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Fraternity hazing nearly killed him — now he can’t work or study, lawsuit says

National · Kyle Melnick · last updated

Lawsuit: Fraternity hazing left San Diego State student near death - The Washington Post

San Diego State University student Benjamin Brennan was working his off-campus restaurant job in April 2021 when he received a text message: Be at the fraternity house in about 30 minutes, a new lawsuit alleges.

During his final pledging night, Brennan was forced to drink excessive amounts of alcohol, leaving him unable to function and with a blood alcohol level of 0.489, the lawsuit claims. Fraternity members dumped Brennan at a hospital, where he was placed on life support and given a 1 percent chance of survival, the complaint alleges.

While Brennan survived, he suffered injuries that continue to prevent him from performing normal activities, such as attending school and working, and that might inflict permanent damage, the lawsuit alleges. Brennan has also amassed medical expenses, the lawsuit says.

Last week, Brennan, 21, filed the lawsuit in San Diego County’s Superior Court against Kappa Sigma Fraternity and its San Diego State chapter’s members and landlords, alleging they negligently placed his life in danger by conducting or ignoring hazing practices. Brennan is requesting compensation for medical expenses, damages and other economic losses he has endured.

“His whole life is upside down because these guys wanted to have some fun with him and threaten and coerce him,” James Frantz, an attorney representing Brennan, told The Washington Post.

Kappa Sigma Fraternity’s executive director, Mitchell Wilson, said in a statement that the behavior described by Brennan is “unacceptable under any circumstances.”

“The Kappa Sigma Fraternity has taken action against the individuals who were involved,” the statement said. “As an organization, we continue to adamantly oppose hazing, the misuse of alcohol and placing the health and safety of any person at risk.”

San Diego State announced in May 2020 that its Kappa Sigma chapter had been suspended because of previous allegations that it violated the school’s alcohol, health and safety policies. The chapter was expelled in 2022 for hazing, and its appeal this year was denied, a San Diego State spokeswoman said in a statement. While she declined to say whether its members were disciplined regarding Brennan’s allegations, she said the university enforces anti-hazing policies.

“Participation in hazing will result in both individual and organizational disciplinary action, including possible expulsion,” the statement said. “The university educates students that commission of hazing is also punishable by law.”

In 2021, Brennan, a 19-year-old freshman from Pittsburgh, wanted to make friends at college, according to Frantz and the lawsuit. He was an avid surfer and skier who wanted to study marketing and work in film production, Frantz said. During his nearly six weeks of pledging, fraternity members informed Brennan that if he didn’t participate in all required activities, he would be cut from the group, the lawsuit alleges.

Brennan received the message about the final pledging event while he was working his part-time job in Ocean Beach, Calif., on April 16, 2021, the lawsuit states. Brennan left work, which caused him to be fired, for “Big Bro” night — a fraternity ritual that assigns an older member to mentor an inductee, the lawsuit claims.

At the fraternity house, chapter members told Brennan that he’d only be initiated if he followed everything asked of him that night, the lawsuit claims. His phone and car keys were taken to prevent him from leaving, requesting help or recording the events, the lawsuit alleges.

Fraternity brothers forced Brennan to drink a 25.4-ounce bottle of Captain Morgan rum within 30 minutes and to smoke tobacco and marijuana, according to Frantz and the lawsuit. He continued drinking after he could no longer stand or speak, the lawsuit claims.

The next morning, Brennan was unconscious on a couch when fraternity members struck him with paddles, according to the lawsuit. He was comatose for about 90 minutes before members drove him to a hospital and left his body at the emergency department’s entrance before speeding away, the lawsuit alleges.

“It’s supposed to be a brotherhood when you go into a fraternity, and everyone helps each other,” Frantz said. “I don’t see any of that going on here.”

At the hospital, Brennan was found “unconscious, vomiting and not protecting his airway,” the lawsuit claims.

Other fraternity hazing incidents have turned dangerous — and even fatal. Another San Diego State student, Dylan Hernandez, died in November 2019 after a fraternity event.

Brennan attempted to continue studying at San Diego State after leaving the hospital, Frantz said, but he had cognitive impairment and later dropped out. Brennan has accepted multiple jobs but has been unable to perform his duties, Frantz said, and he has depression and post-traumatic stress disorder.

In the past two years, Brennan’s health has continued to deteriorate, Frantz said.

“He did survive, and at times he feels like he’d be better off if he didn’t,” Frantz said. “Everything is a cloud for him.”