IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO

Shari Foltz, Administrator :

of the Estate of Stone J. Foltz :
c/o Cooper & Elliott, LLC :
305 West Nationwide Boulevard :
Columbus, Ohio 43215, :
:
Plaintiff, :
: Case No.
v. :
: Judge
The Pi Kappa Alpha International :
Fraternity, Inc. :
8347 West Range Cove :
Memphis, Tennessee 38125 :
:
and :
:
Pi Kappa Alpha, Delta Beta Chapter : JURY DEMAND
1233 East Wooster : ENDORSED HEREON
Bowling Green, Ohio 43403 :
:
and :
:
Daylen X. Dunson, individually and :
as an Officer of Delta Beta Chapter :
216 South Mercer Road, Apt. 20 :
Bowling Green, Ohio 43402 :
:
and :
:
Troy M. Henricksen, individually and :
as an Officer of Delta Beta Chapter :
2762 Woodgrove Drive :
Grove City, Ohio 43123 :
:
and :
:
Jacob A. Krinn :
300 Benjamin Street :
Delaware, Ohio 43015 :
:
and :
Jarrett Prizel, individually and as :
an Officer of Delta Beta Chapter :
1974 Windfall Road :
Olean, New York 14760 :
:
and :
:
Garrett Hord, individually and as :
an Officer of Delta Beta Chapter :
5315 River Corners Road :
Spencer, Ohio 44275 :
:
and :
:
Jamir Dodson, individually and as :
an Officer of Delta Beta Chapter :
6305 Meldon Drive :
Mentor, Ohio 44060 :
:
and :
:
Canyon Caldwell :
6019 Craughwell Lane :
Dublin, Ohio 43017-3466 :
:
and :
:
Benjamin L. Boyers individually and :
as an Officer of Delta Beta Chapter :
5828 San Reno Drive :
Sylvania, Ohio 43560-1178 :
:
and :
:
Niall R. Sweeney individually and :
as an Officer of Delta Beta Chapter :
3602 Scarboro Road :
Erie, Pennsylvania 16506-2246 :
:
and :
:
Aaron Lehane :
1682 Foxwood Trail :
Loveland, Ohio 45140-8564 :

2
 and :
:
John Does 1-10, :
:
Defendants. :

COMPLAINT

This case arises from the tragic wrongful death of Stone J. Foltz, a 20-year-old student at

Bowling Green State University and pledge to The Pi Kappa Alpha International Fraternity, Inc.

and the Pi Kappa Alpha, Delta Beta Chapter. During the pledging process, Stone Foltz was

subjected to extensive hazing, including, but not limited to, being provided with and forced to

drink an extraordinary amount of alcohol in a short period of time during a fraternity “Big/Little”

ritual. Upon admission to the hospital (hours after the “Big/Little” event) Stone Foltz’s BAC

was 0.394 g/dL. The hazing caused bodily injury, emotional distress, and ultimately, Stone

Foltz’s death.

PARTIES, JURISDICTION AND VENUE

1. Plaintiff, The Estate of Stone J. Foltz, was opened in Delaware County,

Ohio and Shari Foltz has been appointed as Administrator by the Delaware County Probate

Court. Cory and Shari Foltz are Stone’s parents. Stone is also survived by his two siblings.

2. Defendant, The Pi Kappa Alpha International Fraternity, Inc. (“Pi Kappa

Alpha”) is a Tennessee corporation with its principal place of business in Memphis, Tennessee.

3. Defendant, Pi Kappa Alpha, Delta Beta Chapter (“Delta Beta Chapter”) is

and/or was at all relevant times an undergraduate chapter of The Pi Kappa Alpha International

Fraternity, Inc. chartered and recognized at Bowling Green State University in Bowling Green,

Ohio.

3
 4. Defendant Daylen X. Dunson is or was a student at Bowling Green State

University, a resident of Wood County, Ohio and, at all relevant times, was a member of Pi

Kappa Alpha and President of the Delta Beta Chapter.

5. Defendant Troy M. Henricksen is or was a student at Bowling Green State

University, a resident of Franklin County, Ohio and, at all relevant times, was a member of Pi

Kappa Alpha and New Member Educator of the Delta Beta Chapter.

6. Defendant Jacob A. Krinn is or was a student at Bowling Green State

University, a resident of Delaware County, Ohio and, at all relevant times, was a member of Pi

Kappa Alpha and the “Big Brother” of Stone Foltz.

7. Defendant Jarrett Prizel is or was a student at Bowling Green State

University, a resident of Cattaraugus County, New York and, at all relevant times, was a member

of Pi Kappa Alpha and Assistant New Member Educator of the Delta Beta Chapter.

8. Defendant Garrett Hord is or was a student at Bowling Green State

University, a resident of Medina County, Ohio and, at all relevant times, was a member of Pi

Kappa Alpha and Assistant New Member Educator of the Delta Beta Chapter.

9. Defendant Jamir Dodson is or was a student at Bowling Green State

University, a resident of Lake County, Ohio and, at all relevant times, was a member of Pi Kappa

Alpha and Recruitment Chair of the Delta Beta Chapter.

10. Defendant Canyon Caldwell is or was a student at Bowling Green State

University, a resident of Franklin County, Ohio, and at all relevant times, was a member of Pi

Kappa Alpha Delta Beta Chapter.

4
 11. Defendant Benjamin L. Boyers is or was a student at Bowling Green State

University, a resident of Lucas County, Ohio, and at all relevant times, was a member of Pi

Kappa Alpha and Sargent of Arms of the Delta Beta Chapter.

12. Defendant Niall R. Sweeney is or was a student at Bowling Green State

University, a resident of Erie County, Pennsylvania, and at all relevant times, was a member of

Pi Kappa Alpha and External V.P. of the Delta Beta Chapter.

13. Defendant Aaron Lehane is or was a student at Bowling Green State

University, a resident of Clermont County, Ohio, and at all relevant times, was an active or

inactive member of Pi Kappa Alpha and the Delta Beta Chapter.

