COLUMBUS, Ohio — A judge ruled against an Ohio family seeking damages from Ohio University for their son's death.
Collin Wiant, a freshman from Dublin, died in November 2018 due to hazing at a fraternity, Sigma Pi. A coroner ruled Wiant died from asphyxiation due to nitrous oxide ingestion.
The case was supposed to go to trial on Monday, but because of the judge's ruling, that will no longer happen.
In a 40-page explanation, the judge said Ohio University had an anti-hazing policy established before Wiant's death and it does not have control over a student's off-campus activities. Therefore, the university could not be held liable for his death.
Wiant's family argued their son's death could have been addressed if the university had addressed the fraternity's history of hazing.
In the ruling, the plaintiffs argued that Sigma Pi's hazing in the fall of 2018 was "foreseeable" but the judge wrote that the court didn't find sufficient evidence to support that claim.
Rex Elliott, the attorney representing Wiant's family, called the judge's ruling shocking and that he was stunned by the decision.
"The only party not taking responsibility for Collin's death is Ohio University. If universities don't take more steps to stop hazing they have no responsibility to act in the future," Elliott said, adding he will appeal the ruling in the 10th District Court of Appeals.
"Every other case we've had in the hazing world, universities have stepped up and taken responsibility,” Elliott said.
Elliot said he’s covered more than a dozen hazing cases over the last ten years. In Wiant’s case, Elliott said he’s shocked Ohio University refuses to take responsibility for what happened.
"In this case, the active members that participated in this hazing accepted responsibility, so did the Sigma Pi national fraternity. The only party that didn't accept responsibility was Ohio University,” Elliott said.
Seven students from Sigma Pi Fraternity pleaded guilty in the criminal case. The Wiant family was hoping the civil case would go the same way.
"This family has lost their child, its a tragic and terrible situation for them. And the last couple weeks the last thing any family wants to do is go through a trial, but they had mentally got themselves ready for a trial,” Elliott said.
Ohio University’s defense claimed the school actively enforced a hazing policy at the time of Collin’s death, and the plaintiffs are unable to prove the university knew or should have known that Sigma Pi was hazing Collin.
"Its a joke. For five years they had complaints indicating there was hazing going on in this particular chapter,” Elliott said.
Elliott said not enough was done to look into those claims. His bottom line is the university does not do enough to protect these vulnerable students.
"OU simply had a hazing policy, told people to follow it, and then they looked the other way. That's exactly what happened,” Elliott said.
Ohio University released a statement to 10TV following the court's ruling, saying, "We are pleased that the judge has granted the University’s motion for summary judgment, finding that Ohio University had no liability in the tragic death of Collin Wiant. Ohio University has always and will continue to educate our students and ensure their success throughout their time at OHIO."
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