Death of Tim Piazza

Timothy John Piazza (September 25, 1997[1] February 4, 2017) died as the result of hazing at the Beta Theta Pi fraternity at Pennsylvania State University at University Park, Pennsylvania. The incident led to closure of the fraternity's chapter at the university, and at least 26 members of the fraternity had charges of involuntary manslaughter dropped by a presiding judge.[2][3]

Pennsylvania v. Alpha Upsilon et al.
CourtCentre County Courthouse
Full case nameThe Commonwealth of Pennsylvania v. Beta Theta Pi - Alpha Upsilon Chapter et al.
Decided2017 to present
VerdictMultiple defendants have pled guilty; two defendants have successfully filed a stay. Not guilty of 18 Pa. C.S. 2504 , a felony upon Timothy J. Piazza, a human being. Involuntary manslaughter charges refiled by Centre County, Pennsylvania District Attorney Stacy Parks Miller and Attorney General of Pennsylvania Josh Shapiro.
Case history
Subsequent action(s)Civil lawsuit filed by the Piazza family; 25 of 47 defendants settling civilly. Passage of the Timothy J. Piazza Antihazing Law signed by Governor of Pennsylvania Tom Wolf.
Court membership
Judge(s) sitting
  • Carmine Prestia (Preliminary Hearing)
  • Allen Sinclair (Preliminary Hearing)
  • Brian Marshall (Trial)

The death of Tim Piazza led to the largest criminal indictment against a fraternity and its members in American history. More than 1,000 counts were levied against 18 members of Beta Theta Pi, including eight who were charged with involuntary manslaughter and aggravated assault.[4] Additional charges were added later. Piazza's death became a turning point for America's fraternities.[5]

Background

Joe Paterno had strong ties to Penn State's Beta Theta Pi. When Don Abbey donated millions to renovate the Beta house, Paterno and his wife, Sue, lauded the renovation in a press conference.

In 2005, Penn State alumnus Don Abbey, a member of Joe Paterno's first ever Penn State Nittany Lions football scholarship class and Beta Theta Pi alumnus, donated $1.2 million to renovate the Beta Theta Pi house. In 2006, Abbey raised another $3.5 million in renovation funds.[6] The renovation was lauded by Paterno and his wife, Sue Paterno.[7] Throughout the renovation process, fraternity brothers smashed holes in the walls with baseball bats, leading Abbey to predict future damage to the property. He was a staunch critic of hazing, and due to the toxic culture he found in Beta Theta Pi, he installed an extensive video surveillance system to ensure he would be notified if an emergency situation ever occurred on the property.[8]

The Penn State chapter of Beta Theta Pi was known to have a deep history of hazing. Brothers once held a party on their front porch, yelling racial slurs at an African-American Penn State student as he walked past the house. The house was once banned for having a front yard littered with used condoms along with hot sauce covering the entire Great Hall.[9]

In September 2016, a pledge named Kordel Davis was driven to a clinic after a night of hazing that left a gash on his head.[10] A fraternity brother nicknamed "Pajamas" saw Davis in a desperate state, and Davis asked "Pajamas" to drive him back to his dorm room. "Pajamas" texted Pledge Master Brendan Young this information, in which Young replied, "Who? Cordell [sic]. Not worth it."

Hazing incident

Tim Piazza's pledge class was forced to "run the gauntlet" on the first night of hazing. This event was a yearly tradition in Penn State's Beta Theta Pi fraternity.

Piazza was a 19-year-old sophomore engineering student at Pennsylvania State University. He was a pledge of the Beta Theta Pi fraternity at the university. On the night of February 2, 2017, while undergoing hazing activities for the fraternity, Piazza, on an essentially empty stomach, drank large amounts of alcohol in a short time as part of an obstacle course called "The Gauntlet", which required each pledge to drink from a bottle of vodka, drink a beer, and finally drink from a bag of wine. It later was revealed that Piazza took prescription anti-depressants, which contributed to his inebriation. The fraternity was supposed to be alcohol-free after a suspension in 2009.[2] St. Moritz Security Services failed to shut the party down, despite sending investigators to the house on February 2, 2017, and maintaining knowledge that Beta was supposed to remain alcohol free.[11]

In this state of intoxication, he fell on the basement stairs of the house and was knocked unconscious. He was carried to a couch, where surveillance cameras captured a conspicuous bruise that bloomed on his left abdomen; however, this was shown to have originated from another one of the alcohol-fueled rush events for fraternities that Piazza had attended a week earlier. Jonah Neuman, Lars Kenyon, and Edward Gilmartin colluded in prohibiting witnesses from calling 9-1-1. Neuman threw someone against a wall, Gilmartin labeled witnesses crazy and insane, whilst Kenyon downplayed the concerns of witnesses in group chats.