14. The Delta Beta Chapter operates under the Constitution, by-laws,

mandates, and direction of The Pi Kappa Alpha International Fraternity, Inc.

15. John Does 1-10 are intended to be any and all individuals and/or entities

who are liable to plaintiff for the injuries and damages suffered which is the subject of this

action. The names and addresses of John Does 1-10 are unknown, and despite a good faith effort

being made by the plaintiff and its attorneys, the names and addresses of John Does 1-10 could

not be ascertained prior to the preparation and filing of this Complaint.

16. This Court has jurisdiction over the parties and this case because the

events giving rise to this lawsuit occurred in Ohio; defendants reside and/or conduct business in

Ohio; and the acts giving rise to this case occurred in Ohio.

17. Venue is proper in this Court because one or more of the defendants reside

in Franklin County.

5
 BACKGROUND FACTS

The Pi Kappa Alpha Fraternity

18. Pi Kappa Alpha is a fraternity with over 310,000 lifetime initiates and

15,000 undergraduate members, with 208 active chapters and colonies in the United States and

Canada.

19. The Delta Beta Chapter, at all relevant times, was a recognized as an

active chapter of Pi Kappa Alpha and affiliated with Bowling Green State University in Bowling

Green, Ohio.

20. Pi Kappa Alpha’s Fraternity Standards define hazing as:

a. Any activity that might reasonably be expected to bring

embarrassment or psychological harm to the individual;

b. Any activity that might reasonably be expected to bring

physical harm to the individual;

c. Any activity that might reasonably be expected to degrade or

otherwise compromise the dignity of the individual;

d. Any activity that might reasonably be expected to require an

unreasonable or inordinate amount of the individual’s time,
or in any manner impair the individual’s academic affairs;

e. The required consumption of any liquid, gas or solid matter;

f. Any requirement which compels an individual to participate

in any activity which is illegal or contrary to the individual’s
genuine moral and/or religious beliefs, or contrary to the
rules and regulations of the university.

21. Despite the explicit prohibition of hazing, hazing continues to be a well-

known occurrence in Pi Kappa Alpha Chapters around the country, and pledges continue to

sustain injuries, and even death, as result of the hazing rituals. This fraternity has established a

system that is toxic and dangerous to unsuspecting undergrads being persuaded to pledge.

6
 22. Pi Kappa Alpha and its Chapters across the country have for decades had

incidents of hazing and misconduct resulting in disciplinary actions by universities, civil suits,

and serious injuries. Pi Kappa Alpha knows, or in the absence of negligence has reason to know,

that its policies, procedures, and practices for bringing new members into the fraternity,

managing its chapters, and protecting pledges from the misuse of alcohol in connection with

membership are unsafe.

Pi Kappa Alpha’s Long History of Hazing

23. In 1965, a Georgetown College student and pledge to the Pi Kappa Alpha

Fraternity drowned following a fraternity initiation event.1

24. In 1976, a Pi Kappa Alpha pledge at Texas Tech University was hit and

killed by a train while on a scavenger hunt put together by active members where a letter was put

under a railroad tie.2

25. In 1989, the Pi Kappa Alpha Chapter at Stetson University was suspended

because an investigation found that its members “had degraded pledges, conducted a public

stunt” and “inflicted mental abuse.”3

26. In 1991, members of the Pi Kappa Alpha chapter at the University of

Texas-Austin were charged with and plead no contest to charges of illegal organizational

hazing.4

1
See https://bit.ly/3m9Hs05.
2
See https://bit.ly/2Oh6tKe.
3
See https://bit.ly/31BWv94.
4
See https://nyti.ms/3maTmqe.

7
 27. In 1997, eight members of the Pi Kappa Alpha chapter at the University of

Texas-Austin were arrested for illegal hazing and the criminal charges included assault and

terroristic threat.5

28. In 2001, Ohio University suspended the Pi Kappa Alpha Chapter after

members subjected pledges to dangerous levels of intoxication, resulting in five students

requiring medical attention.6

29. In 2002, a Pi Kappa Alpha pledge at the University of Nevada, Reno

drowned during suspected hazing activities. As a result, UNR suspended the fraternity’s

recognition pending a review.7

30. In 2004, Southern Illinois University permanently banned Pi Kappa Alpha

from its campus after a pledge died during an unauthorized fraternity party. The University cited

problems with the fraternity violating campus alcohol rules over the past 10 years.8

31. In 2008, the Pi Kappa Alpha Chapter at Tulane University was suspended

after a “Hell Night” hazing incident where two pledges received second- and third-degree burns

from boiling water and crab boil being poured on their bodies.9

32. In 2011, Cal Poly Pomona instituted a three-year ban of Pi Kappa Alpha

after allegations surfaced that a pledge had been branded during a hazing ritual.10

33. In September 2012, the Pi Kappa Alpha Chapter at the University of

Tennessee was shut down by the University and had its charter withdrawn by Pi Kappa Alpha

after a hazing incident involving an alcohol enema lead to a student being hospitalized with a

5
See https://bit.ly/3rGXiR0.
6
See https://bit.ly/3dlxxjU.
7
See https://bit.ly/2QhUNaH.
8
See https://bit.ly/3qVWK9w.
9
See https://fxn.ws/3lpVUAq.
10
See https://bit.ly/3eOSLcd.

8
BAC of 0.448 g/dL.11 In a statement following the incident, Pi Kappa Alpha stated that “[t]he

recent allegations against these individuals have come as a complete shock…” to the

organization.

34. In December 2012, the Pi Kappa Alpha Chapter at Northern Illinois

University was suspended after a pledge was found dead in the fraternity house. The cause of

death was attributed to cardiac arrhythmia, with alcohol intoxication as a significant contributing

condition.12

35. In 2017, Pi Kappa Alpha was indicted in connection with hazing that took

place at the University of Houston. Pledges were reportedly forced to roll in vomit, spit, and

feces, and had to go without food, drink and sleep during a three-day ritual that the fraternity

called “Ingress.”13 As a result of the hazing activities, a pledge suffered a ruptured spleen and

had to be hospitalized.

