Wrongful-death suit filed against fraternity

A year after their son's death, Don and Janice Jensen are pointing the blame squarely at the Pi Kappa Phi fraternity.

The parents filed a wrongful-death civil suit in King County Superior Court Tuesday, attacking the fraternity and the Greek system for fostering a culture encouraging underage drinking and failing to keep each other safe when alcohol impairs judgment.

Brett Jensen died in the early morning of May 7, 2002, after falling 30 feet from a Pi Kappa Phi balcony. Police found no witnesses to the fall during their investigation. Witnesses did say Jensen had been drinking but did not appear drunk.

The suit seeks unspecified damages and alleges neglect on the part of the fraternity leadership. Jensen participated in a drinking game -- the Century Club -- which was organized, advertised and had alcohol supplied by the house's leadership, the lawsuit alleges. Members of the house knew members who were underage were participating and were encouraged to do so, the suit also says.

As a result, the house's 2002 social chair and president are named as defendants, in addition to the national chapter, the Washington chapter and the Pi Kappa Phi Alumni Association.

Michael Podobnik, this year's house president, said he could not comment because he did not know the details of the lawsuit.

The Pi Kappa Phi house is now dry, as part of the terms of its probation from its national office. The fraternity's head office, based in Charlotte, N.C., conducted its own investigation, which ended in October. Spokesmen for the national chapter and the Jensens declined to comment until after they have spoken with their respective lawyers.

The UW has placed the house on probation set to last as long as the national suspension, according to Sarah Carlson, assistant to Ernest Morris, vice president of student affairs.

Carlson listed five violations of the recognition agreement between the UW and the fraternity: failure to register a party, failure to acquire a banquet permit, failure to restrict access, failure to prevent underage drinking and the presence of drinking games.

In the Greek system, there is doubt to the validity of the lawsuit's claims. Jason Bartusch, director of the Alumni Interfraternity Council and adviser to the UW's fraternities, said the culture described in the lawsuit does not exist nearly to the extent the Jensens' claim.

"Pi Kappa Phi is one of our outstanding chapters," Bartusch said.

While Bartusch admits there is drinking in the Greek system, he takes issue with claims that alcohol flows freely to minors and that they are encouraged to drink.

"There is a level of free will everybody has," Bartusch said. "[Jensen] chose to do something and, sadly, this was the unexpected consequence."

Bartusch also emphasized that there is nothing particular with the Pi Kappa Phi house that led to Jensen's death.

"It could have happened at any house," he said.

Podobnik said his brothers are still grieving from Jensen's death. They are thankful for the support from the Greek system and for the counselors the UW provided last year and during the memorial for Jensen during this year's Greek Week.