OU fraternity disputes hazing suit allegations

Staff Writer kmcnutt@oklahoman.com

A lawsuit accusing a University of Oklahoma fraternity and two of its members of hazing that resulted in “serious bodily injury” to a pledge in 2015 is “entirely without merit,” Zach Allen, president of Beta Theta Pi Corporation of Oklahoma, said Wednesday.

“On Monday, we became aware of a lawsuit filed against the Beta housing corporation, our chapter, the Beta General Fraternity and certain of our members. This is the first any of us have heard of any of the plaintiff’s alleged grievances, which supposedly arose two years ago,” Allen said in an emailed statement.

“While we are mystified by the plaintiff’s motivations, we do firmly believe that the subject allegations are false and that the suit’s claims are entirely without merit. We are offended by the allegations, we intend to vigorously contest this action by all legal means at our disposal, and we are confident of vindication.”

The personal injury complaint was filed Sept. 29 in Tulsa County District Court on behalf of former OU student Blake Novacek, who was pledging Beta Theta Pi in the fall of 2015.

The lawsuit seeks actual and punitive damages from Beta Theta Pi Corporation of Oklahoma, the OU chapter, Beta Theta Pi, and fraternity members Shane Muselmann and Gavin Martindale. Muselmann and Martindale are residents of Tulsa County, the document states.

Novacek, the son of former Dallas Cowboys tight end Jay Novacek, lives in Texas.

Some 100 fraternity members and alumni were present Oct. 11, 2015, when the pledges were called to the Beta Theta Pi house, where they were blindfolded and taken to individual rooms, the lawsuit states.

When Novacek failed to recite some pledge facts, Muselmann struck him in the abdomen with a baseball bat, causing him to hit his head and lose consciousness, the lawsuit states.

It further states Martindale threatened Novacek with retribution if he reported the incident.

“The university investigates every report of a violation of the Student Rights and Responsibilities Code. It would not be appropriate to comment on matters involved in pending litigation,” OU spokesman Rowdy Gilbert said Wednesday.

Musselman and Martindale are currently students at OU, but Novacek is no longer enrolled, Gilbert said.