36. In March 2018, the University of Louisiana-Monroe suspended the Pi

Kappa Alpha Fraternity from its campus following a hazing incident involving a pledge.14

37. Also, in March 2018, Southern Methodist University suspended Pi Kappa

Alpha Fraternity for four and a half years because of a hazing ritual called “The Gauntlet” that

included forcing new members to consume onions, hot sauce, eggs, and milk and requiring or

encouraging pledges to drink alcohol.15

38. In December 2018, a BGSU student made the following report regarding

Pi Kappa Alpha, Delta Beta Chapter:

11
See https://cnn.it/3qW1CeH.
12
See https://bit.ly/2P3rE2a.
13
See https://bit.ly/3low3ce.
14
See https://bit.ly/3bTRFu0.
15
See https://bit.ly/3loFrN7.

9
 I wish to completely remain anonymous in this tip however I have reason
to believe that Pi Kappa Alpha fraternity hazed their pledges during at
least the third night of initiation. My roommate is a new member of the
fraternity and he told me Saturday the 1st afternoon that he had been up
since 3 pm or so Friday the 30th. On Friday evening around 9:30, I walk
down the hall of my dorm and there is a big ruckus of Pike new members
hurriedly changing out of their professional attire into clothing of my
roommate. They then proceeded to run out of an exit of the hallway
frantically with the large group of people waiting down the hall. Before
leaving, I asked my roommate why they were changing and running, to
his short reply was “time trials”. This evening (12/2), I was in a
conversation with my brother in my fraternity and he told me a report that
the new members were required to strip down into their underwear and all
join each other into this large hole that had been dug. The new members
were required to fight each other out of the hole and they were being
pushed back in if they made it out of the hole.

39. In November 2019, BGSU received the following report concerning Pi

Kappa Alpha, Delta Beta Chapter stemming from the same event described above:

Bowling Green State University houses a fraternity by the name of Pi

Kappa Alpha. Here at this fraternity they force new pledges to drink a
concoction of alcohol mixtures known as a "family drink". I have
witnessed first hand the aftermath of one of the pledges after a party called
"big little party" where the new pledge vomited violently in his dorm room
in Centennial hall, on the first floor in 2018. Not only this but it is well
aware that this fraternity also keeps a record known as a "signature book".
This is books that contains signatures that works as a point system. The
more signatures, the better you look. You can get a signature for doing
whatever the upper class-men ask of you. It is has since been noted the
fraternity known as PIKE has been told numerous times they are not
allowed to serve any type of alcohol at their parties that does not come in
a prepackage can. This is due to the immense amount of drugging
instances and sexual harassment.

In addition the men who work as bartenders are very eager to serve their
own pledges and force them to drink a certain amount of drinks whilst at
the bar. Lastly and most disrespectfully, the men of Pi Kappa Alpha
chose to leave during a hazing presentation held on November 18th,
2019 instead of waiting till it was over. [Emphasis added.]

40. More specifically, the reporter indicated that “to begin this is not only

incidents that happened in 2018, this has been happening for years.”

10
 41. At the time of BGSU’s investigation, individuals involved in the incident

denied everything. However, during the investigation following Stone Foltz’s death, BGSU

determined that “it is now apparent from this current investigation that an unsanctioned

“Big/Little” event did occur during the fall 2018 semester and that there was an organized and

concerted effort on behalf of the organization to deceive the investigators.

42. BGSU notified Pi Kappa Alpha about the above reports of hazing, and

noted that while BGSU was not pursuing charges, “I do issue this letter as one of concern. Sound

judgment is the cornerstone of life-long success. I strongly encourage you to work with Pi

Kappa Alpha Fraternity to think through their choices and decision making, including the

potential outcome actions and the impact they have on the ability of the organization to

succeed.” [Emphasis added.]

43. Pi Kappa Alpha placed the Delta Beta Chapter on probation from

December 9, 2019 to May 8, 2020 but they simply picked up where they left off after probation

ended.

44. In 2019, the University of Texas chapter of Pi Kappa Alpha was shut

down following a University investigation into hazing allegations. As a result, the chapter was

cancelled for four years and placed on probation for two years after reinstatement. Fraternity

pledges told University officials they were “shot with air soft guns, forced to eat spicy soup

made with ghost peppers and cat food, and compete in relay races where they would run back

and forth between the chapter house and a nearby apartment building while chugging milk mixed

with hand soap, laundry detergent or vinaigrette. Pledges were also interrogated by active

members while standing in troughs filled with ice…”16

16
See https://bit.ly/3fyqO9a.

11
 45. Most recently in January 2021, The Ohio State University revoked the

student organization status of the Pi Kappa Alpha Chapter, leading to resignation of the

Chapter’s charter Pi Kappa Alpha. The suspension followed citations for violating alcohol rules,

engaging in endangering behavior, failing to comply with University or civil authority, violating

University rules or federal, state, and local law, and student conduct system abuse.17

Spring 2021 Pledge Process

46. The Spring 2021 pledge class of the Delta Beta Chapter of Pi Kappa

Alpha was known as the Alpha Mu Class.

47. As part of the new member process, pledges were given a copy of Garnet

& Gold, which is “A Reference Handbook for The True Pike[.]”

48. In Garnet & Gold, Pi Kappa Alpha pledges to its members that it will,

among other things:

a. Create opportunities for our undergraduate and alumni

members to participate in the life of Pi Kappa Alpha on a
daily basis;

b. Empower our undergraduate and alumni members to help

shape Pi Kappa Alpha’s future by being informed
ambassadors and involved advocates;

c. Encourage our undergrade and alumni members to take an

active role in advancing Pi Kappa Alpha’s interests by
volunteering their time and by contributing to the Fraternity’s
annual giving campaign; and

d. Communicate effectively and efficiently with our alumni,

students and host institutions through various channels on a
continuous basis.

