by Chester Tadeja
Editorial Director
Aaron Kiel, a ULV sophomore, filed a lawsuit on October 11, 1994 against the University of La Verne, Sigma Alpha Epsilon Fraternity, James Coiner of Coiner Nursery in La Verne and six other defendants in the Sigma Alpha Epsilon fraternity for assault, negligence and property, compensatory, general and punitive damages.
ULV was served with a copy of the lawsuit sometime last week.
The suit filed in Pomona Superior Court East District states that on or about Nov. 1, 1993, Kiel was kidnapped, bound, assaulted and battered as a result of a kidnapping by members of the Sigma Alpha Epsilon fraternity.
Other defendants named in the lawsuit include Associated Student Federation President Christopher Braunstein, and ULV students Jose Barba, Raymond Garza, Eric Gleason, Brian Myrdal and Craig Powell.
The lawsuit states that the University knowingly failed to produce a secure and safe place for Kiel, who was then a Delta Sigma Phi pledge. According to the suit, Kiel suffered emotional distress and sustained injury to his physical and mental health as a result of the negligent condition set by the University.
At the time of the incident, Kiel was in his dorm room at B-bottom of the Oaks Residential Hall when the individual defendants kidnapped, bound, gagged, blindfolded, battered, assaulted and transported him against his will to Coiner Nursery on 3000 “B” Street. Upon arrival, Kiel was injured, threatened with physical violence, restrained and had beer poured over him according to the lawsuit.
“We will do everything we can to defend ourselves,” said President Stephen Morgan. “But frankly, I wasn’t surprised.
“The safety and security of the school was a primary objective to our students at the time of the incident,” said Dr. Morgan.
“We had some idea that a lawsuit was coming,” said Dr. Len Hightower dean of student affairs. “But I’m not really surprised either.
“We were aware of the incident that happened last fall ‘93. We have reviewed the case thoroughly. It is our impression to deal with this in best possible way,” said Dr. Hightower.
Since the incident, a deferred freshman rush program has been initiated as a result of the incident.
“I don’t know if all the defendants have been served yet,” said Kiel’s attorney Jill Cochrane from the Law Offices of Jill Cochrane in Upland, Calif. “The defendants are still being served this week and will be getting more new developments as time comes.”
No amount was listed by Kiel in the lawsuit.
“We really don’t know what they’re asking for,” said Dr. Morgan. “My assumption is that this suit will be forwarded to the school’s insurance company and they will be the ones to get involved.”
Kiel, contacted twice by the Campus Times, refused to comment on the lawsuit on instructions from his attorney.
“I have instructed my client to not speak to the press,” said Cochrane.
“ULV was not negligent at the time of the incident,” said Dr. Hightower. “We had in place specific security factors, such as automatic door locks, proper lighting, 24 hour security and residential directors and assistants at the time of the incident. We were not negligent and did not put Aaron in a dangerous situation.”
Neither Coiner nor ULV attorney Michael Smith, from the law offices of Nichols, Stead, Boileau & Kostoff, could be reached for comment about the lawsuit upon numerous attempts from Campus Times.
“He was a student in my class at the time he was kidnapped. He was very talented, a good leader,” said Bob Rivera, assistant professor of speech and adviser for the Sigma Alpha Epsilon fraternity. “Kiel was by far the most outstanding individual in my class.
“I’m very sorry for what has happened. But I think everyone overreacted to this. Kiel has flourished since the time of the incident. I think it is in poor taste and an unfriendly act that he has done. I mean, he came to my class the next day after the incident and he was in his normal smiling and joking self.”
Kiel, who is no longer actively involved with the Delta Sigma Phi fraternity, had no comment about his actions the day following the incident.
“I don’t have an attorney yet,” said Braunstein. “I’m still looking for one. [Sigma Alpha Epsilon] National headquarters is saying not to say anything right now.”
Since the suit was filed in a Superior Court, damages are estimated to be above $25,000.
“But the law does not allow you to put an amount for punitive damages,” said Steve Borer, lawyer for Ness & Robinson Law Offices, San Diego, Calif. “You can’t allege that your damages are a million dollars. A judge or a jury does that.”
According to Borer, the lawsuit is still in its preliminary stages.
“The next step is to get everyone involved served with the papers,” said Borer. “After everyone is served, the suit will probably be sent into arbitration between the parties involved.”
“There’s nothing really to say until we proceed,” said Hightower. “This case will probably be dealt with [by] the insurance companies and the attorneys.”
According to Dr. Hightower, some of the consequences the school may face include financial damages.
“There will be financial remuneration, and that’s assuming we lose this case. But if we settle out of court, the settlements will not be made available to the public.
“We have here a civil case. Typically, these cases don’t go to court, and any kind of settlement doesn’t mean that you’re guilty.”
Dr. Hightower, with the help of the Greek Review Board, has analyzed current policies and safety practices and reassures that current policies are safe and effective.
“This incident has had some impact on our safety thinking,” said Dr. Hightower.
