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Ex-Wharton Student's Family Blame Hazing For Son's Death

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By RAY REYES | The Tampa Tribune

Published: January 14, 2009

Updated: 01/14/2009 09:13 pm

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• Previous: Teen Fatally Injured

  Harrison Kowiak

HICKORY, N.C. - The parents of a Tampa teenager who died in North Carolina during "Hell Week" plan to file a civil lawsuit against the Theta Chi fraternity, the students involved in the incident and Lenoir-Rhyne University, according to the family's attorneys.

Harrison Kowiak, 19, a graduate of Wharton High School, died Nov. 18 as a result of a severe blow to the head during an off-campus activity with the university's Theta Chi chapter, according to investigators with the Catawba County, N.C. sheriff's office.

Theta Chi and Lenoir-Rhyne University "allowed Hell Week activities to take place" and the university has failed to sanction the fraternity or its members, Kowiak's parents, Brian and Lianne, said in a prepared statement released by the family's Miami-based attorneys. They say they consider their son's death the direct result of hazing.

The county's District Attorney's Office says it will not pursue criminal charges.

"After a full review of the investigative report and the events surrounding the death of Kowiak, the District Attorney's Office finds there is no basis for criminal charges related to his death," the agency said in a written statement today.

Brian and Lianne Kowiak see it differently.

"We have conducted our own independent investigation in advance of civil action and the true facts of this hazing incident will be revealed at the appropriate time," the Kowiaks said in their written statement. "As a result of the negligence and carelessness of Theta Chi, its members and Lenoir-Rhyne University, Harrison Kowiak lost his life after suffering a catastrophic brain injury during the hazing event.''

In November, Catawba County Sheriff David Huffman said Kowiak's injury appeared to be accidental and did not involve foul play. Kowiak was hurt at about 11 p.m. on Nov. 17 in a pasture along N.C. 127 South, in an area commonly known as Buffalo Farm, detectives say.

While participating in the activity with another pledge and between 17 and 20 active fraternity brothers, Kowiak suffered a severe blow to the head, but witnesses were unable to explain the specifics of how the injury happened, detectives say.

Kowiak remained conscious after the injury, but witnesses told investigators he lost some motor control and had trouble making sense when speaking. Rather than calling 911, the students drove Kowiak to Frye Regional Medical Center, where he was treated before being flown to Carolinas Medical Center in Charlotte. He later died at that hospital.

Justin Leto, the attorney from the law firm Alan Goldfarb, P.A., that is representing the Kowiaks, said the activity held that November night has been mischaracterized as "capture the flag."

Kowiak and the other pledge were told to run to a certain goal in the field, but they had to get through 22 Theta Chi brothers to reach the destination, Leto said.

"They were tackled and pushed," Leto said. "At some point, Harrison was hit by someone, or he hit his head on the ground or an object."

Details of the activity were not told to the pledges and "there was veil of secrecy about it" before the students met on the field, Leto said.

"We categorize that as hazing," the attorney said.

A representative of Theta Chi's national chapter and a spokesman for Lenoir-Rhyne University could not immediately be reached for comment.

Kowiak grew up snowboarding and skateboarding but found his calling playing golf, his parents said during a memorial service in North Carolina in November. The small, private Lutheran college in Hickory recruited Kowiak to play golf.

Information from Media General News Service contributed to this report. Reporter Ray Reyes can be reached at (813) 259-7920.

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