Penn State

Kappa Delta Rho whistleblower’s case ‘sharply narrowed’

James Vivenzio’s suit against Penn State has been dismissed. His claims of negligence against Kappa Delta Rho move forward while fraud allegations will be reworked.
James Vivenzio’s suit against Penn State has been dismissed. His claims of negligence against Kappa Delta Rho move forward while fraud allegations will be reworked. Centre Daily Times, file

James Vivenzio’s case cannot proceed against Penn State.

Vivenzio is the student who stepped forward in 2015 and told State College police about a secret Facebook page for his fraternity, Kappa Delta Rho, that cataloged a litany of questionable behavior, including pictures of hazing, drugs, nude women and potentially “unsuspecting victims.”

In June 2015, he filed a lawsuit against the university and the fraternity, alleging more issues, including hazing as a pledge that included significant bodily injuries and mental abuse like “late-night line-ups that featured force-feeding bucketfuls of liquor mixed with urine, vomit, hot sauce,” gladiator-style games and gang-like operations funded by confiscating pledges’ food plans and prescription medication.

The Virginia native filed his case in Philadelphia. It was later removed to Dauphin County. A judge there dismissed Vivenzio’s Penn State claims regarding the hazing allegations last week and asked him to rework the fraud allegations against the fraternity, according to The Legal Intelligencer. His negligence claims against KDR will proceed.

“We are pleased with the court’s decision,” said Penn State spokeswoman Lisa Powers.

KDR was suspended in 2015 for three years.

Lori Falce: 814-235-3910, @LoriFalce

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