Settlement reached in Starks lawsuit
A lawsuit filed in August 2009 has been settled between the family of Michael Starks and Utah State with the agreement that USU implement as they see fit five recommendations regarding hazing, alcohol and drug abuse education.
After engaging in an off-campus Sigma Nu fraternity initiation activity in November 2008, Michael Starks, 18, died of alcohol poisoning. The Sigma Nu fraternity and Chi Omega sorority were closed following the incident and 13 students were charged. In August 2009, the Starks family filed a wrongful death suit against USU, saying that the university’s “benign neglect” played a part in the death of their son.
The settlement specifies five implementations for the university that James Morales, vice president for student services, said are in cohesion with what Utah State is already committed to doing.
Morales said the university is pleased with the outcome because the settlement agreement outlines things that, “we (the university) are very much committed to.”
The safety and well-being of students has always been something the university takes seriously, Morales said. He said nothing was surprising in the agreement because USU has already been doing the things that were outlined.
“We cherish them (students) very much and we try very much to the best of our ability to provide an environment that is conducive to their safety,” Morales said. “It is an opportunity that we take upon ourselves and we are constantly looking for ways to improve and enhance and find better ways of doing something.”
John DeVilbiss, executive director of public relations & marketing, said USU shares concerns with the Starks’ family.
“We share their concern of prevention,” DeVilbiss said. “What can we do to insure this never happens again?”
As part of the settlement, Utah State agreed to implement five recommendations that were created by a special task force established by USU President Stan Albrecht in 2009.
One of the agreements is that USU review their existing alcohol training and is sure to invite and incorporate students in to get their opinions, which is something the university already has been doing, Morales said. He said they will look at it more closely and see if they have missed anything and find a better outcome from the training.
DeVilbiss said these new implementations shouldn’t cost money. He said because these recommendations are already in place, they will be fine-tuned, but no extra costs are associated with the settlement.
Aggies Think, Care, Act is one program that came about because of the recommendations made by the task force. The goal of the program is educating students on the importance of thinking through their actions and what the ramifications for those actions are, DeVilbiss said.
The program’s title, Think, Care, Act, was chosen because it stressed that students should think about the consequences of their actions, care about the people around them, and act, not just be a bystander; be willing to help people.
“Students should not only care for their own safety, but the safety of their peers and then acting accordingly,” DeVilbiss said.
The program will be geared more toward incoming freshman during SOAR activities and will be an ongoing process. Morales said it is about social responsibility and students need to exercise that responsibility.
“It is that old adage “be your bother or sister’s keeper,” be willing to speak up and willing to get involved,” he said.
Another recommendation mentioned in the settlement is to have local police be part of the training programs. According to the task force’s report, having police “provide information regarding local hospital policies about police notification and underage drinkers transporting friends to the hospital for overdose treatment” is also an important implementation for USU.
Expecting faculty to cooperate in conducting student surveys is another recommendation from the settlement, Morales said. He said student surveys get the best and most comprehensive information, and there is “no question” that faculty will be supportive.
To “consider making annual alcohol and hazing update training programs mandatory for all club sports and Greek organizations” is the last recommendation, and Morales said the university has already been doing this as well.
Morales said the training programs have been happening over the years, and they will be looking to see how they can improve them.
“We were already reaching into the Greek organization, we are partners and they are excited about doing this with us, this is a standard part of what we have been doing over the years,” he said.
Greek leadership and other leaders of the chapter get together and have an annual training meeting that includes hazing and alcohol abuse training.
“It is important to note that the Greek organizations are not owned or operated by the university,” Morales said. “We have no legal right in telling them what to do, but it is in both of our best interest to partner with each other.”
– megan.b@aggiemail.usu.edu