Family, dean want accountability in Korona death

In the year since freshman Seth Korona died at a Theta Chi fraternity party, the fraternity lost its chapter and 24 students faced campus judicial proceedings. \nBut the Korona family and IU's dean of students agree there should be more accountability.\nThe Koronas, seeking to hold the involved parties responsible and to acquire more information about their son's death, filed a wrongful death lawsuit in November against Theta Chi and Bloomington Hospital.\nDean of Students Richard McKaig said he, too, is frustrated about a lack of accountability.\nWhile McKaig said he is satisfied with the IU Police Department report and judicial proceedings, he's frustrated that the people who bought the alcohol have not been held responsible.\n"It would've been nice to hold someone accountable," McKaig said.\nMcKaig said he hopes a bill making its way through the State Legislature that requires keg registration does just that. The bill, which would set up a system to track keg retailers and purchasers, passed out of a State Senate committee in late January.\nMcKaig said the Korona police report provides information about people who were drinking, who planned the event and people who brought alcohol into the house. It does not reveal who purchased the alcohol.\nMcKaig said people rarely "remember" who bought a keg, and Theta Chi was no exception.\n"No one can remember who bought the alcohol," McKaig said. "I say that with a certain smile on my face." \nKorona, 19, died last Feb. 4 of a skull fracture he sustained after doing a "keg stand" at Theta Chi. Korona was hospitalized two days later and remained in a coma until his death. Monroe County Prosecutor Carl Salzmann decided not to file charges.\nBut the University filed charges of its own.\nCampus judicial officials considered charges against 24 students for alcohol-related violations of the University Code of Ethics.\nMcKaig said the charges ranged from underage drinking to actions that endanger a student, the community or the academic process, but only the alcohol-related charges stuck.\nOf the students tried, five were found not responsible, nine received reprimands and four were put on disciplinary probation, McKaig said. \nSix students were "checklisted" for not appearing at judicial proceedings, which could mean they're no longer enrolled, McKaig said.\nFor the Koronas, bringing legal action is about holding people responsible for their own actions, Wendi Korona said. Gary Korona, Seth\'s father, said he wants more information about his son\'s death. But there's more to the lawsuit than that, he said.\n"I want to make sure this doesn\'t happen to anyone else," he said in November.\nThe Koronas' lawsuit has the potential to set important precedent, said Hank Nuwer, an adjunct professor of journalism at IU-Purdue University Indianapolis, an expert on hazing and binge drinking on campus. \n"It's the only case I know of where a rush incident is being looked at to determine whether or not it would fall under the category of negligent behavior," Nuwer said.\nNuwer said most fraternity-related lawsuits involve fraternity pledges, not rush guests.\nIronically, Nuwer said, the case Korona's lawyers are most likely to cite hits close to home. Decided in July 1999 by the Indiana Supreme Court, the case involved another IU fraternity. In Delta Tau Delta v. Tracey D. Johnson, the court held the fraternity responsible for a rape that occurred in its house.\nGeorge Patton, an attorney for Bose McKinney & Evans based in Washington, D.C., successfully argued the case for Johnson.\nIn November, Patton told the IDS that the key issue in his case -- whether prior acts on a property give the landowner notice that there is danger to those entering their property -- might also be applied in the Korona case.\nThe court ruled that Delta Tau Delta could be held liable since they ignored warning signs and repeated conduct problems, Patton said.\nBefore Korona's death, Theta Chi had been on and off probation from their national organization. In 1998, the fraternity was put on probation after police found 175 cases of beer and 31 liters of vodka while responding to an alcohol-related injury.\nIndianapolis Attorney Rich Hailey, the Korona's lawyer, said he will file discovery this week to try to compel the hospital and fraternity to turn over their Korona records.\nA Bloomington Hospital spokeswoman said the hospital has received a notice of intent to sue, but no notification of the lawsuit.\nTheta Chi Executive Director Dave Westol did not return a phone message.