Fraternity President Ordered to Pay $6.5 Million in Hazing Case Resulting in the Death of Stone Foltz 

Grace Moseley, Fraternal Law Partners, grace.moseley@manleyburke.com

 On December 12, 2024, a Franklin County, Ohio, Court of Common Pleas magistrate ordered Daylen Dunson, former chapter president of the Pi Kappa Alpha Fraternity (“PIKE”) at Bowling Green State University (BGSU), to pay $6.5 million in damages to the family of Stone Foltz. The decision stems from the tragic 2021 hazing death of Foltz, a 20-year-old sophomore.^[1]

As readers likely recall, on March 4, 2021, Foltz and other new members of PIKE’s Delta Beta Chapter attended a new member education night in which each person was assigned a big brother within the fraternity. After the pairings were revealed, each new member was given a bottle of alcohol to consume. Foltz received a one-liter bottle of Evan Williams Bourbon, which he finished in eighteen (18) minutes.[2]

As Foltz became increasingly intoxicated, losing the ability to stand, speak, or breathe properly, fraternity members failed to seek medical assistance. Instead, they transported him to his apartment and left him alone. Hours later, Foltz’s roommate discovered him unconscious on the sofa. Emergency services were called at 11:23 PM, approximately two hours after he had consumed the alcohol. Despite efforts to save him, Foltz passed away on March 7. His autopsy revealed that his blood alcohol content was 0.394 g/dL.

Following Stone’s death, BGSU expelled three students, suspended eighteen others, and permanently banned PIKE from campus.[3] Eight students, including Dunson, pled guilty to various criminal charges. Dunson was convicted of reckless homicide, tampering with evidence, obstructing justice, obstructing official business, eight counts of misdemeanor hazing, and seven counts of providing alcohol to an underaged person. He was sentenced to twenty-eight days of house arrest and three years of probation.[4]

In addition to criminal charges, the Foltz family pursued a civil wrongful death lawsuit in state court against Dunson and several other defendants, including PIKE National and its Delta Beta Chapter. While the family settled with twelve (12) defendants for a total of $8.5 million,[5] Dunson failed to participate in the civil proceedings, leaving him as the only remaining defendant and ultimately leading to a default judgment against him.[6]

The family originally sought $225.3 million in damages, including:

• $33.8 million in survivorship damages (calculated per ounce of alcohol consumed),
• $54 million in wrongful death damages (one million per year of Foltz’s life expectancy), and
• $137.5 million in punitive damages to deter future hazing practices.

The Court, however, awarded $6.5 million, broken down as follows:

• $175,000 in survivorship damages (based on the number of minutes Foltz was conscious following the hazing),
• $6 million in wrongful death damages ($2 million for each parent and $1 million for each of Foltz’s siblings), and
• $350,000 in punitive damages, the statutory maximum under Ohio law.).[7]

As the only remaining defendant, Dunson is solely responsible for this entire judgment amount.

The Court acknowledged the constraints imposed by Ohio’s legal framework in determining the amount of the award. While expressing sympathy for the Foltz family, the Magistrate emphasized that the damages awarded adhered strictly to statutory limitations[8]:

The undersigned acknowledges that this is a case that most certainly arouses sympathy for Stone and his family. However, as required by law, the undersigned did not allow this to influence her determination of damages…. Here, the undersigned awarded the largest punitive damages allowed by our law.[9]

            Sean Alto, the Foltz family’s attorney, stated that the trial was not just about compensation, but accountability. “The purpose of going to trial against the lone defendant who ignored every single piece of this case from A to Z was accountability,” Alto said. “It was about holding the last remaining individual responsible for his actions that led to Stone’s death.”[10]

The significant judgment against Dunson underscores the potential personal liability individuals may face for their roles in hazing activities.

[1] Foltz v. Pi Kappa Alpha Int’l Fraternity, No. 21CVC05-2923 (Franklin Cnty. C.P. Dec. 12, 2024).

[2] Timothy M. Burke, Death of Stone Foltz Results in Severe Criminal Consequences, 174 Fraternal L. 5 (May 2021).

[3] Sheridan Hendrix, Three Bowling Green Students Expelled, 18 Suspended Following Stone Foltz’s Hazing Death, Columbus Dispatch (Jul. 30, 2021, 2:10 PM).

[4] Timothy M. Burke, Final Sentences Issued in Hazing Death of Stone Foltz, 174 Fraternal L. 5 (Sep. 2022).

[5] Included in this figure is $2.5 million from a settlement with BGSU.

[6] Foltz, No. 21CVC05-2923 (Franklin Cnty. C.P.).

[7] Id.

[8] Ohio Rev. Code 2315.21(D) provides the amount awarded as “the lesser of two times the amount of the compensatory damages awarded to the plaintiff from the defendant or ten percent of the individual’s net worth when the tort was committed up to a maximum of three hundred fifty thousand dollars.” Because the Court was unable to determine Dunson’s net worth, it awarded punitive damages of $350,000, twice the survivorship damages of $175,000.

[9] Foltz, No. 21CVC05-2923.

[10] Andrew Bailey, Former BGSU Fraternity President to Pay $6.5M to Family of Stone Foltz, Judge Rules, WTOL 11 (Dec. 17, 2024, 6:10 PM).