Some time later, Piazza regained consciousness and rolled off the couch. Three brothers picked him up and placed him back on the couch. Security footage shows them poking Piazza in the face, to determine if he was okay, but he remained unconscious and unresponsive. Kordel Davis, a newly initiated fraternity chapter member, attempted to render aid to Piazza, encouraging fraternity members to dial 9-1-1 and get an ambulance to the house. He was shoved up against a wall and his attempts were ignored.

At around 3:30 am on February 3, 2017, Piazza tried to get up, but once he reached a standing position, fell backward. He continued to stand up only to repeatedly fall back down. Once he was finally able to maintain balance, he staggered toward the lobby area of the house, but fell again headfirst into an iron railing and landed on a stone floor, likely incurring serious head trauma. He got up and tried to reach the front door but fell headfirst into it, knocking himself unconscious again. He later tried once more to ascend the basement stairs and was missing until several of the fraternity brothers discovered him several hours later behind the bar in the basement, cold and breathing rapidly.

It was at this point that he was carried upstairs. After several minutes of debating on what the next step should be, the conclusion was made that Piazza's injuries were indeed serious and that he would require medical attention. Before emergency assistance arrived, the brothers wiped blood from his face and attempted to dress him in an effort to warm him. Around 6:00 AM, the Penn State football head athletic trainer walked over Piazza’s body to get to work. At 10:48 AM, emergency services arrived and Piazza was brought to Mount Nittany Medical Center, but was quickly transported to Penn State Milton S. Hershey Medical Center because of the severity of his injuries.

Upon arrival, Piazza was rushed into surgery, where he was discovered to have a ruptured spleen and class IV hemorrhagic shock. His brain had swollen to the point that roughly half of his skull had to be removed to relieve the pressure. The surgeons attempting to save his life deemed the injuries to likely be nonrecoverable, and Piazza was pronounced dead in the early morning of February 4, 2017. He is estimated to have had a blood alcohol content of nearly 0.40 on the night of the hazing incident.

Brendan Young claimed that after the hazing incident, Piazza "looked fucking dead".[10]

Criminal prosecutions

Bruce Castor investigated the initial case with District Attorney Stacy Parks Miller.

The Piazza case resulted in one of the largest hazing prosecutions in US history.[12] On May 5, 2017, following a comprehensive grand jury investigation conducted by Centre County District Attorney Stacy Parks Miller, eighteen members of the fraternity were charged in connection with Piazza's death: eight were charged with involuntary manslaughter and the rest with other offenses, including hazing.

In addition to the fraternity brothers, the Beta Theta Pi fraternity itself was also charged. Its Penn State fraternity branch was closed after its president ordered it banned from campus indefinitely. As of September 2017, the fraternity and its eighteen members faced a combined total of more than 850 criminal charges.[13]

In October 2018, Michael Angelo Schiavone pleaded guilty to conspiracy to commit furnishing alcohol to minors.[14] Investigators discovered texts in which Schiavone admitted to operating the fraternity's “Slush Fund.”[14] Schiavone states the “Slush Fund” was utilized to purchase alcohol for the fraternity's parties.[14]

Notable Philadelphia attorney Thomas R. Kline helped the Piazza family throughout the trial and media circus that ensued.

