mother have been talking about the incident for three weeks.
“We didn’t want any other punishment (for the fraternity), besides the truth and an apology,” Prince said. “I wish they had come forward, apologized and taken their punishment like men.”
But Jay’s natural father, also named Dennis Jay, said the fraternity should receive a heavy-handed punishment.
“I would like to see the fraternity closed, cancelled or suspended from the fraternity system until the freshman class of 1991 and 1992 has graduated," Jay's father said.
The 26 individuals' names will not be released because federal privacy law prohibits their discloser, McKaig said.
The fraternity and the individuals will receive notification of their charges and rights by mail. The judicial process will begin after they receive notification, and the hearings should end in two weeks, McKaig said.
But McKaig said when the judicial board makes a decision the organization or individuals have a right to appeal.
ATO alleges the drinking began at Jay's apartment and continued while a few friends watched the IU-Purdue basketball game at the fraternity house.
But a friend of Jay's who prefers to remain anonymous, said the drinking did not start at the sophomore's apartment.
He also said Jay was nervous because he knew “Dads’ Night” usually entails drinking large amounts of alcohol.
“It’s going to be so bad tonight that if I die, make sure you sue them for me,” the friend said Jay told him as he left his apartment.
Another friend who also preferred his name not be used, said Jay told him his fraternity brothers put a “bong” in his mouth and poured whiskey down it. One of the friends said Jay drank approximately one-fifth of Kessler whiskey and a bottle of Night Train wine in less than two hours.
Feb. 10, ATO’s national headquarters in Champaign, Ill., placed IU’s chapter on temporary suspension.
“The suspension means that all chapter activities are temporarily stopped including member recruitment, athletic and social activities,” according to a news release from the national headquarters.
“I suspect our investigation will conclude in about 10 days or two weeks,” said Mark Thorsby, national ATO executive director.
“I think it’s appropriate, as it would be in any case of the violation of University rules,” he said.
It is standard operating procedure for the ATO national headquarters to conduct a formal investigation when a pledge or member is injured, Thorsby said.
But he said this is not a typical case.
“When we got in and found out the blood alcohol content was so high, I said, ‘Hold it, wait a second, it’s time to suspend chapter activities,’ “ he said.
Mike Kornak, IU’s A TO president, said neither Jay nor any of the members of the local ATO chapter would comment on the situation.
Because hazing is a criminal offense, charges outside the University could be filed. Bob Miller, Monroe County prosecutor, said Indiana state law prohibits hazing, and anyone who participated or planned the event could be charged with a class D felony because it could cause serious bodily injury.
Jay’s stepfather said he thinks the fraternity should have handled the situation in a better manner.
“By balking at this, it’s getting worse for them, and for Dennis,” Prince said. “I feel very badly the longer we go on -- the bigger the weight on (Jay’s) shoulders.”
He commented on the dean of students’ decision today.
‘’I think we have mixed emotions. We’re glad the University is involved, but we weren’t thinking about (the possibility of) probation.”
Jay’s natural father disagrees with his son’s support of the fraternity.
“I can disagree with my son,” he said. “I respect his decision although I disagree totally.’’
He said he wishes the University could have resolved the matter in a few days.
‘’This has been an emotional roller coaster for all of us,’’ Jay’s father said. “It’s been going on for three weeks and it’s going to be several weeks before its over.”
