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Penn State Frat Hit by Judge’s Statewide Ban in Hazing Case

Pi Delta Psi fraternity faces a 10 year ban from operating any chapters in Pennsylvania.

Doug Fierberg, who has represented many clients in lawsuits against fraternities and is representing the Dengs in multiple civil suits against Pi Delta Psi and its members, also was heartened by the rulings.

“It recognizes that chapters are agents and mere extensions of national fraternities and they are responsible for the injury and death caused across this country for decades,” he said.

Read More on Philly.com

Michael Deng Case: Fraternity, Four Men to be Sentenced in Hazing Death

Doug Fierberg, an attorney for Deng’s family, said prosecutors in the Piazza case could learn from the outcome of the Deng case and Pi Delta Psi case sentencing.
“These are two of the higher-profile circumstances involving the prosecution of hazing,” said Fierberg. Prosecutors in the Piazza case, he said, “might as well learn” from the outcome of the Deng case.

Fierberg said he expects the Deng case “will help clarify” some things ahead of the Piazza case and could set “a number of precedents.”

Read more on CNN.

Indiana State University Freshman, Yiorgo Karnezis, Fatally Falls From Boat at Sigma Chi Fraternity Event

School Violence Law extends our deepest sympathies to the family of Yiorgo Karnezis.

Yiorgo Karnezis, Indiana State University, Sigma Chi Fraternity
Friends, family, and the Sycamore community gather to celebrate Karnezis’ life with a candlelight vigil.

Yiorgo Karnezis – the Indiana State University freshman who lost his life after falling from a boat at a Sigma Chi fraternity event in Illinois – was celebrated by family, friends, and community at a candle light vigil in Sycamore, Indiana. 

Douglas Fierberg – a nationally renowned wrongful death attorney who has brought suit against universities, national fraternities, and local chapter members for student deaths – cautions:

“Even if a party is held at an off-campus location, the hosts and the organization may still be liable.”

School Violence Law specializes in representing victims of similar tragedies associated with fraternities, as such, our hope is that the Karnezis family finds answers related to how this terrible loss transpired.

Our thoughts are with Yiorgo’s family and community during this extremely difficult time.

National Hazing Prevention Week

September is National Campus Safety Awareness Month (NCSAM).

NCSAM received the unanimous support of congress in 2008. Each September, the Clery Center partners with colleges, universities, and other organizations to offer campus safety resources, programming, and ideas.

Although headlines capture the best- and worst- of the field, there’s one thing the Clery Center knows to be true: people don’t function well in fear; individuals make the best decisions when they are informed, offered support, and are confident in their knowledge and skills.

Keeping this in mind, the Clery Center is continuing its practice of dedicating National Campus Safety Awareness month to providing professional development resources and opportunities that can help practitioners move forward on their own campuses.

In accordance with National Hazing Prevention Week, the Clery Center is featuring resources (below) for general audiences (students, parents, etc.) who wish to understand and communicate effectively about hazing, and learn strategies for bystander intervention.

Show the Clery Center what you’re doing for #NCSAM2016 and let’s continue #movingforwardtogether!

School Violence Law Represents Georgia High School Student Suspended After Reporting Her Sexual Assault

Title IX Complaint filed due to school district’s gross mishandling of sexual assault on a freshman student.gwinnett county public schools, slate, sexual assault, high school sexual assault

The assault our client endured, and the school administration’s reaction thereafter, is chronicled by Slate contributor Nora Caplan-Bricker, in a piece entitled, My School Punished Me.”

In the gripping article (below) Caplan-Bricker discusses the complaint itself while simultaneously casting a spotlight on the larger issue of sexual assault and Title IX mismanagement occurring all too frequently in K-12 schools across the nation.

Peachtree Ridge High School is a low-slung concrete building in Suwanee, Georgia, an affluent suburb north of Atlanta. School had just gotten out on Feb. 4, 2015, and a 16-year-old sophomore was waiting just inside the main entrance for her mother to pick her up, she says, when a male classmate approached and said he wanted to show her some video equipment. She says that she followed him into the school’s newsroom, just down the hall, where he allegedly coerced her into performing oral sex.

The next morning, the female student did something unusual for a sexual assault victim: She went straight to her first-period teacher and, in tears, reported the incident. (Since both parties are minors whose names have never appeared in the press, Slate is protecting their privacy and will refer to the alleged victim by her initials, T.M.) What followed was at least as disturbing as the event she detailed, according to a legal complaint that T.M.’s family submitted to the U.S. Department of Education’s Office for Civil Rights.

The Peachtree Ridge resource officer who first questioned T.M. set the tenor of the school’s investigation when he asked her to describe what she was wearing at the time of the assault, according to the complaint, which the family’s lawyers provided to Slate. The complaint says the officer also requested that she explain why she didn’t fight off her assailant: “Why didn’t you bite his penis and squeeze his balls?” he allegedly asked. (The resource officer did not respond to a request for comment, nor did other school administrators named in the complaint, or the two teachers to whom T.M. originally reported the incident.)