Alleged perpetrators

Prosecutors have filed the following charges in relation to this crime and its cover-up:[15]

  • Daniel Casey (age 19): 201 counts, including involuntary manslaughter; charges reduced to reckless endangerment, hazing, and furnishing alcohol to a minor
  • Brendan Young (age 21): 200 counts, including involuntary manslaughter; charges reduced to reckless endangerment, hazing, and furnishing alcohol to a minor
  • Jonah Neuman (age 19): 79 counts, including involuntary manslaughter; charges reduced to reckless endangerment, hazing, and furnishing alcohol to a minor
  • Lars Kenyon (age 19): 52 counts, including reckless endangerment; charges reduced to furnishing alcohol to a minor
  • Michelangelo Schiavone (age 21): 52 counts, including reckless endangerment; charges reduced to hazing and furnishing alcohol
  • Nick Kubera (age 19): more than 50 counts, including involuntary manslaughter; charges reduced to hazing and furnishing alcohol
  • Ryan Foster (age 21): one count of tampering with evidence
  • Edward Gilmartin (age 20): one count of tampering with evidence

Tampering with evidence and endangerment charges have also been dismissed against three other students, Joseph Ems (ghost brother and leader of dangerous hazing events in the fall of 2016),[16] Ryan McCann, and Lucas Rockwell.

Penn State formerly contracted Louis Freeh, former Director of the Federal Bureau of Investigation (FBI), in an attempt to alleviate responsibility in the Sandusky scandal. In the Piazza case, the FBI investigated Penn State students.

On November 14, 2017, ten more members were charged in connection with Piazza's death. The new charges were filed after the Centre County District Attorney announced that the Federal Bureau of Investigation had recovered video showing that Piazza had been given at least 18 drinks in an 82-minute span, and that the video had been intentionally deleted.[2] The additional defendants are:[17]

  • Joshua Kurczewski (age 19): eight counts; including involuntary manslaughter, hazing, and furnishing alcohol to a minor
  • Ryan Burke (age 21): eight counts; including involuntary manslaughter, hazing, and furnishing alcohol to a minor; pleaded guilty on June 13, 2018
  • Jonathan Kanzler (age 19): eight counts; including involuntary manslaughter, hazing, and furnishing alcohol to a minor
  • Aiden O'Brien: eight counts; including involuntary manslaughter, hazing, and furnishing alcohol to a minor
  • Brian Gelb: three counts; including hazing, furnishing alcohol to a minor, and unlawful acts relative to liquor
  • Patrick Jackson: three counts; including hazing, furnishing alcohol to a minor, and unlawful acts relative to liquor
  • Reggie Goeke: three counts; including hazing, furnishing alcohol to a minor, and unlawful acts relative to liquor
  • Mike Fernandez: three counts; including hazing, furnishing alcohol to a minor, and unlawful acts relative to liquor
  • Donald Prior: three counts; including hazing, furnishing alcohol to a minor, and unlawful acts relative to liquor

Ems (age 19) now has additional charges against him: hazing, furnishing alcohol to a minor, and unlawful acts relative to liquor stemming all the way back to forcing a pledge to drink mass amounts of alcohol in September 2016, sending him to a clinic with blood gushing out of his forehead. Braxton Becker (age 20), who had the charge of tampering with evidence dropped against him, was charged with it again (and later acquitted) after new footage suggested he deleted the footage that led to these new charges. Becker was also charged with (and acquitted of) obstructing administration of law and charged with (and convicted of) hindering apprehension.[17][18] On November 1, 2017, Lars Kenyon claimed "the judge got it right" and Kenyon has to "[figure] some stuff out".[19] As of November 14, 2017, at least 26 members face charges.[2]

Commonwealth of Pennsylvania v. Beta Theta Pi - Alpha Upsilon et al.

On August 11, 2017, on the fifth day of the preliminary hearing, it was announced by lead investigators that basement footage from the bid acceptance on February 2, 2017, had in fact been deleted by a defendant already charged in the case. Lead prosecutor Centre County District Attorney Stacy Parks Miller noted that additional charges would be filed as a result of this finding.[20]

On the same day, defense attorneys for a number of the defendants started to put blame on Tim Bream, the Penn State Nittany Lions football head athletic trainer and Beta Theta Pi live-in advisor. He was present during the night of Tim Piazza's bid acceptance, although he has never been charged in the case. After unsuccessful attempts by attorneys to have Bream subpoenaed, the judge in the case ordered that Bream have his own hearing on possible contempt of court and avoiding his subpoena.[21]

Following a collusion against Parks Miller, the case was passed on to Pennsylvania Attorney General Josh Shapiro.

On February 8, 2019, Parks Miller received a law license suspension of one year and one day for communicating improperly with judges and defense attorneys.[22] Parks Miller was defended by Bruce Castor throughout the trial.[23] Parks Miller was reinstated to practice law in September 2021. She is currently a practicing attorney in Centre County, Pennsylvania.

