SPORTS UNIVERSITY DAILY KANSAN
Wednesday, March 9, 1994
13
University Audio 2319 Louisiana 841-3775
Hazing is alleged culprit in accident
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The Associated Press
AUSTIN, Texas — Freshman Dusty Dunfield went to the University of Texas on a track scholarship hoping to become a star runner. Now he's happy just to be able to walk.
As part of an alleged track team initiation rite, Dunfield dove into a shallow campus fountain in August. He broke his neck, and doctors feared that he would be paralyzed forever.
Whitehurst is trying to obtain a settlement from the state, school, four track team members and at least two fraternites for unspecified damages on behalf of Dunfield. No lawsuit has been filed.
Dunfield, 19, is home in Brenham. He has regained use of his hands and feet, but he'll never run again.
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Whitehurst blames the four track team members for proposing that Dunfield jump into the fountain. He also accuses them of taking the teenager to a party, where the fraternities served alcohol, which would make both liable for Dunfield being drunk at the time of the incident.
"It's pretty tragic," attorney Bill Whitehurt said.
$ ^{64} $Hazing, which is illegal, has long
The presidents of the two identified fraternities had no comment. There was no immediate comment from the four track members allegedly involved.
According to Whitehurst, Dunfield was told that new track team members would have to dive into an area lake from a cliff.
The fraternities that allegedly threw the parties were Delta Chi and Delta Sigma Phi. Whitehurst said a third fraternity also might have been involved.
School president Robert Berdahl did not immediately return a call from The Associated Press yesterday.
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“It's up to the plaintiff's attorney to either file a lawsuit or request a meeting,” said Ron Dusek, a representative in the attorney general's office. “We'll be happy to meet with them, but that does not mean there is any liability on the state's part just because we met with them. We're always willing to get together and meet with them to discuss the issues.”
been a problem among fraternities at the school. In 1992, several swimmers on the men's team were found smeared with peanut butter and wearing diapers.
While Dunfield and the four track team members were walking back from the party where Dunfield had about a dozen beers, the track team members gave him the option of diving into the fountain instead, the attorney said.
"Everyone urged him to do it," Whitehurst said. "They knew he was intoxicated."
Whitehurst said that he hoped to reach a settlement but that he expected it to be difficult because the case involved multiple issues with several parties.
"I think we have a solid case," said Whitehurst, who has sued two other fraternities over alleged hazing incidents. "What's really frustrating is that all the efforts of the university, all the efforts of different fraternities and sororites, the county attorney ... none of that has worked. It may be that it takes getting to the pocketbook to have an effect and stop this stuff."
In 1986, Mark Seeberger, a Phi Kappa Psi pledge at Texas, died from alcohol poisoning in a hazing incident. During the last three years, about a dozen Texas organizations have been cited for hazing violations.
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