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Fraternity: Wharton Graduate's Death Not Hazing-Related

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RICHARD GOULD

Media General News Service

Published: January 15, 2009

  Harrison Kowiak

HICKORY, N.C. - The fraternity targeted for a possible lawsuit in the death of a Wharton High School graduate says Harrison Kowiak did not die as a result of hazing.

Kowiak, 19, died in November after participating an off-campus activity with the Theta Chi fraternity at Lenoir-Rhyne University, where he was a student. His parents, who live in Tampa, have hired an attorney and this week released a statement saying their son died of hazing and they intend to sue the university and the fraternity.

Dale Taylor, the Theta Chi fraternity national executive director, said Thursday that the attorney, Justin Leto, and the family are attempting to collect a hefty settlement from the university and the fraternity. He disputes Leto's claim that Kowiak died during a fraternity hazing incident.

Taylor said members of the Lenoir-Rhyne Theta Chi fraternity have received letters from Leto and the family stating they hold them personally responsible for the death of Kowiak.

He called the letter accusatory and suspects it was written to intimidate the students.

"It's one of the most atrocious letters I've ever read," Taylor said. "The letter was designed to get as much money as possible."

Taylor declined to share a copy of the letter with the Hickory (N.C) Daily Record.

Taylor said he was not surprised the Kowiaks decided to pursue a lawsuit. Anger is a natural part of the grieving process, he said, and America has become a litigious society where people respond to pain and anger with lawsuits, he said.

He added that fraternity members at the Lenoir-Rhyne chapter are also grieving for Kowiak.

"There isn't a moment that's gone by since this death that these kids haven't thought about Harrison," Taylor said.

Members of the Theta Chi chapter at Lenoir-Rhyne University declined comment when contacted for this story Thursday.

Taylor said he is concerned for several students because the university has initiated disciplinary hearings against them to determine if they were in violation of the school's code of conduct the evening Kowiak died. He is concerned because hearsay evidence is admitted during the school's judiciary panel and testimony given during the hearings can be used later in a civil suit.

Leto said Thursday the announcement of the pending lawsuit was released in reaction to Catawba County District Attorney Jay Gaither's decision not to pursue criminal charges against members of the Theta Chi fraternity who were with Kowiak the night he died.

He added the lawsuit has not been filed and no decision has been reached as to when or where to file the lawsuit.

"This is just the beginning," he said. "We don't want to be premature."

Gaither said Thursday the criminal case was closed and his office had no comment on any potential civil action.

Kowiak died Nov. 18, as a result of a severe blow to the head sustained during an off-campus game of capture the flag during fraternity pledge week, according to a Catawba County Sheriff's Office investigation. Kowiak was a Theta Chi fraternity pledge.

The district attorney's office was contacted regarding the death of Kowiak by the sheriff's office on Nov. 19. At the time, Sheriff David Huffman said Kowiak's injury was accidental and did not involve foul play. Huffman said his investigation did not find that fraternity members set out to harm Kowiak.

He said when Kowiak was injured, the other students with him did everything they could to get him to the hospital so he could get medical attention. If they'd had malicious intent, they could have taken him back to his dorm and just left him there, the sheriff said.

Gaither's office on Tuesday released the results of its investigation of the Lenoir-Rhyne sophomore's death.

"Theta Chi, its members, and Lenoir-Rhyne University should take no solace in the fact that the District Attorney elected not to file criminal charges in this case," Leto said."We have conducted our own independent investigation in advance of a civil action, and the true facts of this hazing incident will be revealed at the appropriate time."

Leto declined to address what information has been uncovered in the family's private investigation or how it was obtained, saying only the investigation ongoing and that a good deal of information has been gathered.

"We're working hard for this family," he said "This was a special young man with a lot going for him and the family feels that's been stolen from them.

"People should not die in team-building exercises."

Lenoir-Rhyne University officials declined to comment on the pending lawsuit when contacted Thursday morning.

The university issued this statement Thursday afternoon: "First and foremost, our thoughts and condolences remain with Harrison Kowiak's family. In light of recent statements by the attorney for Harrison Kowiak's family, we do not believe it is appropriate to comment on the details of this tragic event or the steps Lenoir-Rhyne University has taken in response."

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