Koronas subpoena University

The family of Seth Korona has sent IU a court-ordered subpoena to force the University to turn over documents relating to their son's death.\nIndianapolis Attorney Rich Hailey, the Korona's attorney, sent Dean of Students Richard McKaig the three-page subpoena late last week.\nThe subpoena, obtained by the IDS, asks for the complete IUPD investigatory record into Korona's death, minutes of all meetings in which the Korona incident was addressed, names and addresses of all former Theta Chi residents and copies of all rules and regulations enforced at IU fraternities. The plaintiffs give a total of 13 demands.\nThe University Counsel's office has received the subpoena but hasn't studied it yet, Associate University Counsel Kip Drew said.\nThe subpoena is the first discovery-process action in the Koronas' wrongful death lawsuit against Theta Chi Fraternity, its local chapter and its housing board. The Koronas filed the suit Nov. 9, 2001, in U.S. District Court in Indianapolis. Theta Chi filed its answer to the charges late last month.\nThe Koronas argued that the fraternity and the alcohol it served played a role in their son's death.\nBut in Theta Chi's answer to the charges, its attorneys said Seth Korona's own actions caused, or at least contributed to, his death.\n"…The comparative fault of Seth Korona is greater than the fault of all persons whose alleged fault proximately contributed…" Theta Chi's lawyers wrote in their answer to the charges.\nIndianapolis lawyer Bryce Bennett, Theta Chi's attorney, said Korona's death was a tragic accident that should have never happened but that it was not Theta Chi's fault.\n"Theta Chi has nothing but compassion, sympathy and condolences for Seth's family," Bennett said, "but we have thoroughly investigated the accident and reviewed documentation available to us, and at this time, we see no liability on the part of the fraternity defendant for Seth's death."\nKorona, 19, died last Feb. 4 of a skull fracture he sustained at a Jan. 27 party at Theta Chi. He fell and hit his head on a door frame after doing a "keg stand." Korona was hospitalized two days later and remained in a coma until he was taken off life support. Upon completion of an IUPD investigation, Monroe County Prosecutor Carl Salzmann decided not to file charges.\nSince IU is not named in the Korona's lawsuit, Hailey said he subpoenaed the University as a third party. Under Federal Rules of Civil Procedure, IU must produce the records for "inspection and copying" within 30 days.\nThe University refused to release many of the same documents to the IDS after repeated requests last year.\nDrew said the University complies with most valid subpoenas issued in Indiana courts.\nThe University will follow a specific process when studying the subpoena, she said. The University will determine if the information requested is something it has, something that's not privileged and something that's a public record. Finally, if a student record is part of the request, she said the University must comply with federal law.\n"As a general matter, students' records can't be released without student permission," Drew said. "One of the exceptions is if you are presented with a valid subpoena."\nShe said the University must give the students whose names appear in the documents notice of the subpoena and time to intervene before their names are released.