The family of Maxwell Gruver has filed a federal lawsuit against the University, the national and local Phi Delta Theta chapters, the company that owns the fraternity house and several former fraternity members. The Gruvers are seeking $25 million in damages and a trial by jury, according to a release from The Max Gruver Foundation.
Maxwell Gruver died of alcohol poisoning on Sept. 14 after being forced to take 10-12 “pulls” of 190-proof liquor at a hazing ritual the night before. Three former students, Ryan Isto, Patrick Forde and Sean-Paul Gott all face hazing charges, while Matthew Naquin faces a negligent homicide charge.
The complaint, filed by Gruver’s parents, Stephen and Rae Ann Gruver, alleges the University and Phi Delta Theta were aware of hazing and binge drinking within Greek organizations and neglected to take the proper measures that could have prevented Maxwell’s death. The complaint says the University treated alleged hazing in sororities with harsh punishments, but did little to combat responses to hazing in fraternities, according to the release.
“LSU’s policy and practice meant that a sorority accused of hazing its pledges by making them sing songs and do sit-ups and putting whipped cream, syrup and eggs in their hair was given “Total Probation” by LSU – the most severe sanction LSU can impose, short of rescinding its recognition of the sorority,” the release said.” While Phi Delt’s chapter, which admitted to hazing in 2016, was only placed on interim suspension for a month.”
LSU Media Relations Director Ernie Ballard released a statement in response to the lawsuit, saying the loss of Gruver was a tragedy for the entire LSU community.
“Since Max’s untimely death, LSU has worked to develop and implement new policies and practices to better protect all of our students,” Ballard said. “We are now implementing those changes and are working to educate each and every one of our Greek leaders, Greek students and others involved in student organizations.”
Ballard said the University supported the Gruver family’s efforts to criminalize hazing and ensure harsher penalties in Louisiana. He added that the University has partnered with other universities who’ve been affected by hazing to recommend new standards.
“The time has come for the national fraternities to support the universities and engage their membership to discourage dangerous behavior going forward,” Ballard said.
The national Phi Delta Theta organization released a statement on the lawsuit. The statement says the organization is committed to fostering a safe culture through policies, and will have serious consequences for chapters that violate these policies.
“Phi Delta Theta is a values-based organization that is committed to promoting a culture of responsibility in our chapters, and we remain vigilant in protecting the safety of our members and guests,” the release said. “We strongly advocate that those found to be involved and in violation of our risk management policies will be held accountable for their individual actions and prosecuted to the fullest extent of the law.”
The release included details of new policies enacted by the organization in response to Gruver’s death and the subsequent investigation.
“Immediately after the situation, Phi Delta Theta initiated a thorough review of all the Fraternity’s health and safety initiatives,” the statement said. “While these efforts continue, they have already resulted in the creation of required individual and chapter bystander education, a Good Samaritan policy, mandatory new member program development and enhanced parent engagement and communication.”
The Gruvers will be represented by Douglas Fierberg of The Fierberg National Law Group, according to the release.
This story will be updated as more information becomes available.
Family of Maxwell Gruver files lawsuit against LSU, Phi Delta Theta fraternity, seeks $25 million in damages
By Evan Saacks | @evansaacks
August 16, 2018
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