Legal implications are growing for Ole Miss students accused of fraternity hazing

The legal implications for members of an Ole Miss fraternity accused of hazing are growing, with one member of Pi Kappa Alpha facing an aggravated assault charge, seven charged with felony cyberstalking and nine others named in a civil lawsuit.

It is still unclear whether charges are being pursued in connection with an alleged incident of hazing in the fall, which resulted in the suspension of the "PIKE" Gamma Iota chapter from campus until 2025.

An Oxford police spokesman referred comment on whether more charges will be filed to the University Police Department and university officials.

Ole Miss is cooperating with investigators, but can't comment on an active criminal investigation, said university spokeswoman Lisa Stone.

"As is evidenced by the suspension of all operations of the Gamma Iota chapter of Pi Kappa Alpha of the University of Mississippi effective until May 1, 2025, hazing and related behavior, including cyberstalking, that put student health and safety at risk are contrary to the University of Mississippi Creed and will not be tolerated,” Stone said Monday.

What we know: Pi Kappa Alpha fraternity suspended from Ole Miss for hazing incidents

Photos and video posted on social media and obtained by The Clarion Ledger show students wearing red neckties as blindfolds and lined up against what appears to be a hallway wall during the fall semester. The fraternity chapter already was on probation for an alleged hazing incident in fall 2020 during which bleach was sprayed into a member's mouth.

James Bowes Higgins, 21, of Lithia, Florida was charged with aggravated assault, a felony punishable by up to 20 years imprisonment, in the 2020 alleged hazing and is awaiting trial. Higgins' lawyer, Swayze Alford, did not respond to requests for comment.

Hazing is unacceptable conduct each member agrees not to engage in in any form as a condition of membership, according to The Pi Kappa Alpha International Fraternity's website.

Hazing is also illegal in Mississippi. State law defines first-degree hazing, a misdemeanor punishable by a fine of up to $2,000 and six months in the county jail, or both, as "intentionally or recklessly" engaging in contact that creates a substantial risk of physical injury and causes injury.

Second-degree hazing occurs when a person engages in conduct that creates risk but doesn't result in injury and comes with a fine of up to $1,000 dollars.

Cyberstalking

On Nov. 3, seven fraternity members were arrested and charged with cyberstalking. If convicted, they could serve up to two years of jail time, pay a fine of $5,000, or both.

Christian Parten, 20; Cole Goretski, 19; Miles Baker, 19; Nathan "Baylor" Reynolds, 22; Peyton Newcomb, 20; Walker Holden, 19; and Wyatt Johnson, 20, are accused of sending harassing messages to a former fraternity member and Ole Miss student who reported hazing by the fraternity in the fall, according to Oxford police.

This same former member left the fraternity and withdrew from school after bleach was sprayed into his mouth and eyes during an initiation ceremony at the fraternity house in fall of 2020. The 20-year-old no longer attends Ole Miss and continues to suffer from physical and mental health issues, said Robyn Yerger, the student's mother.

Pi Kappa Alpha hazing: Seven Ole Miss students arrested on cyberstalking charges

Under Mississippi law, the definition of cyberstalking is the use of electronic mail or communication "for the purpose of threatening, terrifying or harassing any person."

Yerger said the fraternity members sent her son messages containing violence, racism and antisemitic content after he reported the most recent alleged hazing to authorities.

An arraignment date for the seven students is set for Feb. 28. They have not been indicted. A Lafayette County grand jury will likely hear the cases when they meet in early February and determine whether any crimes were committed.

If accused of cyberstalking the penalty is no more than two years of imprisonment or a fine not to exceed $5,000, or both.

The Pi Kappa Alpha International Fraternity did not respond to requests for comment about the students' arrests, including whether they are still members of the fraternity and whether the arrests impact the status of the Gamma Iota chapter's suspension from Ole Miss.

Civil lawsuit details

In response to the hazing injuries he suffered in 2020, the 20-year-old on Oct. 7 filed a civil lawsuit in Lafayette County Circuit Court against The Pi Kappa Alpha International Fraternity, Gamma Iota chapter of Ole Miss and chapter officers and members.

The lawsuit seeks $10 million in damages on numerous counts, including negligence, intentional infliction of emotional distress, civil conspiracy and premises liability and names James Bowes Higgins; chapter officers John Anderer, Baylor Rainbow, Chandler Higgins, Edward “Forrest” Carman, Barton Brigham, Clayton Turnbo and Benjamin Fitzgerald; and fraternity members Hunter Thornhill and Joshua Colson.

“Defendants’ hazing and/or endorsement of such conduct irretrievably altered the course of (the plaintiff's) life, at the onset of his college career and bright future," the lawsuit states.

The 20-year-old student wished to become an Ole Miss Rebel and a lifelong member of Pi Kappa Alpha even before enrolling at the university in the fall of 2020, according to the lawsuit.

On Oct. 11, 2020, the student and other pledges were told to dress up and go to the chapter house for a "Pledge Pinning Night" — the formal beginning of initiation week referred to as "Hell Week," according to the lawsuit.

During physical hazing, active fraternity members pour bowls of water and have pledges drink from them, the lawsuit says. That night, when pledges said they were thirsty, an unexpected liquid was sprayed into their mouths or on their face: bleach.

The injuries were severe. The 20-year-old was diagnosed with Grade 4 severe erosive esophagitis with burns on the entire 10 inches of his esophagus, according to court records.

Chuck Edwards, a lawyer for the 20-year-old, said Wednesday some of the defendants are still being served with the complaint in the civil case and will have an opportunity to respond. Some defendants for the lawsuit are expected to be removed because they did not play a role in the injuries the student sustained, Edwards said. He did not say which defendants.

Walter Alan Davis, who represents Barton Brigham, declined to comment.

Jay Carmean, an Oxford-based attorney representing four of the students, declined to comment on the case to The Associated Press on Wednesday. Court records did not name an attorney for the other three students.

Lawrence Tucker Jr. and J. Rhea Tannehill Jr., attorneys for other defendants in the case, were not immediately available for comment.

The Pi Kappa Alpha International Fraternity filed a response to the lawsuit Nov. 29 and denied responsibility for the hazing, saying it doesn't have a legal duty to exercise control over the affairs and activities of its chapters or members.

The international fraternity also said it actively enforces its policies against hazing.

“Any alleged harm to Plaintiff was the result of Plaintiff’s own action or inaction in failing to exercise reasonable care for his own safety under the circumstances," the international fraternity wrote in its response to the lawsuit.

The Associated Press contributed reporting

Reporter Mina Corpuz can be reached by email at mcorpuz@gannett.com. You can follow her on Twitter @mlcorpuz.

This article originally appeared on Mississippi Clarion Ledger: Ole Miss students named in legal cases related to fraternity hazing