AROUND HIGHER EDUCATION: Grand jury indicts M.I.T. frat

The (M.I.T.) Tech CAMBRIDGE, Mass. (U-WIRE) -- The Massachusetts Institute of Technology chapter of Phi Gamma Delta has been indicted by a Suffolk County grand jury on one count of involuntary manslaughter and one count of hazing following the death of freshman Scott Krueger last fall. In announcing the indictments, Suffolk County District Attorney Ralph Martin II said they "are based upon specific actions that occurred on the night of September 27, and that those actions were related to traditional pledge event sponsored and sanctioned" by FIJI. The fraternity as a whole "acted in a reckless and wanton way," which fits the criminal definition of manslaughter, Martin said. M.I.T., the Malcolm Cotton Brown Corporation -- which owns the FIJI house -- and specific individuals were not indicted yesterday. The fraternity as a collective body was indicted because "a certain set of events was set into play by the fraternity that led to [Krueger's] ingestion of alcohol," Martin said. Those "living at the house at the time of the death" make up the Phi Gamma Delta group indicted, said James Borghesani, press secretary for Martin. The grand jury investigation, which lasted for over 11 months, initially focused on the individuals nearest to the incident Martin said. The investigation later moved to the organizations involved in the event, such as the FIJI fraternity. While charges were considered against M.I.T., Martin and his staff decided not to prosecute the Institute. Krueger died on September 29 last year after spending three days in a coma from acute alcohol ingestion. Prosecutors allege he was served and ingested alcohol as part of a pledge event at the fraternity. The district attorney and the grand jury decided not to press charges against individuals at the fraternity. While the grand jury did discover who among the fraternity purchased the alcohol, "merely going to the store on an errand is not reckless and wanton conduct," Martin said, and thus it did not fit the requirements for manslaughter. "My office determined that the indictments should be aimed at the fraternity that promoted and orchestrated the activities that ultimately led to Scott Krueger's death," Martin said. Although the individuals at the fraternity were not charged with felonies, they may still face prosecution from Boston Police for misdemeanor charges related to alcohol possession and consumption, Martin said. Those issues alone are not handled as part of a grand jury process. Krueger's parents and their attorney, Leo Boyle, signaled yesterday that they will likely sue individual members who were connected to the event. The group will be arraigned in Suffolk Superior Court on October 1. Martin said that he expected an attorney representing the group to appear on that day, but added that he was unsure who exactly would represent the group. Under Massachusetts law, manslaughter can be punished by incarceration for up to 20 years, or by a fine of up to $1,000 and imprisonment for up to 2 1/2 years. Hazing can be punished by a fine of up to $3,000 and imprisonment for up to one year. With organizations, however, financial penalties are generally the only ones exerted, Perlin said. Prosecutors confirmed that no one would serve jail time if convictions are obtained from the indictments, The Associated Press reported. FIJI is most likely the first fraternity to be charged with manslaughter in the country, Martin said, and it is also the first to be charged with hazing in recent memory.