Media coverage

Initial coverage

The case attracted a significant amount of national media attention, and was regularly the main topic of many TV talk shows; including Good Morning America, The Today Show, CBS This Morning and on CNN.

The CNN special report Deadly Haze: Inside the Fraternity Crisis, moderated by journalist Alisyn Camerota, was nominated for the Emmy Award for Outstanding Arts, Culture, or Entertainment Report at the 40th News & Documentary Emmy Awards.

Thomas R. Kline, the lawyer for the Piazza family, was featured on talk shows extensively.

On May 16, 2017, Mehmet Oz appeared on The Today Show to discuss warning signs of dangerous binge drinking.[24] Mr. Oz (Dr. Oz) became the (unsuccessful) Republican candidate for the 2022 United States Senate election in Pennsylvania.[25]

On June 12, 2017, Nancy Grace discussed the case on her podcast.[26]

The case was the headline of a number of magazine articles. On November 15, 2017, Caitlin Flanagan published the article "Death at a Penn State Fraternity" in The Atlantic.[27] The Atlantic article pointed out the ties between Beta Theta Pi and Joe Paterno. Vanity Fair published the article "How a Fatal Frat Hazing Became Penn State's Latest Campus Crisis" on October 3, 2017.[28] Time magazine published the article "'Those Families Are Changed Forever.' A Deadly Year in Fraternity Hazing Comes to a Close"[29]

The New York Times extensively covered the case including articles "18 Penn State Students Charged in Fraternity Death",[30] "Prosecutors Taking Tougher Stance in Fraternity Hazing Deaths",[31] and "Penn State Student's Dying Hours Play Out in Courtroom Video".[32]

On February 2, 2018, Vice News published the documentary "Penn State is Still Keeping Secrets on Frat Row".[33]

Hulu miniseries

On October 10, 2022, it was reported that Robert Greenblatt is developing a Hulu miniseries entitled Death at Penn State, based on the Caitlin Flanagan article in The Atlantic about the events surrounding the Piazza case.[34]

Guilty plea

The trials played out at the Centre County Courthouse in Bellefonte, Pennsylvania and the Centre County Courthouse Annex.

One of the fraternity brothers charged in the death of Piazza pleaded guilty on June 13, 2018, to nine charges, making him the first in the case to enter a guilty plea. Ryan Burke, age 21, pleaded guilty to four counts of hazing and five counts relating to unlawful acts involving liquor in the deadly injuries Piazza sustained following a night of heavy drinking and hazing. Burke was accused of giving Piazza a bottle of vodka at the Beta Theta Pi party. Burke admitted his role in the hazing of Piazza, which included being present for and actively encouraging a gauntlet of drinking games and an obstacle course involving Piazza and other pledges.[35]

On July 31, 2018, Burke was sentenced to three months of house arrest for his role in the hazing death of Piazza. He pleaded guilty to nine misdemeanor charges, including four counts of hazing and five counts involving unlawful acts related to alcoholic beverages. In addition to the house arrest, Burke was sentenced to 27 months of probation and was ordered to pay fines, costs, and restitution.[36]

Timothy J. Piazza Anti-Hazing Law

On October 19, 2018, Pennsylvania Governor Tom Wolf signed the Timothy J. Piazza Antihazing Law into immediate effect.

The Grand Jury that recommended charges against the brothers also directed Centre County District Attorney Stacy Parks Miller to investigate Penn State University and their role and response to hazing. During many months of testimony from multiple witnesses, including former pledges and others with first-hand experience, the Grand Jury collected evidence about the University's response and handling of hazing across the board. The Grand Jury received testimony regarding the prior Penn State fraternity hazing related death of Joe Dado and a suicide linked to hazing pressures at the Altoona branch of Penn State. Witnesses aware of the ongoing hazing and extreme drinking over the years say they notified Penn State authorities but little was done, despite extensive records documenting the hazing, abuse, and other dangerous behavior. Pledges that testified confirmed that hazing had become routine behind the closed doors of the fraternity houses with Penn State turning a blind eye and adopting a hands-off approach.[37]