49. Another section of Garnet & Gold, under “Traditions & Symbols,” Pi

Kappa Alpha explains appropriate behavior “[i]n the unfortunate event that a death occurs in any

17
See https://bit.ly/3cEYrmE.

12
possible connection with a Fraternity related activity…” However, the “Death and Funeral”

section goes on to state that “[t]he remaining comments in this section assume that the death did

not in some way negatively involve the Fraternity.”

50. Garnet & Gold explains that “[a]s a member of Pi Kappa Alpha, you take

on a responsibility to every other Pike because your actions affect how they are seen, and

perhaps the continued prosperity of our Fraternity.”

51. Pledges were also given a “New Member Handbook,” which included the

names/titles of the officers, structure of the Chapter, among other details of the Chapter.

52. After a short introduction, the Delta Beta President provided a short

statement to the pledges that “[y]ou are about to embark on one of the best and most memorable

experiences of your life. While it may be hard to see initially, throughout the weeks of the New

Member process you will gain an immense amount of knowledge about the fraternity, about life,

and about yourself.” The President’s statement concludes with the following sentence: “Good

luck with the following weeks.”

53. The New Member Handbook also includes a “New Member Calander”

[sic] that lays out the “Type of Event” on a week-by-week basis, beginning February 7, 2021 and

ending April 3, 2021:

13
14
 54. There are 7 Event Types: Education, Brotherhood, Social, Fundraiser,

Philanthropy, Ritual, and BGSU.

55. Both Garnet & Gold and the New Member Handbook were provided to

Stone Foltz as part of the new member process.

56. On February 18, 2021, there was a pledge event called “Pledge Education

(Objects). The event began at approximately 10:00 p.m. and Stone Foltz was forced to

memorize and recite Pi Kappa Alpha’s Creed and/or Preamble and was not allowed to leave until

approximately 2:00 a.m. on February 19, 2021.

57. Other events on the New Member calendar include “Pledge Education,”

“Firepit,” “Bowling,” “Pledge Party,” “Serenade,” and “Wellness Day,” among others.

58. The New Member calendar culminates with three days of “Ingress”

followed by “Initiate” on the final day of the schedule.

The Events of March 4, 2021

59. On March 4, 2021, between approximately 8:15 p.m. and 8:45 p.m., Stone

Foltz exchanged text messages from several of his friends and a pledge brother.

60. On March 4, 2021 around 9:00 p.m., Stone Foltz went to 318 North Main

Street in Bowling Green, which served as the off-campus fraternity house for Pi Kappa Alpha,

Delta Beta Chapter.

61. According to the Delta Beta Chapter’s New Member Handbook, two

events were scheduled for March 4, 2021:

a. “Pledge Ed, Round Robin Before Big/Little” which was

categorized as an “Education” event; and

b. “Big/Little” which was categorized as a “Ritual Event.”

15
 62. Defendants Daylen Dunson, Jacob Krinn, Jarett Prizel, Garrett Hord,

Jamir Dodson, Canyon Caldwell, Benjamin L. Boyers, Niall R. Sweeney, and Aaron Lehane

were present for the Big/Little Ritual Event described below.

63. While Defendant Troy Henricksen was not present for the Big/Little

Event, he planned the event, paired the “Bigs” and “Littles” together, and notified pledges and

actives what the “Big/Little” Event would entail.

64. Defendant Troy Henricksen also instructed Stone Foltz and the other

pledges that they would need to inform faculty members of their likely absence from class the

following day.

65. It was only at the last minute that Defendant Troy Henricksen delegated

responsibility for the party to Jarett Prizel.

66. After Stone Foltz arrived at 318 North Main Street, he and the other

pledges discussed the pledge process during the Round Robin event.

67. Afterwards, Stone Foltz and the other pledges were blindfolded by active

members and led into a basement area while being yelled at and pushed in an effort to disorient

them.

68. Stone Foltz’s “Big Brother” was Pi Kappa Alpha and Delta Beta Chapter

member Jacob Krinn.

69. In the basement, Defendant Jacob Krinn provided a bottle of alcohol to

Stone Foltz. Stone Foltz was then forced to consume the entire bottle of alcohol before he left

318 North Main Street.

70. Stone Foltz consumed the bottle of alcohol in as little as 18 minutes.

16
 71. Around 10:00 p.m., defendant Jacob Krinn and others left 318 North Main

Street with Stone Foltz. Jacob Krinn and others dropped Stone Foltz off at his apartment.

72. Jacob Krinn was supposed to spend the night with Stone Foltz to make

sure he was safe and to take care of him. Jacob Krinn did not stay with Stone Foltz.

73. Instead, Stone Foltz was taken from the car into his apartment and left

alone on the couch to die.

74. Around 10:30 p.m., Stone Foltz’s roommate—Wade McKenzie—arrived

home and found Stone face down on the couch in the living room. At the time, Stone was still

breathing.

75. Wade McKenzie sat with him and kept watch to try and make sure he was

safe. Wade also called Stone’s girlfriend, Maddy Borja, to come over and watch Stone.

76. Tragically, shortly after Maddy arrived, Stone Foltz stopped breathing and

his face and ears turned purple and blue.

77. At 11:23:11 p.m., Maddy Borja called 911.

78. During the 911 call and before EMTs arrived, Wade McKenzie performed

CPR.

79. EMTs arrived at 11:25:24 p.m. and began efforts to save Stone’s life.

80. Stone Foltz was taken to Wood County Hospital and then transported by

helicopter to ProMedica Hospital in Toledo, Ohio.

81. Unfortunately, due to the lack of oxygen for an extended period, doctors

were unable to bring Stone Foltz back.

82. From March 5 until his death on March 7, 2021, doctors at ProMedica

Hospital went through herculean efforts to prepare Stone’s body for organ donation.

