KU fraternity sued by injured pledge

? A Stilwell man has filed suit against a Kansas University fraternity over injuries he suffered at a party in September.

The Kansas City Star reported Friday that Matt Fritzie sued Phi Gamma Delta this week in Missouri’s Jackson County Circuit Court for unspecified damages.

Fritzie, a freshman pledge from Stilwell, was injured Sept. 17 after jumping into a homemade pool constructed of sandbags and a tarp at the fraternity house, 1540 La. The lawsuit alleges Fritzie was ordered to dive into the pool during the fraternity’s “Fiji Island” party and suffered “severe injuries, including permanent spine damage and paralysis.”

The lawsuit alleges that fraternity officials were aware of past problems with the annual Fiji Island party, and that national fraternity officials had specifically prohibited the building of any pools or ponds. The lawsuit also asserts that minors were allowed to drink alcohol during the party.

The Jackson County lawsuit filed this week names three defendants: the Phi Gamma Delta Chapter House Association, the fraternity’s national organization, and David R. Smith of Kansas City, Mo., who is a trustee and a member of the local fraternity’s House Corporation.

Attempts to reach Fritzie’s attorney and representatives of the fraternity on Friday were unsuccessful.

KU placed the fraternity on a two-year probationary period after finding that the fraternity violated KU’s Code of Student Rights and Responsibilities for hazing, though the university was not able to substantiate that the hazing resulted in physical injuries. As part of the probation, the fraternity will be alcohol-free through the 2011-12 school year and will not be allowed to have social events on chapter grounds through the spring 2011 semester. Social events were banned altogether for the fraternity during the fall semester. All chapter members were also required to complete community service hours.

KU officials in their report interviewed a person who performed a swan dive into a pool and was injured — a person, based on police and others’ description of events, believed to be Fritzie.

In that report, Fritzie alleged he was “ordered” to jump into the pool, but KU officials were not able to substantiate his claims.

The university was able to substantiate three forms of hazing: forcing students to wear costumes to the Island Party; forcing students to both clean the apartments of active members and fetch items at the whim of active members; and fostering an environment where underage drinking was permitted, encouraged or possibly forced.

Fritzie, after being treated for his injuries at KU Hospital, was transferred to Craig Hospital in Denver for further treatment. The rehabilitation facility admits only patients with serious brain or spinal cord injuries, a spokesman said.

Fritzie’s lawsuit was filed in Missouri because the fraternity conducts business there and the member of the chapter house association who focused on pledge treatment and education is based there, according to the lawsuit.