The testimony revealed that pledges were routinely forced to drink to the extreme and potentially deadly levels, brothers would inflict physical and mental abuse on pledges, including violence and sleep deprivation. More extreme behaviors, including sexual, physical, emotional abuse and the killing of small animals, were documented. The pledges were threatened if they told anyone of the activities, there would be consequences. As a result of this evidence, the Grand Jury released a scathing 236-page report regarding hazing and excessive alcohol consumption at Penn State fraternities.[38]

The report recommended sweeping changes to Pennsylvania's hazing law and Penn State's inadequate manner of handling hazing. The report called for the legislature to establish "Tim's Law", creating more severe punishments for hazing. It directed Penn State to strengthen their hazing policies. The report recommended a zero-tolerance policy against those who violate hazing law and the implementation and enforcement of severe restrictions for underage drinking. The report recommended strengthening laws against furnishing alcohol to minors and that Penn State create a "pledge's bill of rights" that outlines acceptable and unacceptable behavior during the pledge process. Finally, the report recommended that Penn State establish a confidential hazing hotline.[37]

In response to the report's recommendations, released by District Attorney Stacy Parks Miller on December 15, 2017, on March 27, 2018, "The Timothy J. Piazza Anti-Hazing Law" was unanimously approved by the Pennsylvania State Senate Judiciary Committee. Pennsylvania Senate Majority Leader Jake Corman (Republican, Benner Township) and Piazza's parents, Jim and Evelyn Piazza, introduced the bill on March 23, 2018, at the courthouse in Bellefonte.

The bill would create tiers for hazing. Hazing resulting in serious bodily injury or death would be a third-degree felony, which could include fines of up to $15,000 and imprisonment up to seven years. Hazing resulting in bodily injury would be a third-degree misdemeanor, which could include fines of up to $2,500 and imprisonment up to one year. Other hazing would be a summary offense. The bill would also establish "organizational" and "institutional" hazing categories.

"The bill has been carefully crafted because we want this to be a model for changing anti-hazing laws nationwide," Corman said. "My intent with this legislation is clear to prevent death or serious injury due to hazing so that families, such as Tim's, never experience tragedies like this ever again."

The anti-hazing legislation was subsequently submitted for consideration in the full state Senate.[39]

On April 18, 2018, the Pennsylvania State Senate unanimously passed the bill, which would make hazing in fraternities a third-degree felony in cases of serious injury or death, and could allow universities to seize offending Greek organizations' houses.

The law is sponsored by Republican Senate Majority Leader and 34th Senatorial District Rep. Jake Corman, who worked with Tim Piazza's family to create the bill. It defines hazing as coercing an individual to participate in any illegal activity in order to join a social group, including the use of drugs and alcohol to inflict physical or emotional harm or the use of other forces such as "whipping, beating ... or extreme embarrassment".

Lawmakers named the anti-hazing legislation after Tim Piazza.[40]

Timothy J. Piazza's Law

On August 24, 2021, New Jersey Governor Phil Murphy signed into law S84/2093, requiring public and non-public middle schools and high schools, as well as higher education institutions, to adopt anti-hazing policies and penalties for violations of the policies. S84/2093 is nicknamed the “Timothy J. Piazza Law” after Timothy Piazza.[41]

Advocates of the law include:

With Timothy J. Piazza's Law in effect, hazing in New Jersey is upgraded from a fourth-degree crime to a third-degree crime when it results in death or serious bodily injury; and hazing in New Jersey is upgraded from a disorderly persons offense to a fourth-degree crime if it results in bodily injury.[41]

Educational response

Rutgers Law School led a legal analysis into the Pennsylvania laws created and amended as a result of Piazza's death.

Legal scholars continually point to the Piazza case as a grounds for change in Hazing Prevention legislation. The Journal of College and University Law, published in conjunction with Rutgers Law School, analyzed the Pennsylvania laws created out of the Piazza case and determined that not enough legal changes have yet been made.[42]

A number of sociologists and psychologists pointed towards the prevalence of groupthink in the Piazza case. This scenario has been analyzed in a number of intellectual books, including Discover Sociology: Core Concepts[43] and Harvard University Press's Why We Act: Turning Bystanders Into Moral Rebels.[44]

The Chronicle of Higher Education pointed out that four pledges died in 2017 alone, but the added media coverage the Piazza case has attracted can help lead to monumental change for the first time.[45]

In 2020, the Villanova University School of Law analyzed a Penn State Football Hazing lawsuit in which a victim sued Head Coach James Franklin. The scholars, of the Moorad Sports Law Journal, point to the “Timothy J. Piazza” law as precedent and indicate that 95% of college students don't report hazing. The scholars believe that the student who sued Coach Franklin should be taken seriously given the new Pennsylvania Anti-Hazing laws created out of the Piazza case.[46]

Aftermath

Controversy surrounded Beta Theta Pi's connection to Penn State's Athletic Department.

