The Old Main building, on the campus of Penn State University, in State College, Pennsylvania. Photo: Shutterstock

The fraternity chapter that was banned from Pennsylvania State University's campus following the high-profile hazing death of Timothy Piazza has sued the university, claiming that it was banned without due process in an effort to deflect blame for the death.

The Alpha Upsilon chapter of the Beta Theta Pi fraternity sued Penn State, university president Eric Barron, vice president Damon Sims and senior director of the office of student conduct Danny Shaha, alleging fraud, negligence, conspiracy, bad faith and violations of the due process rights outlined under the 14th Amendment.

The suit stems from the February 2017 death of then-19-year-old Piazza, who died while taking part in rushing activities aimed at joining the fraternity chapter. The death occurred after Piazza fell down a staircase leading to the basement of the frat house while intoxicated. As a result of the death, the fraternity chapter was permanently banned from the school, and several fraternity members were criminally charged over the death. Last month, a Centre County jury convicted one of the men of hindering apprehension.

The fraternity's suit, which was filed June 21 in the U.S. District Court for the Middle District of Pennsylvania and referred to the chapter as House Corp, contends that the university investigated Piazza's death without following any of the procedures or guidelines listed in the Office of Student Affairs or the Interfraternity Council (IFC). The complaint further contends that the school is also unlawfully seeking to take possession of the property where the incident occurred.

“Penn State's announcement that it was permanently banning the chapter was made without providing the chapter or the House Corp with any opportunity to state their respective positions in relation to such 'investigation,'” the 26-page complaint, filed by Michael Leahey of Jackson Kelly, said. “Further, Penn State did not permit either the chapter or House Corp to review the information upon which Penn State allegedly based its decision including, among other things, the video of February 2, 2017 (to which Penn State was granted access), witness statements, and other information which Penn State indicated that it received.”

READ THE COMPLAINT HERE:

The fraternity's complaint contends that the defendants had recently lauded Beta Theta Pi as “the gold standard” among college fraternities, and also argued that it was the defendants themselves who were tasked with implementing policies and procedures meant to ensure student safety.

The complaint also contended that Penn State officials have “largely ignored” the “numerous deaths, serious injuries and sexual assaults” that have happened at Penn State over the last 10 years, and that “selectively” punishing Beta Theta Pi for Piazza's death was an attempt to call attention away from the defendants' failure to adequately address the school's drinking culture, which, the fraternity alleged, had earned the school the recognition of being the “number one party school in the nation.”

“Sims, Barron and Shaha intentionally deprived the chapter and the House Corp of due process in furtherance of their campaign to place the blame for Mr. Piazza's accidental death on the chapter, rather than acknowledge that their own failed policies regarding the drinking culture at Penn State,” the complaint said.

In an emailed statement, a university spokeswoman cited a letter the school posted online regarding alcohol and Greek-letter organizations, and said, “The various issues have been addressed previously, including our decision to ban Beta Theta Pi forever at Penn State.”

Leahey did not return a call seeking comment.

The docket reflected that no law firm has yet entered its appearance representing Penn State in the matter.