17
 83. Through the selfless decision Stone made years ago to be an organ donor,

he was able to donate his heart, lungs, portion of the spleen, liver, kidneys, adrenal glands, and

tissue so that others may have a second chance at life.

84. According to the Lucas County Coroner’s autopsy report, Stone Foltz’s

blood alcohol content at admission was 0.394 g/dL.

85. The toxicology results show that there were no other drugs in his system.

86. The Lucas County Coroner ruled that Stone Foltz’s cause of death was

fatal ethanol intoxication which occurred during a college fraternity hazing ritual.

87. More specifically, the Coroner expressed the following opinion regarding

the cause of Stone Foltz’s death:

It is my opinion that STONE FOLTZ died of FATAL ETHANOL

INTOXICATION DURING HAZING INCIDENT. Manner of
death: Accident - College fraternity induction ritual.

88. The alcohol in Stone Foltz’s system was provided by and/or forced on

Stone Foltz by Defendants.

BGSU and Pi Kappa Alpha’s Response to Stone Foltz’s Death

89. On March 5, 2021, Bowling Green State University sent a letter to the

President of the Delta Beta Chapter, Daylen Dunson, placing the Delta Beta Chapter on interim

suspension effective immediately.

90. The same day, Pi Kappa Alpha also sent a letter Delta Beta Chapter

President Daylen Dunson administratively suspending the Chapter in accordance with the

Supreme Council Policies.

91. On March 6, 2021, Pi Kappa Alpha released a statement indicating it was

“horrified and outraged by the incident.”

18
 92. On March 11, 2021, Pi Kappa Alpha reportedly paused all new member

programming nationwide in the wake of Stone Foltz’s death.

93. On April 2, 2021, BGSU charged Pi Kappa Alpha with violating the Code

of Student Conduct: Offenses Against Persons – Harm to Others; Offenses Against Persons –

Hazing (four counts); and Offenses Disrupting Order or Disregarding Health and Safety –

Organization Alcohol.

94. On April 9, 2021, BGSU determined Pi Kappa Alpha was responsible for

the charges listed above. BGSU’s determination was based on the following findings:

a. Members of the organization provided individual bottles of

alcohol to new members and encouraged the new members to
consume the entirety of the contents of the bottle;

b. Stone Foltz, a new member, died following this event, and

other new members were severely intoxicated to the point of
vomiting;

c. Members of the organization had the new members wear

blindfolds and led them into a basement area while being
yelled at and pushed in an effort to disorient them;

d. New members were instructed multiple times prior to the

event on March 4 that they would need to inform faculty
members of their likely absence from classes on March 5;

e. Hazing and underage possession/consumption of alcohol are

against university policy and state law; and

f. Alcohol was provided to new members of the organization by

members of the organization, and only one new member was
of legal age to possess/consume alcohol.

95. Based on these findings, BGSU “immediately expelled [Pi Kappa Alpha]

without ever having the possibility of reinstatement in the future.”

19
 COUNT ONE – VIOLATION OF OHIO’S ANTI-HAZING STATUTE, R.C. § 2307.44
(Against Defendants Delta Beta Chapter, Pi Kappa Alpha, Daylen Dunson,
Troy Henricksen, Jacob Krinn, Jarett Prizel, Garrett Hord, Jamir Dodson, Canyon Caldwell,
Benjamin L. Boyers, Niall R. Sweeney, Aaron Lehane, and John Does 1-10)

96. Plaintiff repeats and realleges the preceding paragraphs as if fully

rewritten herein.

97. R.C. § 2307.44 authorizes anyone who is subjected to hazing to

commence a civil action for injury or damages, including mental and physical pain and suffering,

that result from the hazing.

98. Under R.C. § 2307.44, the “action may be brought against any participants

in the hazing, any organization whose local or national directors, trustees, or officers authorized,

requested, commanded, or tolerated the hazing, and any local or national director, trustee, or

officer of the organization who authorized, requested, commanded, or tolerated the hazing.”

99. In March 2021, Stone Foltz was enrolled as a student at Bowling Green

State University and was a pledge of both Pi Kappa Alpha and the Delta Beta Chapter.

100. As more fully described above, Stone Foltz was hazed by members of Pi

Kappa Alpha and the Delta Beta Chapter, including, but not limited to Defendants, in violation

of R.C. § 2307.44.

101. Defendants authorized, requested, commanded, and/ or tolerated the hazing

more fully described above.

102. Defendants knew or reasonably should have known of the hazing, more

fully described above, and did not take reasonable steps to prevent it.

103. As a direct and proximate result of Defendants’ unlawful conduct, Stone

Foltz suffered a wrongful death and conscious pain and suffering, and his Estate has sustained

20
economic loss, pain and suffering, loss of consortium, mental anguish, loss of services, and all

other remedies permitted under Ohio law.

COUNT TWO – NEGLIGENCE PER SE

(Against Defendants Delta Beta Chapter, Pi Kappa Alpha, Dunson,
Henricksen, Krinn, Prizel, Hord, Dodson, Caldwell, Boyers, Sweeney, Lehane,
and John Does 1-10)

104. Plaintiff repeats and realleges the preceding paragraphs as if fully

rewritten herein.

105. Defendants Delta Beta Chapter, Pi Kappa Alpha, Dunson, Henricksen,

Krinn, Prizel, Hord, Dodson, Caldwell, Boyers, Sweeney, Lehane, and John Does 1-10 had a

duty to avoid violating state law relating to hazing, including, but not limited to R.C. § 2903.31.

106. As more fully described above, Stone Foltz was hazed by members of Pi

Kappa Alpha and the Delta Beta Chapter, including, but not limited to Defendants, in violation

of R.C. § 2307.44.

107. Defendants Delta Beta Chapter, Pi Kappa Alpha, Dunson, Henricksen,

Krinn, Prizel, Hord, Dodson, Caldwell, Boyers, Sweeney, Lehane, and John Does 1-10 violation

of R.C. § 2903.31 constitutes negligence per se.

