FILED MARY L. SWAIN BUTLER COUNTY CLERK OF COURTS IN THE COMMON PLEAS COURT OF BUTLER COUNTY, OHIO 12/07/2020 03:54 PM CV 2020 12 1796 Tyler Perino c/o Cooper & Elliott, LLC 305 West Nationwide Boulevard : Columbus, Ohio 43215, : Case No. Plaintiff, : Judge ve : Joshua Plaster JURY DEMAND : ENDORSED HEREON and = ‘Webster and Andrew Brinkman Defendants, COMPLAINT ‘This case arises from the serious physical and mental injuries suffered by Tyler Perino, a former student at Miami University and pledge to the Delta Tau Delta, Gamma Upsilon Chapter. During the pledging process, Tyler Perino was subjected to extensive hazing, including, but not limited to, being: (1) forced to stay up late at night to engage in various activities; (2) forced to “workout” involving wall sits, planks, and pushups on sharp objects; (3) covered in an unknown substance and having peanut butter and jelly under his eyes; (4) forced to purchase drugs, alcohol, and food for active members; (5) forced to drink an entire bag of wine (approximately10002); and (6) forced to do wall sits while he vomited from the forced alcohol consumption. The hazing caused Tyler bodily injury and extreme emotional distress, PARTIES, JURISDICTION AND VENUE 1, Plaintiff Tyler Perino is a resident of Lucas County, Ohio. At all relevant times, he was a student at Miami University residing in Butler County, Ohio. 2. Defendant Josh Plaster was a student at Miami University, a resident and citizen of Ohio, and at all relevant times, a member of the Delta Tau Delta Fraternity (“Delta Tau Delta”) and the Gamma Upsilon Chapter of Delta Tau Delta Fraternity (“Gamma Upsilon Chapter”). In the spring of 2019, Josh Plaster served as the “Big Brother” to Tyler Perino. 3. Defendant Hugh Webster was a student at Miami University, a resident and citizen of Ohio, and at all relevant times, a member of Delta Tau Delta and Gamma Upsilon, Throughout the spring of 2019, Hugh Webster served as the Membership Educator for the Upsilon Chapter’s Spring 2019 pledge class. 4, Defendant Andrew Brinkman was a student at Miami University, a resident and citizen of Ohio, and at all relevant times, a member of Delta Tau Delta and Gamma Upsilon ‘Throughout the spring of 2019, Andrew Brinkman served as the President of the Gamma Upsilon Chapter. 5. This Court has jurisdiction over the parties and this case because the events giving rise to this lawsuit occurred in Butler County; defendants reside in Butler County; and the acts siving rise to this case occurred in Butler County. 6. Venue is proper in this Court because some of the defendants reside in Butler ‘County and the events giving rise to this action occurred in Butler County, Ohio.BACKGRO! .CTS Hazing of Tyler Perino 7. Inearly 2019, Tyler Perino transferred from Sienna Heights to Miami University. Shortly after transferring to Miami, he started to explore various fraternities. 8. The Miami Greek Rush process began in January 2019. Tyler visited the Delta Tau Delta house with two friends and met with several active members. Members asked Tyler about his GPA and Tyler felt that was a sign that this would be a good fit for him. 9. The bid process for Delta Tau Delta unfolded over the next several days. On or about January 29, 2019, Tyler received a call from an unknown number asking “where are you at?” 10, Several active members picked Tyler up. They blindfolded Tyler and took him to 220 North Tallawanda Road (“Fraternity House”). When Tyler arrived, there were several other young men who had been brought to the house as well. 11. One by one, the Delta active members took the pledges into another room. ‘Tyler ‘was put into a chair and asked, “Are you Tyler Perino?” Tyler responded that he was and the Delta member proceeded to offer Tyler a bid to the Delta Tau Delta fraternity, 12, Tyleraccepted the bid. 13. ‘The hazing began nearly immediately 14, Defendant Plaster served as the “big brother” for Tyler Perino. Defendant Webster served as the Gamma Upsilon Chapter's Member Educator and Defendant Brinkman served as the President of Gamma Upsilon Chapter. Defendants were personally in charge of overseeing and managing the Chapter’s pledge process. 15. As members of Delta Tau Delta, each Defendant agreed in writing to refuse to participate in any hazing activities, to abide by Delta Tau Delta’s policy on hazing, alcohol use, -3-and drug use, to uphold the laws, rules, regulations and policies of Delta Tau Delta, and to abide by Delta Tau Delta’s Constitution and Bylaws. 