On September 1, 2017, defendant Joseph G. Ems appeared on ABC News with his lawyer.[47] He has since been sued by the Piazza family.[48]

Jim and Evelyn Piazza have gone on to speak to thousands of college students all throughout the United States in an effort to end hazing on campuses.[49]

Kordel Davis led a Hazing Prevention tour in the fall of 2019 entitled "One Night a Pledge".[50]

Penn State settled with the Piazza family to avoid further civil litigation.[51]

Tim Bream, the Penn State Nittany Lions football Head Athletic Trainer, attempted to sue Penn State for wrongful termination but the judge ruled against him, citing prescription drugs being stolen right out of his work desk.[52] In March 2021, Bream sued Penn State a second time, claiming the university violated his contract and created "intolerable" working conditions as a result of his role in the Beta Theta Pi house.[53]

On March 30, 2021, settlements were reached with 25 defendants and third party defendants in civil suits.[54]

Penn State President Eric J. Barron attempted to transform Penn State's Greek life system following Piazza's death; he announced his retirement in June 2022.[55] In March 2023, an internal memo was leaked by the press indicating Penn State holds desires to go back to the Greek life culture pre-Death of Tim Piazza.[56]

In December 2021, Centre County Judge Brian Marshall ruled that Penn State can take ownership of the Beta Theta Pi house.[57]

See also

References

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  3. "Most serious charges in the Penn State hazing case were dismissed". NBC News. Retrieved February 24, 2023.
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  5. Gajilan, A. Chris (December 8, 2018). "A 19-year-old's death became a 'turning point' for America's fraternities". CNN. Retrieved April 30, 2022.
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  29. "'Those Families Are Changed Forever.' These Are the Students Who Died in Fraternity Hazing in 2017". Time. Retrieved January 9, 2022.
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  38. "Archived copy". Archived from the original on April 21, 2021. Retrieved December 8, 2020.{{cite web}}: CS1 maint: archived copy as title (link)
  39. Tim Piazza anti-hazing law unanimously approved by Pa. Senate committee
  40. Pennsylvania Senate passes anti-hazing law
  41. "Office of the Governor | Governor Murphy Signs "Timothy J. Piazza's Law"". www.nj.gov. Retrieved September 21, 2022.
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  43. Eglitis, Daina S.; Chambliss, William J. (November 8, 2019). Discover Sociology: Core Concepts. SAGE Publications. ISBN 978-1-5443-7233-4.
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  48. "Piazza et al v. Young et al". www.law360.com. Retrieved February 23, 2021.
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  50. Hamilton, Skylar (October 11, 2019). "Kordel Davis speaks out about hazing at UNH". The New Hampshire. Retrieved February 23, 2021.
  51. Del Valle, Lauren (February 2, 2019). "Parents of Timothy Piazza settle with Penn State, sue fraternity members". CNN. Retrieved February 23, 2021.
  52. "Court dismisses lawsuit filed by ex-PSU football trainer, Beta Theta Pi adviser". WJAC. May 7, 2020. Retrieved February 23, 2021.
  53. Pallotto, Brett. "Gettysburg High grad, and former PSU football trainer, files lawsuit against Penn State". York Dispatch. Retrieved April 1, 2021.
  54. "Settlements reached with 25 of 42 defendants in suit over 2017 Piazza hazing death at Penn State". pennlive. March 30, 2021. Retrieved April 1, 2021.
  55. "It's Not Just Amy Gutmann. Philly-Area College Presidents Are Leaving in Droves". Philadelphia. July 1, 2021. Retrieved July 2, 2021.
  56. "Penn State plans to drop fraternity, sorority oversight". Spotlight PA. March 2, 2023. Retrieved March 7, 2023.
  57. "Judge: Penn State Can Buy Fraternity House Where Tim Piazza Was Fatally Hurt". December 24, 2021. Retrieved December 31, 2021.

Further reading

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