On January 6, then-County Attorney George Daines sent a memorandum to Utah State University social clubs, organizations, fraternities and sororities. In the letter, Daines addressed speculation by campus groups of increased police presence and law enforcement following the death of fraternity pledge Michael Starks.

The memorandum stated:

“I understand that there are rumors swirling about that the local police are stepping up their efforts to enforce alcohol and substance laws. These rumors are that there is surveillance and infiltration of other campus organizations and social clubs and that informants are being used to attend, monitor and make reports about on and off campus parties, social gatherings, etc. You may have heard that some individuals having substance abuse issues are being given the opportunity to obtain leniency in return for their ongoing participation. Further, that those individuals may even be carrying cameras and/or are wired.

“Let me confirm your suspicions in this regard. All of the things you think might be happening are indeed happening, will continue to happen, and there may even be a few efforts you haven’t thought of. The ‘sum of all your fears and then some’ is the new reality. Be assured that the local police are creative and have many friends.”

USU faces a lawsuit

In August 2008, Michael Starks began his first semester at USU. And before the semester had come to a close, Michael Starks was dead.

Starks was participating in a Sigma Nu initiation on the evening of Nov. 20, 2008. He was taken to a location off campus in a mock kidnapping by members of the Chi Omega sorority, Capt. Jeff Curtis of the Logan City Police Department said. During the space of the evening Starks was bound, painted Aggie blue, and offered alcohol, of which he voluntarily consumed excessive amounts. He was then taken to the Sigma Nu house on 800 East by members of the fraternity, where he began to exhibit signs of ill health.

Those with him became concerned and contacted poison control, Curtis said, and routinely checked on him as the night progressed. Later on, Starks was found unresponsive by members of the fraternity and was transported to the hospital where he was pronounced dead. He was 18 years old.

“They at least took some steps in the right direction,” Curtis said.

What followed was a series of social and legal actions involving the Starks family. A Web site, www.michaelstarks.org, was launched to promote awareness of hazing, and lawsuits were filed against the local chapters of Sigma Nu and Chi Omega and, more recently, USU and the state of Utah.

A letter from Starks’ father, posted on the Web site, relates the family’s feelings upon the loss of their son.

“Michael, again blue – Utah State University blue – left us behind as local Sigma Nu chapter members initiated (pledged) him into a local fraternity with blue poster paint and an illicitly-gained bottle of vodka,” the letter states. “When it came time to save Michael’s life, everyone deferred; the threat of legal consequences of underage drinking was far too intimidating.”

Legal consequences certainly occurred. Both Sigma Nu and Chi Omega have now closed their local chapters, members from both organizations have recently settled lawsuits and USU now faces litigation from a suit filed Aug. 11, by the Starks family in Logan’s 1st District Court.

“We are not saying that Starks or Sigma Nu had no responsibility. Sigma Nu and Chi Omega have already settled,” Charles Thronson, legal representative of the Starks family, said. “We acknowledge (Starks) had some responsibility, but the only party that vehemently denies responsibility is the university.”

University spokesman John DeVilbiss said with USU being a state institution, the financial backlash in the event of damages being awarded to the Starks family would reflect less on the university budget as it would the state.

“The burden would be on the shoulder of the taxpayer,” DeVilbiss said.

The lawsuit seeks unspecified damages and claims USU was negligent in its supervision and promotion of the Greek organizations. The lawsuit states the university established and exercised disciplinary and supervisory authority over the organizations and the enrolled students who were members. It also suggests that Sigma Nu had long promoted a culture of alcohol and drug abuse under the full knowledge of USU and that the university had a responsibility to warn incoming students and their parents of possible dangers that exist in the Greek community.

“Neither Michael nor his parents knew that the Sigma Nu chapter at USU had a long history of permitting and/or encouraging activities that required a police response to the fraternity house,” the lawsuit states. “The false image that Sigma Nu projected, and the reality of the actual character of this organization was either well known to defendant USU or in the exercise of reasonable care should have been known.”

Curtis said his department responds to calls almost weekly in the area of Greek Row, and commented specifically on what was the Sigma Nu house.

“They’ve had a history of calls over the years,” Curtis said.

“If (USU) knew about these activities and didn’t take any steps, in our view they’re negligent,” Thronson said. “If they didn’t know, they’re negligent for not knowing. They have basically put their head in the sand.”

USU has yet to file its response to the lawsuit, Thronson said. They requested and were granted extra time and are expected to file in the coming weeks.

A dry campus

USU has been a dry campus for about 14 years, said Tiffany Evans, director of student involvement and leadership.

USU Student Code V-3 prohibits students from “possessing, consuming, selling, distributing, manufacturing and/or storing any alcoholic beverage” either on campus or at university functions or events, including athletic events. The code also prohibits the use of university funds to contribute to the purchasing or consumption of alcohol.

University spokesman John DeVilbiss said, “USU is a dry campus. Therefore, we do not allow the consumption of alcohol on campus property and we certainly do not allow students who are intoxicated to be on campus.”