108. As a direct and proximate result of these Defendants’ unlawful conduct,

Stone Foltz suffered a wrongful death and conscious pain and suffering and his Estate has

sustained economic loss, pain and suffering, loss of consortium, mental anguish, loss of services,

and all other remedies permitted under Ohio law.

COUNT THREE – NEGLIGENT SUPERVISION

(Against Pi Kappa Alpha)

109. Plaintiff repeats and realleges the preceding paragraphs as if fully

rewritten herein.

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 110. Defendant Pi Kappa Alpha owed Stone Foltz a duty to use ordinary care in

establishing safe policies and practices for students to join Pi Kappa Alpha and its chapters,

including the Delta Beta Chapter, to reduce the risks of physical and mental injury, including

such mental and physical injury that would lead to his death as a result of hazing.

111. Pi Kappa Alpha is responsible for instituting and enforcing policies that

provide adequate supervision of new and potential members from acts of hazing.

112. Pi Kappa Alpha, by and through its agents and/or employees, were

negligent in allowing Stone Foltz to be hazed. Some examples of Pi Kappa Alpha’s negligence

are as follows:

a. Permitting and allowing harmful initiation rituals, which

included mental abuse, forced alcohol use, sleep deprivation,
and other forms of hazing;

b. Failing to warn the Delta Beta Chapter about the dangers and
harmful effects of initiation rituals and hazing causing physical
injury, mental anguish, humiliation, and/or embarrassment,
although it knew or should have known such rituals and acts can
be fatal;

c. Failing to adopt reasonable and effective policies to be followed

by its local chapters, including the Delta Beta Chapter, to
prevent harmful initiation rituals and hazing;

d. Failing to take reasonable steps to ensure its local chapters,

including the Delta Beta Chapter, followed policies and
procedures it claims to have adopted regarding initiation rituals
and hazing;

e. Failing to take steps to learn whether its local chapters,

including the Delta Beta Chapter, were following policies and
procedures regarding initiation rituals and hazing activities it
claims to have adopted;

f. Failing to adequately train members of the Delta Beta Chapter

on the anti-hazing policy;

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 g. Establishing a system for new membership through its chapters
that is supervised by ill-trained and often impaired students
unable to create or reject unsafe traditions and make life and
death decisions;

h. Failing to timely, safely and accurately advise prospective

members, such as Stone Foltz, and the campus community of
the true nature of the risks such students face in seeking
membership with the fraternity and participating in its activities.

113. It was foreseeable that a pledge, including Stone Foltz, could be injured or

die because of the hazing activities.

114. As a direct and proximate result of Pi Kappa Alpha’s unlawful conduct,

Stone Foltz suffered a wrongful death and conscious pain and suffering and his Estate has

sustained economic loss, pain and suffering, loss of consortium, mental anguish, loss of services,

and all other remedies permitted under Ohio law.

COUNT FOUR – NEGLIGENT SUPERVISION

(Against the Delta Beta Chapter)

115. Plaintiff repeats and realleges the preceding paragraphs as if fully

rewritten herein.

116. Defendant Delta Beta Chapter owed Stone Foltz a duty to use ordinary

care in supervising the initiation rituals of its members to reduce the risks of physical and mental

injury, including such mental and physical injury that would lead to his death because of hazing.

117. Defendant Delta Beta Chapter is responsible for enforcing policies that

provide adequate supervision of new and potential members from acts of hazing.

118. Defendant Delta Beta Chapter, by and through its agents, members, and/or

employees, were negligent in allowing Stone Foltz to be hazed. Some examples of the Delta

Beta Chapter’s negligence are as follows:

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 a. Permitting and allowing harmful initiation rituals, which
included mental abuse, forced alcohol use, sleep deprivation,
and other forms of hazing;

b. Failing to warn fraternity members about the dangers and

harmful effects of initiation rituals and hazing causing
physical injury, mental anguish, humiliation, and/or
embarrassment, although it knew or should have known such
rituals and acts can be fatal;

c. Failing to adopt reasonable and effective policies to be

followed by its members to prevent harmful initiation rituals
and hazing;

d. Failing to take reasonable steps to ensure its members

followed policies and procedures it claims to have adopted
regarding initiation rituals and hazing;

e. Failing to take steps to learn whether its members were

following policies and procedures regarding initiation rituals
and hazing activities it claims to have adopted;

f. Failing to adequately train members on the anti-hazing

policy.

g. Supervising its new membership practices with ill-trained

and often impaired students unable to create or reject unsafe
traditions and make life and death decisions;

h. Failing to timely, safely and accurately advise prospective

members, such as Stone Foltz, and the campus community of
the true nature of the risks such students face in seeking
membership with the fraternity and participating in its
activities.

119. It was foreseeable that a pledge, including Stone Foltz, could be injured or

die because of the hazing activities.

120. As a direct and proximate result of the Delta Beta Chapter’s unlawful

conduct, Stone Foltz suffered a wrongful death and conscious pain and suffering and his Estate

has sustained economic loss, pain and suffering, mental anguish, loss of consortium, loss of

services, and all other remedies permitted under Ohio law.

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 COUNT FIVE – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(Against Defendants Delta Beta Chapter, Pi Kappa Alpha, Dunson, Henricksen, Krinn,
Prizel, Hord, Dodson, Caldwell, Boyers, Sweeney, Lehane, and John Does 1-10)

121. Plaintiff repeats and realleges the preceding paragraphs as if fully

rewritten herein.

122. Defendants intended to cause emotional distress to Stone Foltz.

123. As more fully described above, Defendants’ conduct was so extreme and

outrageous as to go beyond the bounds of decency and was such that the conduct can be

considered utterly intolerable in a civilized society. Defendants’ conduct was intentional and/or

reckless.

124. Defendants’ actions were the proximate cause of Stone’s injuries and

death.

