OU pledge sued, alleging hazing
Staff Writer kmcnutt@oklahoman.com
Officials with Beta Theta Pi fraternity say they have evidence that contradicts allegations that a hazing incident caused “serious bodily injury” to a pledge in 2015.
A lawsuit filed Sept. 29 in Tulsa County District Court alleges former University of Oklahoma student Blake Novacek was injured when a member of the fraternity hit him with a baseball bat, causing him to fall, hit his head and lose consciousness.
The lawsuit states the incident occurred in the early morning hours of Oct. 11, 2015, after the Beta Theta Pi pledges were called to the fraternity house, where nearly 100 members and alumni awaited.
It 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.
Zach Allen, president of Beta Theta Pi Corporation of Oklahoma, said fraternity officials became aware of the lawsuit Monday and began investigating the matter.
“We have numerous witness accounts and other evidence which contradict Blake’s story and which question his credibility. Based on our investigations to date, we firmly believe Blake’s allegations are false and that his lawsuit is entirely without merit,” Allen wrote in an email sent Thursday night.
“We note in particular that Blake’s petition alleges the subject events occurred in the early morning of Sunday, October 11, 2015. In fact, no pledge or other fraternity activities occurred on that date. This date occurred during the weekend for the OUTexas football game in Dallas, Texas, which was attended by nearly all the fraternity’s members and pledges, including Blake and the two individual members named in the suit,” Allen wrote.
The email says Novacek — who is the son of former Dallas Cowboys tight end Jay Novacek — attended the Dallas Cowboys’ game that Sunday and did not return to Norman until late that evening.
Michael Atkinson, an attorney representing Novacek, said the lawsuit should have noted the incident happened “on or about” Oct. 15.
The exact date could be wrong because Novacek lost consciousness during the incident and suffered a traumatic brain injury, Atkinson said.
“What we know for sure it was not long after the OU-Texas game on the 10th. We all have a lot to learn in this case. I’m looking forward to the discovery,” Atkinson said.
“I don’t get hazing. I don’t get bullying. Things got out of hand and somebody got hurt,” he said.
The lawsuit alleges Muselmann swung the baseball bat and hit Novacek in the abdomen, and Martindale later threatened Novacek to keep quiet about the incident.
National fraternity officials knew pledges were being “subjected to illegal activity” at the OU chapter and other chapters around the country, and failed to protect them, the lawsuit alleges.
“We are offended by these false and inflammatory allegations, and we will vigorously defend our fraternity, its members, and their reputations against this baseless lawsuit,” Allen wrote in the email.
In a comprehensive study of college hazing, published in 2008 by University of Maine professor Elizabeth Allan, 55 percent of respondents reported they experienced hazing in relation to their involvement in a campus club, team or student organization. Common hazing practices reported were alcohol consumption, humiliation, isolation, sleep deprivation and sex acts.
The study showed the highest percentage of those who reported hazing (74 percent) were varsity athletic team members, followed by social fraternity/sorority members (73 percent).