16, Atal relevant times, Delta Tau Delta’s Bylaws and policy on hazing forbid hazing, which they defined to inelude “[aJny form of physical or mental harassment, violence, abuse, of failure to accord to any pledge or initiated member the dignity due him as aman...” 17, Defendants knew, or in the exercise of reasonable care should have known, that Delta Tau Delta and Miami University were relying on Defendants to responsibly oversee and manage the pledge process to ensure it was free from hazing and safe for pledges, including Tyler Perino, 18. On or about February 6, 2019, Tyler and the other 29 pledges were brought to the Delta house, They were forced to stay up all night and interview each other—this went on for 15 hours, At about 6:00 a.m. on February 7, 2019, the active members forced all of the pledges to 220 into the basement for a “workout.” This involved wall sits, planks, and push-ups. During the ““work out,” there wes broken glass strewn around on the basement floor where the pledges were being forced to work out, after being completely deprived of sleep. 19, During the “workouts,” Delta members would cover the pledges in some unknown powder and put peanut butter and jelly under the pledges eyes. 20. After being up all night and completing the “workout,” Tyler went directly to his 8:30am. class. 21. ‘On or about February 9, 2019, Delta held a “Poker Night” at the Fraternity House. For this event, the pledges were forced to spend $80-90 each on various items, including alcohol (approximately 30 bottles of liquot), marijuana (nearly 40 joints), pizzas, tables, tablecloths, chairs, poker chips, among other items. Defendants Plaster, Webster, and Brinkman were present for “Poker Night.” -4-22, Below are photographs of the marijuana and the liquor that pledges were forced to purchase for the “Poker Night” party, which was held at the Fraternity House:23. During “Poker Night,” one of the active members was very intoxicated and pushed a pledge. The pledge fell and ctacked his head open and had to be taken to the hospital. 24, During a “Brotherhood Bonding” event on or about February 14, 2019, the members gathered the approximately 30 pledges and divided them into five groups. Each group ‘was assigned to 12-15 active members. One group went to the Delta house and the other four ‘groups went to one of the five Delta annex houses—"Champagne High,” “High Five,” “210,” “Bored of Education,” or “Glory Daze.” 25. During the “Brotherhood Bonding” event, Tyler was forced to drink an entire bag ‘of wine (approximately 100 02), “shotgun" five beers, and drink several cans of Four Loko. 26. Afterwards, Tyler was forced to do wall sits while he vomited from all of the forced drinking. 27. There was another “Brotherhood Bonding” event on or about February 21, 2019 where Tyler and the other pledges were forced to drink large quantities of alcohol. Tyler had not eaten much that day and felt very sick. He told the active members that he needed to eat and they brought him what looked like dog food to eat 28. Defendants were all present and involved in the “Brotherhood Bonding” and other events described above. 29. Tyler was also forced to be available at all hours for various tasks, such as buying cigarettes or chewing tobacco for the active members. 30. Tyler and the other pledges were also forced to drink large quantities of alcohol and then sing to large groups of sorority members in an effort to humiliate the pledges. u ‘Shotgunning” is means of consuming a beverage, commonly beer, very quickly by punching a hole in the side of te ean, near the botom, placing the mouth over the hole, and pulling the ab to open the top. The beer ‘quickly rains, and is quickly consumed. <7.31. On February 21, 2019, Josh Plaster texted Tyler “Do you have a fake” and told him that “I’m gonna need you to buy some ale for tonight.” Tyler told him he could not afford it and Plaster told Tyler “You might wanna ask someone in your pc to hel you out then” and to “figure it out.” 32, On or about February 23, 2019, there was a so-called “initiation” event. However, this was nothing more than defendants’ attempt to avoid Miami University's March 1 cutoff for the pledging process and avoid any further oversight. In fact, the hazing got worse after February 23, The active members still referred to Tyler and the others as “pledges” and told them that they had to eam their respect by doing whatever they said. 33. On March 12, 2019, Tyler told Delta member Zach Persky that “Pledging really fucked me up.” Persky responded that Tyler had “to be in attendance Saturday” and that “it fucks everyone up.” More specifically, Persky said: “It’s the point of it to turn boys into men it fucking sucks but it pays offin the end and you don’t appreciate it until you're a little older because I hated it but now have respect for it.” 34. On March 16, 2019, Zach Persky told Tyler that “Tonight is an all night thing and yes you will be drinking.” 