The complaint states that within days, T.M. and her parents were informed that she would be suspended, as would the boy, until the school could conduct a joint disciplinary hearing. There, she and the alleged perpetrator, or their legal representatives, would cross-examine each other. If T.M. couldn’t prove that what she’d experienced was assault, she would be disciplined along with the boy for engaging in sexual activity on school grounds, a violation of Peachtree’s rules.

“We begged and pleaded with the superintendent to hold the hearing for each one separately, so that it would be less traumatizing,” T.M.’s father told me. “We even considered not having her attend at all.” But not showing up would have resulted in an automatic finding of guilt. They weighed “the moral thing of what’s right—is it right to let that boy get away with it? Is it right to not try to hold the school accountable?” T.M.’s father says. “In the end, we decided, and [T.M.] decided, that she wanted to try to stand up for herself. Of course, that did no good whatsoever.”

“I really wish my school would have helped me instead of looking out for itself,” T.M. wrote to me in a statement. “The school took advantage of me, and that wasn’t fair. … The school should have pulled my attacker out of school and put him somewhere else, far away from me.”

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Lawsuit Filed on Behalf of Ooltewah High School Rape Victim

School Violence Law filed suit on behalf of the Ooltewah High School Rape Victim who was sodomized with a pool-cue by teammates.

The lawsuit, as reported by the Times Free Press, was filed in Federal court today, stating that district administrators and school employees knew a culture of abuse had been taking place for years, “and their failure to remediate this rampant abuse resulted in escalation of male student athlete’s harassment, hazing, and assaults of teammates.”

Our client’s (referred to as John Doe in the lawsuit) Title IX rights were violated, as the defendants knew violence and gender-based hazing was taking place and “created a climate in which such misconduct was tolerated, thus encouraging continued and repeated misconduct and proximately causing injury to John.

The Hamilton County Board of Education, former Ooltewah High School Principal Jim Jarvis, the school’s former Athletic Director Allard “Jesse” Nayadley and former boy’s head basketball coach Andre “Tank” Montgomery, were “reckless, grossly negligent and deliberately indifferent to the health, safety and welfare of the [victim].”

Attorneys for the victim, Douglas Fierberg and Monica Beck , along with co-counsel Eddie Schmidt, argue the Ooltewah High School Board failed to “exercise reasonable care to supervise and protect our client, and that Jarvis, Nayadley and Mongtomery’s negligent actions provided legal grounds to remove the board’s immunity.”

“Schools are required by federal and state law to prohibit violent hazing and gender-based violence,” Monica Beck said in a written statement to the Times Free Press. “This young man had a right to participate on the basketball team without sacrificing his physical and emotional safety to hazing traditions long known and tolerated by school officials.”

Fierberg Comments on DA’s Decision to Drop Two High-Profile Campus Rape Cases

Fulton County District Attorney will not bring charges against the assailants involved in campus rape cases at Morehouse College and Georgia Tech.

The three Morehouse basketball players accused of sexually assaulting a Spelman College student in March 2013 were arrested in April 2013 on various assault and rape charges, released on bond, and suspended from Morehouse while Howard’s office investigated. In the second case, Caleb Ackerman, the Georgia Tech student accused of raping an Agnes Scott College Student at his fraternity house in January 2014, was expelled from the university.

campus rape case, campus rape, campus rape cases, doug fierberg, douglas fierberg, the fierberg national law group, school violence law, campus rape attorney, campus rape lawyer
Howard (pictured above) will not bring charges in two high-profile campus rape cases. Kent D. Johnson/Atlanta Journal-Constitution

The Georgia Tech case garnered national attention, in part, because Ackerman’s fraternity, Phi Kappa Tau, drew public scrutiny after an email surfaced from one member instructing others how to lure “rapebait” by plying female guests with alcohol.

When the first victim came forward with her allegations of rape after drinking alcohol provided by Phi Kappa Tau members at their fraternity house, another Agnes Scott student followed suit, telling Georgia Tech police Ackerman had raped her in 2012 at an event held at the fraternity house. While the second women did not wish to pursue criminal charges against Ackerman, both women sued the fraternity, saying it “promoted a rampant culture of rape and misogyny.”

Attorney Douglas Fierberg, represented both women in the civil case against the Phi Kappa Tau fraternity that settled about a year ago for an undisclosed sum. Fierberg says Howard’s delay was unwarranted.

“We were able to bring a (civil) case forward, prove what needed to be proven and reach a resolution long before the state decided to move or not,” Fierberg said.

The long delay of Paul Howard’s decision – over two years – prompted complaints that both the accused and the victims were left in limbo.

“No prosecution makes no sense,” said Fierberg.

Click here to read the article in its entirety.