USU Police Capt. Steve Milne said code violators are generally issued a citation and are required to appear in court. In the case of extenuating circumstances, such as if the individual is from out of town or if the alcohol offenses are compounded by other criminal events, the individuals may be booked to jail.

Milne said most campus arrests for alcohol are done in university housing. Being found in violation of the university’s code is classified as a class B misdemeanor, he said.

According to USU Police’s annual reports, in the past three years, arrests related to alcohol made up 37 percent of USU Police’s total arrests. This comes in second to thefts, which accounts for 38 percent. Alcohol-related arrests consists of a minor in possession of alcohol, driving under the influence, intoxication, open container and unlawful consumption.

The report also states there were 45 and 68 reported offenses in 2007 and 2008, respectively. Most alcohol incidents in 2008 occurred from midnight to 2 a.m. and from 6 to 8 p.m.

The untold story of Nicholas Mason

Michael Starks was not the only USU student who died of alcohol poisoning last year, though the story of Nicholas Mason was hardly told.

On April 30, 29-year-old Mason finished his last final exam, went home and started to drink, said Logan Police Capt. Jeff Curtis. Police received a call near 1 a.m. May 1 and responded to Mason’s off-campus townhouse, where his roommate was giving him CPR. At this point, Curtis said officers took over until emergency personnel arrived and took him to the hospital where he was pronounced dead.

University Spokesman John DeVilbiss said Mason’s death was most likely overshadowed by Michael Starks because of Starks’ involvement with a fraternity. Mason’s death was only related to USU because he was a student.

Curtis said he hopes the stories of Mason and Starks will help discourage binge drinking among USU students. However, he said incoming freshmen often aren’t aware of these stories, and many current students aren’t really familiar with them either despite national publicity.

“How many of them listen to (national publicity)? How many of them walk away thinking they’re smart enough not to do it? I don’t know,” Curtis said.

DeVilbiss said nationally about 1,400 college students die each year from alcohol-related causes. USU has the lowest incident rate when compared to 12 peer institutions, he said, and the number of drinking-related deaths at USU last year was extremely unusual.

“It was no longer a statistic for us. It became a harsh reality and a terrible burden we have to bear,” DeVilbiss said.

Every year, USU takes measures to prevent alcohol abuse such as orientations, workshops and letters to students’ parents, DeVilbiss said.

“We have very strict codes in place that forbid the consumption of alcohol, forbids hazing. We have codes that we have a history of taking very seriously and will continue to take seriously,” he said. “The university will enforce these quickly and appropriately.”

Logan’s liquor laws and licensing

Bikers beware. A peddle bicycle is classified as a vehicle, and a rider can therefore be pulled over and arrested for driving under the influence, said Logan Police Chief Jeff Curtis.

“I’ve seen a lot of people on bikes who crash and injure themselves,” Curtis said. “It’s not a wise combination.”

Any person who could cause injury to themselves or others can be arrested for intoxication, whether in a vehicle or on foot. Curtis said police must be able to prove this danger before making the arrest.

With the boom of new restaurants this year, Logan residents have a lot more options for obtaining liquor.

James Olson, business license clerk for Logan, said Logan municipal code follows Utah’s state codes as it applies to liquor. He said the city can, and does, add more restrictions on the state code. He said the three areas this affects are taverns, single event and temporary beer permits and on premises beer retailers.

Municipal code allows for only one tavern per 20,000 Logan residents, Olson said, and Logan’s current population allows for two tavern permits. Logan already had three taverns by the time the code was created, which Olson said will make it nearly impossible for any new taverns to get a new license approved.

The code doesn’t affect licenses for restaurants that sell liquor. Olson said restaurants must fall within the state’s quota, but he was told unofficially that the quota will likely increase as the state gets closer to reaching maximum licenses.

Students who go to Club New York may have noticed the recent use of alcohol during certain events.

Olson said the liquor license quota was already filled and Club New York couldn’t get a license. He said about six months ago, however, the club’s owner circumvented the issue by applying for temporary and single-event beer permits. Those who want this type of permit must petition the state government and pay a small fee. If the permit is approved, the permit-holder will be allowed to use alcohol as defined for an event or a few days, whichever they applied for. While this allows the club to have alcohol occasionally, the process can be repetitive and difficult because the owner has to reapply to the city and get a new permit for every event.

Logan created additional restrictions for on premises beer retailers. Municipal code also limits the number of these licenses to one for every 20,000 residents. These two licenses are already filled.

Olson said as Logan grows, the number of places alcohol can be purchased inherently increases as well.

Logan councilmember Dean Quayle said the council voted to lift the ban that prohibited liquor sales on Sunday in mid-June. Quayle said the change was made because surrounding towns had already lifted the ban. Logan residents could then drive to these neighboring towns on Sunday to get alcohol so the ban was no longer effective.

Information was also contributed by Brendon Butler, staff writer.

–b.c.wood@aggiemail.usu.edu, rac.ch@aggiemail.usu.edu