35. Tyler arrived at the Fratemity House around 6:45 pm that evening. As soon as he walked in, he was told to put a blindfold on. ‘Tyler was in a room with the 24 other pledges. 36. Atone point, the active members singled Tyler out because he was having trouble with grades and wasn’t coming to enough events in the two weeks leading up to the March event. 37. Someone grabbed Tyler from the couch and put him on the floor, which was covered in beer. He was told to do “meowups,” which are pushups while making a “meowing” sound. After doing 20-30 pushups, Tyler put his knee on the ground to take a break. One of theactive members kicked him in the chest to prompt him to keep going. Tyler continued to do “meowups.” 38. After he was finished, Tyler was forced to sit on the knees of two pledges, instead of on the couch. Tyler was told the other pledges were “carrying him” so he had to sit on their laps. 39. During this time, Tyler was told “you're so fucked” and someone spit beer in his face. They would whisper in his ear and then slap him across the face multiple times. 40. After about 60 minutes of this, the active members lined up the pledges in a single file line and walked the pledges to different rooms to learn who their “big brothers” would be. 41. Shortly after arriving in the room to learn who is “big brother” was, Tyler heard another pledge getting struck with a paddle and immediately start sereaming and cussing. 42, The next thing Tyler knows, the active members are rubbing a paddle between his legs. Out of nowhere, Tyler got hit with a paddle on his backside. Tyler began to scream. 43. The paddle had holes and grooves on it and had edges that caused extensive bruising and cuts on Tyler’s backside:44, After the first paddling, Tyler turned around and said “I’m done and f don’t want to be part of this shit anymore, I’m leaving.” 45. The entire room went silent. Then people began to laugh. 46. Anunfamiliar voice said “the first one hurts the most and then you'll get numb to itand it won't hurt that much, Get back on the wall.” 47. Throughout the evening, Tyler was paddled several more times. 48. During the evening, Josh Plaster forced Tyler to drink 6 Smirnoff Ice in less than five minutes. Tyler vomited numerous times during this process. 49. Atthis point, Tyler thought it was over. He was wrong. 50, Josh Plaster handed Tyler a bottle of Crowne Royel and told Tyler he had to finish the bottle that night. $1. Tyler was told to “chug until you puke.” 52, Several other pledges had bottles as well and the group went around in a circle with each pledge chugging hard liquor until they vomited. 53, Tyler vomited after nearly every sip of the Crown Royal. $4, Numerous times through the night active members would say “Hey Tyler, get on the wall” and proceed to paddle him. 55, Asif this was not enough, later in the evening, Josh Plaster handed Tyler a joint and told him to smoke it because it “would help the pain,” 56. After that, Tyler was put on the wall again and told that it was “tradition” to paidle the pledges “on the bare ass.” 57. Josh Plaster proceeded to paddle Tyler dircetly on his backside. -10-58. Atsome point after it was clear Tyler was unable to continue any further because of the drugs, alcohol, and physical abuse, Josh Plaster took ‘Tyler back to his dorm and left him by himself. 59. Tyler continued to vomit when he returned to his dorm room. At that point, he felt like he was going to die. 60. 911 was called and Tyler was transported to the hospital. He had a BAC of 231. 61. ‘The next day, March 17, 2019, just hours after Tyler was beaten with a paddle and forced to drink large quantities of alcohol and take drugs, which lead to Tyler being taken to the hospital, Delta Tau Delta president Androw Brinkman texted Tyler: “Please do not say anything that would threaten the future of the fraternity either, this organication means a fon to me.” 62, The incidents described above negatively affected Tyler Perino’s physical, mental, and emotional health, COUNT ONE - VIOLATION OF OHIO’S ANTI-HAZING STATUTE, R.C. § 2307.44 63. Plaintiff repeats and realleges the preceding paragraphs as if fully rewritten herein. 64. In January 2019, Tyler was enrolled as a student at Miami University and was a pledge in the Delta Tau Delta, Gamma Upsilon Chapter. 65. As more fully described above, Tyler was hazed by Defendants in violation of RC. § 2307.44. 