Cari Simon in Washington Post – “Biden and Obama Rewrite the Rulebook on College Sexual Assaults.”

Cari Simon’s representation of campus rape survivors featured in Washington Post article concerning the college sexual assault crisis in America.

In the wake of the Stanford University rape case, the focus on campus sexual misconduct has intensified.

Vice President Biden penned a gripping letter to the victim – “I am filled with furious anger, both that this happened to you and that our culture is still so broken.” The letter seemed to encapsulate the national outrage that erupted when the woman’s attacker was sentenced to just six months in county jail and simultaneously cast light on the rigorous effort of this administration to transform the way colleges and universities responded to allegations of sexual misconduct.

“The administration’s approach — through federal enforcement of civil rights protections and a campus-based advocacy campaign — was spurred in part by an emboldened group of survivors who have gone public with their complaints about their schools’ unresponsiveness. But it also reflects the activism of Biden and President Obama, who became alarmed at the idea of rape as a fixture of college life.” – The Washington Post

In 2001, the Education Department’s Office for Civil Rights issued guidance that sexual harassment constituted a threat to students’ ability to pursue educational opportunities.

School Violence Law attorney Cari Simon, of The Fierberg National Law Group has represented dozens of campus-assault survivors. She tells The Washington Post, aspects of the guidance, like accommodations to shield victims from subsequent harassment and trauma, are critical to avoid them going into “a downward-spiral path”.

Cari recently garnered national attention with her representation of two Kansas State University sexual assault survivors, Sara Weckhorst and Tessa Farmer. Weckhorst and Farmer were raped at university sanctioned fraternity houses, but due to Kansas State’s refusal to investigate sexual assaults occurring off-campus, must continue to share campus with their assailants. With the help of Cari Simon, the two women are suing Kansas State University, and on Friday, the Justice Department filed two separate amicus briefs on the students’ side, arguing their Title IX suits should go forward.

Schools are legally obligated to ensure sexual violence does not undermine students’ educations, and although the federal disciplinary guidance remains controversial, the campaign for bystander intervention that the White House launched in 2014, It’s On Us, has won widespread support by encouraging victims and bystanders alike to demand more accountability from schools.

Click here to read the article in its entirety.

Fraternity Hazing and Sexual Assault BBC Documentary Features The Fierberg National Law Group

Frat Boys: Inside America’s Fraternities, aired last week to audiences across Europe, garnering rave reviews.

The hour long BBC expose dives deeper into U.S. Fraternity life, narrowly debunking and greatly personifying fraternity stereotypes that exist within the minds of Europeans, and let’s be honest, (non-Greek) Americans alike.

In the midst of toga parties and binge drinking, Douglas Fierberg and Cari Simon of The Fierberg National Law Group and School Violence Law cast a sobering light onto the common practices of hazing and sexual assault that run rampant within fraternity culture.  While our client, Terrance Bennett, bravely chronicles his experience as a Tau Kappa Epsilon (“TKE”) pledge, recalling in horrifying detail the hazing practices that led him to be hospitalized for weeks and nearly cost him his life.

“The film highlighted two disturbing statistics: that frat member students were three times more likely to commit sexual assault than non-members, and that violent initiations, known as “hazing”, have been responsible for a staggering 22 deaths in just eight years. More sinister still is that American universities have been complicit in keeping such occurrences out of the courts, and out of the news, because they receive 75 per cent of donations from fraternity members.”The Telegraph

The family of Harrison Kowiak, a 19 year old co-ed who died trying to join a fraternity, also shares their son’s story in the documentary. A football accident, his family was told, initially, took Harrison’s life.  Though, after commissioning their own investigation, Harrison’s family discovered he’d been killed during a hazing ritual in which pledge’s are taken to a desolate field in the black of night and told to capture a sacred rock while being tackled from all sides by fraternity brothers dressed in dark clothing.

Frat Boys: Inside America’s Fraternities will air in the United States Fall 2016.

Click here to read more about the BBC documentary as told by the British national daily newspaper, The Guardian.

Nicholas Holt, Sophomore at Stony Brook University, Tragically Died After Frat Party

Police are investigating the death of a Stony Brook University student following a party at an off-campus fraternity house last week.

Nicholas Holt, stony brook university, alpha phi delta, fraternity, death
Stony Brook University sophomore, Nicholas Holt, tragically loses his life after attending Alpha Phi Delta fraternity party

The student, Nicholas Holt, was a freshman at Stony Brook University and member of the Alpha Phi Delta fraternity, according to an article published by NBC 4 New York.

Stony Brook University has reported to NBC 4 New York that Nicholas lost his life several days after he was taken from the party to Mather Hospital.

Having represented victims of similar tragedies associated with fraternities, our hope is that Nicholas Holt’s family finds answers related to how this terrible loss transpired.

Our thoughts are with Nicholas’ family and community during this extremely difficult time.

Click here to read the article in its entirety.