125. The mental anguish suffered by Stone Foltz was so serious and of a nature

that no reasonable person should be or could be expected to endure.

126. As a direct and proximate result of Defendants’ unlawful conduct, Stone

Foltz suffered a wrongful death and conscious pain and suffering and his Estate has sustained

economic loss, pain and suffering, loss of consortium, mental anguish, loss of services, and all

other remedies permitted under Ohio law.

COUNT SIX – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

(Against Defendants Delta Beta Chapter, Pi Kappa Alpha, Dunson, Henricksen, Krinn,
Prizel, Hord, Dodson, Caldwell, Boyers, Sweeney, Lehane, and John Does 1-10)

127. Plaintiff repeats and realleges the preceding paragraphs as if fully

rewritten herein.

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 128. While pledging the Delta Beta Chapter of Pi Kappa Alpha, Stone Foltz

was in fear of physical consequences of the hazing and other misconduct to which he was

subjected.

129. As more fully described above, Defendants owed Stone Foltz a duty of

care.

130. As more fully described above, Defendants breached that duty to Stone

Foltz.

131. As a direct and proximate result of Defendants’ unlawful conduct, Stone

Foltz suffered a wrongful death and conscious pain and suffering and his Estate has sustained

economic loss, pain and suffering, loss of consortium, mental anguish, loss of services, and all

other remedies permitted under Ohio law.

COUNT SEVEN - NEGLIGENCE

(Against Defendants Delta Beta Chapter and Pi Kappa Alpha)

132. Plaintiff repeats and realleges the preceding paragraphs as if fully

rewritten herein.

133. Pi Kappa Alpha and Delta Beta Chapter each voluntarily undertook to

regulate and restrict the consumption and provision of alcohol by members and pledges of Delta

Beta Chapter during rush, recruitment, and pledge activities.

134. Pi Kappa Alpha’s Fraternity Standards related to alcohol and drugs

provide, in part, that:

a. The possession, use and/or consumption of alcoholic

beverages, while on chapter premises, during an official
chapter event, or in any situation sponsored or endorsed by
the chapter, must be in compliance with any and all
applicable laws of the state, county, city and university.

b. The purchase or use of a bulk quantity or common source(s)

of alcoholic beverages by a chapter is prohibited.

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 c. No chapter shall permit, tolerate, encourage or participate in
“drinking games” at a chapter-sponsored event.

d. All recruitment or rush activities conducted by or on behalf

of any chapter shall be non-alcoholic.

e. No alcohol shall be present at any new member program,

activity, or Ritual of the chapter.

f. Hard alcohol, meaning those beverages with >15% alcohol

by volume (ABV), is prohibited on chapter premises, during
any chapter events.

135. Delta Beta Chapter expressly agreed to abide by, uphold and enforce Pi

Kappa Alpha’s alcohol use policies.

136. Upon information and belief, Bowling Green State University relied on

public statements and other assurances given by Pi Kappa Alpha and Delta Beta Chapter

regarding Pi Kappa Alpha’s and Delta Beta Chapter’s role in regulating and restricting the

consumption and provision of alcohol by members and pledges of Delta Beta Chapter during

rush, recruitment, and pledge activities in deciding to confer and renew recognition of Delta Beta

Chapter as an official student organization authorized to operate and recruit students, including

Stone, at Bowling Green State University.

137. Pi Kappa Alpha and Delta Beta Chapter thereby assumed a duty to

exercise ordinary care in undertaking to regulate and restrict the consumption and provision of

alcohol by members and pledges of Delta Beta Chapter during rush, recruitment, and pledge

activities.

138. Pi Kappa Alpha and Delta Beta Chapter also each owed Stone Foltz a duty

to use ordinary care to ensure alcohol were not used and/or made available to pledges.

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 139. Pi Kappa Alpha and Delta Beta Chapter each are responsible for enforcing

policies that ensure alcohol and illicit drugs are not used and/or made available to pledges.

140. Pi Kappa Alpha and Delta Beta Chapter were negligent by permitting,

encouraging, and/or forcing alcohol use by pledges.

141. Pi Kappa Alpha’s and Delta Beta Chapter failure to exercise ordinary care

in this regard increased the risk of harm to Stone and other pledges of Delta Beta Chapter.

142. Pi Kappa Alpha and Delta Beta Chapter were further negligent by failing

to enforce their own policies regarding alcohol use by pledges.

143. It was foreseeable that a pledge, including Stone Foltz, could by injured or

die because of these Defendants’ negligence.

144. As a direct and proximate result of Pi Kappa Alpha’s and Delta Beta

Chapter unlawful conduct, Stone Foltz suffered a wrongful death and conscious pain and

suffering and his Estate has sustained economic loss, pain and suffering, loss of consortium,

mental anguish, loss of services, and all other remedies permitted under Ohio law.

COUNT EIGHT – NEGLIGENCE

(Against Defendants Dunson, Henricksen, Krinn, Prizel, Hord, Dodson,
Caldwell, Boyers, Sweeney, Lehane, and John Does 1-10)

145. Plaintiff repeats and realleges the preceding paragraphs as if fully

rewritten herein.

146. Defendants Dunson, Henricksen, Krinn, Prizel, Hord, Dodson, Caldwell,

Boyers, Sweeney, Lehane, and John Does 1-10 were aware of and/or permitted the hazing and

misconduct that harmed and imperiled Stone Foltz on March 4, 2021.

147. Defendants Dunson, Henricksen, Krinn, Prizel, Hord, Dodson, Caldwell,

Boyers, Sweeney, Lehane, and John Does 1-10 each knew or should have known that Stone

28
Foltz had become incapacitated, imperiled, and was unable to take care of himself because of the

hazing he was subjected to on March 4, 2021.

