Gary L. DeVercelly Jr. Hazing Death

Case Details

Who: The case involved Gary L. DeVercelly Jr., an 18-year-old freshman at Rider University, who died following a fraternity initiation ritual. Our firm represented Gary’s family and estate following his death during a fraternity initiation ritual conducted by members of a Rider University fraternity affiliated with Phi Kappa Tau.

What Happened: On March 30, 2007, Gary DeVercelly Jr. died from acute alcohol poisoning after participating in a fraternity “Big Brother–Little Brother” initiation event. During the ritual, pledges were required to consume large quantities of alcohol as part of a so-called “family drink,” a practice that had become embedded in fraternity culture.

Despite clear signs of medical distress, Gary was left without appropriate supervision or timely medical intervention. The initiation event occurred in an environment where dangerous hazing practices were known risks, yet safeguards and enforcement measures were insufficient to prevent harm.

Results

The DeVercelly family pursued legal action against Rider University, the fraternity, national fraternity leadership, and other responsible parties. The case resolved through a significant settlement that included both financial compensation for the family and enforceable commitments by the university to change how fraternities were regulated and supervised on campus. Some of these non-economic terms include Rider’s adoption of policies that:

• Require publication of fraternity misconduct on the Greek Affairs portion of Rider’s website so that students, parents, and the general public are advised about these incidents and potential risks.
• Render Greek organizations “dry” by banning the use of alcohol at all Greek social events in residence halls and Greek houses on campus;
• Strengthen sanctions and require parental notification for all alcohol policy violations;
• Strengthen sanctions for hazing violations;
• Establish live-in directors to oversee a code of conduct enforcement in all Greek houses;
• Establish a “Good Samaritan” policy that encourages students to seek help first for medically compromised students without fear of campus repercussions; and

Impact

Of the many unprecedented changes, the requirement that fraternity misconduct be published on Rider’s website represented a historic change for universities.  At that time, there was no means for parents to learn about the overwhelming number of incidents of misconduct, injuries, and deaths that take place at fraternities.  In fact, most universities published only one-sided promotional information about fraternities; which helped fraternities keep tragedies and incidents of misconduct far from public view.

For example, the DeVercelly family only learned through litigation that just the year before, the same Phi Kappa Tau (PKT) fraternity chapter that Gary died at had been sanctioned, because another student pledge almost died of alcohol poisoning.  The DeVercelly family ensured that others could learn of these risks before making important decisions about whether or not to join a particular fraternity because parents and students deserve to know the truth about the dangers on campus.

From this tragedy, and the settlement reached with Rider University, our clients sought and obtained fundamental changes in the way Rider and fraternities on its campus are allowed to conduct business.

– New Jersey Superior Court, Mercer County, Law Division, Docket No. MER-L-003199-07

Julie and Gary DeVercelly have been committed to advocating for federal anti-hazing legislation since the tragic loss of their son, Gary DeVercelly, Jr., to hazing in 2007. You can read about their contribution to the Federal Anti-Hazing Legislation and the REACH Act Here.