SIGMA ALPHA EPSILON ORDERED TO PAY $16.2 MILLION

Daniel McCarthy, Manley Burke

In November 2006, Tyler Cross, a freshman at the University of Texas, fell to his death from a fifth floor balcony at his off-campus dormitory.  Cross was a pledge of Sigma Alpha Epsilon.  The police investigation revealed that the chapter was preparing for its annual “Jungle Party,” and that the pledges were each given half-gallon bottles of liquor to drink.  Cross’ blood alcohol content registered as 0.19 at the time of his death, which is more than twice the legal driving limit in Texas.

Tyler’s parents, Donald and Debra Cross, sued the chapter, Sigma Alpha Epsilon International and others, alleging that hazing “constituted physical abuse and bodily harm” that “seriously impaired the physical and mental capacities of Tyler Cross, and proximately caused his death.”  After neither the local chapter nor the international organization answered or replied to the lawsuit, the plaintiffs moved for default judgment.  In late October, State District Judge John Dietz granted the default judgment, and ordered the defendants pay the plaintiffs $16.2 million.

The fraternity has already stated that it will appeal.  In a statement released on SAE’s webpage, the fraternity stated, “The organization is hopeful, based on the facts, that the court will act as requested and that it will have an opportunity to answer as it already has for the individuals and others named in the lawsuit.”  Their request to set aside the default judgment was still pending as of press time.

The civil lawsuit is only the most recent development from Mr. Cross’ death.  Previously, four former members of the chapter were sentenced to probation and two were sentenced to very brief jail sentences for their roles and participation in the hazing activities that led to Mr. Cross’ death.  Those sentenced to jail were pledge trainers and pleaded no contest to hazing and furnishing alcohol to minors.  In addition to jail time, they also received two years of deferred adjudication, which is essentially a form of probation.

Fraternal Law will keep you updated as the case progresses.