148. Defendants Dunson, Henricksen, Krinn, Prizel, Hord, Dodson, Caldwell,

Boyers, Sweeney, Lehane, and John Does 1-10 all undertook to make and control decisions

regarding Stone Foltz’s care, as well as whether reasonable emergency medical care would be

summoned or provided for him, after the hazing activities they engaged in had put Stone Foltz in

a position of peril and in need of immediate emergency medical care. Defendants each thereby

assumed a duty to exercise ordinary care in making and controlling decisions regarding Stone’s

care.

149. Defendants Dunson, Henricksen, Krinn, Prizel, Hord, Dodson, Caldwell,

Boyers, Sweeney, Lehane, and John Does 1-10 all breached their duties to exercise ordinary

care, and were negligent, by:

a. Failing to immediately summon emergency medical care for

Stone, which was obviously required under the
circumstances; and/or

b. Preventing others from immediately summoning emergency

medical care for Stone, which was obviously required under
the circumstances.

150. As a direct and proximate result of these Defendants’ unlawful conduct,

Stone Foltz suffered a wrongful death and conscious pain and suffering and his Estate has

sustained economic loss, pain and suffering, loss of consortium, mental anguish, loss of services,

and all other remedies permitted under Ohio law.

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 COUNT NINE – CIVIL CONSPIRACY
(Against Defendants Delta Beta Chapter, Pi Kappa Alpha, Dunson, Henricksen, Krinn,
Prizel, Hord, Dodson, Caldwell, Boyers, Sweeney, Lehane, and John Does 1-10)

151. Plaintiff repeats and realleges the preceding paragraphs as if fully

rewritten herein.

152. Hazing is an unlawful act under Ohio law, and Defendants violated R.C.

§ 2307.44.

153. Defendants acted purposefully, maliciously, and in concert, with the intent

to cause injury or damage to Stone Foltz, as described above.

154. Defendants each knew, or should have known, that their actions and the

actions of the other defendants were unlawful and improper.

155. Despite this knowledge, Defendants provided substantial assistance and

encouragement to each other in carrying out their unlawful and tortious acts.

156. As a direct and proximate result of Defendants’ unlawful conduct, Stone

Foltz suffered a wrongful death and conscious pain and suffering and his Estate has sustained

economic loss, pain and suffering, loss of consortium, mental anguish, loss of services, and all

other remedies permitted under Ohio law.

COUNT TEN – NEGLIGENCE

(Against Defendant Pi Kappa Alpha)
(Respondeat Superior/Vicarious Liability)

157. Plaintiff repeats and realleges the preceding paragraphs as if fully

rewritten herein.

158. Defendants Delta Beta Chapter, Dunson, Henricksen, Krinn, Prizel, Hord,

Dodson, Caldwell, Boyers, Sweeney, Lehane, and John Does 1-10 were acting as Pi Kappa

Alpha’s agents and within the scope of their agency at all relevant times because the hazing at

30
issue was a long-standing tradition of Delta Beta Chapter and Pi Kappa Alpha and was

calculated, designed, and carried out to facilitate and promote the purported bonds of

brotherhood among Pi Kappa Alpha’s membership, as well as loyalty from the membership to Pi

Kappa Alpha.

159. Pi Kappa Alpha relies on purported bonds of brotherhood and loyalty

from its membership to generate its primary source of revenue through membership dues and

fees.

160. Pursuant to the doctrine of respondeat superior or vicarious liability,

because Defendants Delta Beta Chapter, Dunson, Henricksen, Krinn, Prizel, Hord, Dodson,

Caldwell, Boyers, Sweeney, Lehane, and John Does 1-10 were acting as Pi Kappa Alpha’s

agents and within the scope of their agency at all relevant times, and/or because Pi Kappa Alpha

ratified the actions of these Defendants, Pi Kappa Alpha is vicariously liable for all damages

caused by these Defendants.

COUNT ELEVEN – NEGLIGENCE

(Against Defendant Delta Beta Chapter)
(Respondeat Superior/Vicarious Liability)

161. Plaintiff repeats and realleges the preceding paragraphs as if fully

rewritten herein.

162. Defendants Dunson, Henricksen, Krinn, Prizel, Hord, Dodson, Caldwell,

Boyers, Sweeney, Lehane, and John Does 1-10 were acting as Delta Beta Chapter’s agents and

within the scope of their agency at all relevant times because the hazing at issue was a long-

standing tradition of Delta Beta Chapter and was calculated, designed, and carried out to

facilitate and promote the purported bonds of brotherhood among Delta Beta Chapter’s

membership, as well as loyalty from the membership to Delta Beta Chapter.

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 163. Delta Beta Chapter relies on purported bonds of brotherhood and loyalty

from its membership to generate its primary source of revenue through membership dues and

fees.

164. Pursuant to the doctrine of respondeat superior or vicarious liability,

because Defendants Dunson, Henricksen, Krinn, Prizel, Hord, Dodson, Caldwell, Boyers,

Sweeney, Lehane, and John Does 1-10 were acting as Delta Beta Chapter’s agents and within the

scope of their agency at all relevant times, and/or because Delta Beta Chapter ratified the actions

of these Defendants, Delta Beta Chapter is vicariously liable for all damages caused by these

Defendants.

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 to reflect the value of the loss of this
young life);

(b) Punitive damages in an amount to be determined at trial;

(c) Plaintiff's attorney fees and costs of this action;

(d) Such additional relief as the Court deems just and equitable.

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 Respectfully submitted,

/s/ Rex H. Elliott

Rex H. Elliott (0054054)
Sean R. Alto (0087713)
Jonathan N. Bond (0096696)
Cooper & Elliott, LLC
305 West Nationwide Boulevard
Columbus, Ohio 43215
(614) 481-6000
(614) 481-6001 (Facsimile)
rexe@cooperelliott.com
seana@cooperelliott.com
jonr@cooperelliott.com

Attorneys for Plaintiff

Shari Foltz, Administrator of the
Estate of Stone J. Foltz

JURY DEMAND

Pursuant to Rule 38(B) of the Ohio Rules of Civil Procedure, plaintiff hereby demands a

trial by Jury.

/s/ Rex H. Elliott

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