The University of California Board of Regents can not be held responsible in a Riverside lawsuit alleging a student died from fraternity hazing, a Riverside judge ruled.
After University of California, Riverside, student Tyler Hilliard died while pledging Alpha Phi Alpha Sept. 16, 2018, his parents brought a wrongful death case against both the university and the fraternity.
They claim the university shares responsibility for their son’s death because of the actions of one of the campus employees.
Riverside Superior Court found June 7 that four of the parents’ six causes against the University of California were to be dismissed because the complaint did not prove the university knew about the employee’s actions, or prove that the employee contributed to hazing during the course of his employment.
The employee, Greek life adviser Ekpeju “Ed” E-Nunu, now works at University of California, Irvine.
The plaintiff’s lawyers have not yet responded to a June 7 request for comment.
The Alpha Phi Alpha–Pi Epsilon Chapter denied the hazing allegations in their response to the complaint Nov. 22.
Parents allege hazing rituals
Myeasha Kimble and William Hilliard alleged in their complaint that their 20-year-old son, Tyler, began joining the Alpha Phi Alpha–Pi Epsilon Chapter at UCR around September, 2018. The complaint alleged that fraternity members punch, kick, slap and paddle people who want to join the group.
The complaint alleged E-Nunu had experienced hazing as a member of Alpha Phi Alpha in 2005, and in 2018 knew about the hazing process, planned hazing events for the fraternity and participated in the hazing process by requiring pledges to run errands for him and, in at least one case, participating in a beating.
Injury
Tyler complained that his buttocks had turned blue and purple due to fraternity members paddling it Sept. 4, 2018, the complaint claims.
Records show Tyler was hospitalized due to chest pain Sept. 8, 2018.
He was repeatedly punched in his gut, paddled and required to eat raw onions covered in hot sauce on a daily basis, the complaint claims.
Sept. 15, 2018, a day before his death, the fraternity took Tyler and other fraternity candidates on a dusk hike to Mount Rubidoux. There, his parents claim, fraternity members kicked Tyler in the chest, and threw him into cacti.
His parents claim these events resulted in Tyler’s death.
Kimble and Hilliard brought six causes of action in their third amended complaint against both the fraternity and the university: wrongful death, hazing, violation of personal rights, violation of the Tom Bane Civil Rights Act, assault and battery, and negligent hiring, supervision and retention.
The parents requested punitive damages, hospital and burial expenses, an injunction against hazing and emotional distress damages, among other forms of relief.
Ruling
The Riverside Superior Court ruling dismissed four of the parents’ causes against the university. The university could not be held responsible for wrongful death, hazing, assault and battery, or negligent hiring, supervision and retention under the current complaint, the court found.
The court found that the university could not be held liable because the parents did not prove the university knew about the hazing, even though a campus employee may have been involved in it. The university could also not be held responsible for E-Nunu’s alleged conduct in hazing because that conduct would have occurred outside the course of his job.
“Plaintiff does not cite to any authority that Regents can be held liable for information that its employees obtained outside the scope of employment. As such, it does not appear that Regents can be held liable for information Ed was aware of due to his hazing of pledges. There are no allegations that anyone else from Regents was aware of Ed’s conduct or the conduct of the fraternity,” the court ruled.
The court did not touch on the plaintiff’s accusation that the university violated Tyler’s personal rights, or violated the Tom Bane Civil Rights Act. The court left 20 days for the parents to refile an amended complaint after hearing oral argument.
Case information
Riverside Superior Judge Carol Greene presides.
James DeSimone and Carmen Sabater of Marina Del Rey’s V. James DeSimone Law, Toni Jaramilla and May Mallari of Los Angeles’ Toni Jaramilla, A Professional Law Corp. and Rodney Diggs of Los Angeles’ Ivie McNeill Wyatt Purcell & Diggs represent the plaintiffs.
Justin Sanders, Melvin Felton and Edwin Rush of Los Angeles’ Sanders Roberts represent the Alpha Phi Alpha Fraternity–Pi Epsilon Chapter.
Amy Evenstad of Los Angeles’ McCune & Harber represents the University of California.
Case number RIC1906176.
Read the third amended complaint here.
Read the fraternity’s response here.
Read the ruling here.