66. Defendants authorized, requested, commanded, and/or tolerated the hazing more fully described above. 67. Defendants knew or reasonably should have known of the hazing, more fully described above, and did not take reasonable steps to prevent it. lle68. Asa direct and proximate result of Defendants’ unlawful conduct, Tyler Perino suffered pain and suffering, mental anguish, loss of capacity for enjoyment of life, reasonable and necessary medical expenses, medical treatment, stress, anxiety and all other remedies permitted under Ohio law. COUNT TWO - NEGLIGENCE 69. Plaintiff repeats and realleges the preceding paragraphs as if fully rewritten herein, 70. Delta Tau Delta’s alcohol and controlled substance policy provides that “[ulse or possession of alcoholic beverages or any other substance controlled by law in any building or premises occupied or used by an undergraduate chapter of the Fratemity shall not be permitted unless it isin conformity with public law, with the rules and regulations of the institution where the chapter is located, and with the Member Responsibility Guidelines of the Fraternity. ‘Violation of this Bylaw is deemed conduct detrimental to the best interest of the Fratemity Delta Tau Delta's hazing policy provides that “Any form of physical or mental harassment, violence, abuse, or failure to accord to any pledge or initiated member the dignity due him as a man, ‘commonly referred to as ‘hazing,’ is strictly prohibited, and perpetration thereof by a chapter or any member shall be deemed conduct detrimental to the best interests of the Fratemity and conduct unbecoming a member of the Fraternity.” 71. Upon information and belief, Defendants signed a Code of Conduct with Delta ‘Tau Delta agreeing to “not physically or psychologically haze....any human being[,]” “not use or support the use of illegal drugs{,]” and “not abuse or support the abuse of alcohol.” 72. Defendants thereby assumed a duty to exercise ordinary care in undertaking to regulate and restrict the consumption and provision of alcohol and controlled substances by members and pledges of Gamma Upsilon Chapter during rush, recruitment, and pledge activities. -12-73. Defendants each owed Tyler Perino a duty to use ordinary care to ensure alcohol and illicit drugs were not used and/or made available to pledges in the Gamma Upsilon Chapter house or during pledge activities. 74, Defendants each owed Tyler Perino a duty to use ordinary care to ensure that hazing was not permitted in any form. 75, Defendants each were responsible for enforcing policies that ensure alcohol and illicit drugs were not used and/or made available to pledges at the Gamma Upsilon Chapter house or during pledge activities and that hazing did not take place. 76. Defendants were negligent by permitting, encouraging, and/or forcing the use of drugs and alcohol by pledges in the Gamma Upsilon Chapter house and/or during pledge activities, 77. Defendants were further negligent by permitting, encouraging, and/or engaging in hazing of pledges, including Tyler Perino. 78. Defendants’ failure to exercise ordinary care in this regard increased the risk of harm to Tyler and other pledges of Gamma Upsilon Chapter. 79, It was foreseeable that a pledge, including Tyler Perino, could be injured as a result of Defendants’ negligence. 80. As adirect and proximate result of Defendants’ unlawful conduct, Tyler Perino suffered pain and suffering, mental anguish, loss of capacity for enjoyment of life, reasonable and necessary medical expenses, medical treatment, stress, anxiety and all other remedies permitted under Ohio law. -13-PRAYER FOR RELIEF WHEREFORE, plaintiff requests that this Court award Judgment as follows: (a) Compensatory damages on each claim set forth in the Complaint in excess of $25,000.00 (this is the jurisdictional minimum required for a Complaint in Ohio as plaintiff will seek a Judgment of substantially more at trial); (b) Punitive damages in an amount to be determined at trial; (©) Plaintifi’s attomey fees and costs of this action; (@ Such additional relief as the Court deems just and equitable. Respectfully submitted, /s/ Rex H. Elliott Sean R. Alto (0087713) Rex H. Elliott (00s4054) Jefirey T. Kenney (0051807) Cooper & Elliott, LLC 305 West Nationwide Boulevard Columbus, Ohio 43215 (614) 481-6000 (614) 481-6001 (Facsimile) lliott.com re cooperelliott.com .cooperelliott.com Attomeys for Plaintiff Tyler Perino JURY DEMAND Pursuant to Rule 38(B) of the Ohio Rules of Civil Procedure, plaintiff hereby demands a trial by Jury. Js! Rex H. Elliott _ -14-