Bowling Green State University Settles With Stone Foltz's Family for $2.9 Million: What It Shows About Hazing Death Claims

Published February 14, 2023 · Settlements

Stone Foltz was a 20-year-old student from Delaware, Ohio, when he died in March 2021 after a Pi Kappa Alpha fraternity pledge event at Bowling Green State University. On January 23, 2023, his parents and the university announced that BGSU will pay the family $2.9 million to settle their lawsuit.

"The money means nothing to us, because it's not going to bring Stone back," his mother, Shari Foltz, told the Associated Press. Any family that has lost a child will understand her. This post looks at what was reported and what the case shows about how hazing death claims work in Ohio.

What was reported

According to the Associated Press:

• Mr. Foltz's parents accused the university of failing to stop hazing in fraternities and sororities despite being aware of it.
• The university will pay $2.9 million. The family's attorney, Rex Elliott, said it is the largest amount ever paid by a public university to a family after a hazing lawsuit.
• According to court documents, the family has also received more than $7 million from Pi Kappa Alpha and others who had a role in the hazing.
• In a joint statement, the family and BGSU said the resolution "keeps the Foltz family and BGSU community from reliving the tragedy for years to come in the courtroom," and both committed to work to eliminate hazing on college campuses.
• Eight former fraternity members have pleaded guilty or been found guilty on various charges.
• Mr. Foltz's parents have started a foundation focused on hazing education.

Many defendants, one family

One of the most important lessons here is that responsibility for a death is often shared. The Foltz family's recoveries came from the university, from Pi Kappa Alpha, and from individuals who had a role in the hazing.

Ohio law is unusually clear about who can be responsible for hazing. R.C. 2307.44 allows a civil action against anyone who participated in the hazing; any organization whose local or national directors, trustees, or officers authorized, requested, commanded, or tolerated it; and, when students are involved, administrators, employees, and faculty who knew or should have known of the hazing and made no reasonable attempt to prevent it, as well as the school itself. The victim's own consent or assumption of the risk is not a defense. A school has a defense if it was actively enforcing an anti-hazing policy at the time.

When a hazing death occurs, the student's own claims survive and are brought by the estate, alongside the family's wrongful death claim. Our post on Collin's Law, Ohio's 2021 anti-hazing act explains how the civil statute fits with the newer criminal penalties and campus requirements.

Finding every responsible party, and every insurance policy that may cover them, is a core part of any serious wrongful death investigation. Our guide chapter on insurance coverage explains the kinds of coverage that may apply.

Settling in stages

The family's recoveries came through separate settlements with different defendants. That is common in cases with several defendants, and resolving claims one at a time can bring a family some resolution earlier.

Each settlement of a wrongful death claim in Ohio requires the approval of the probate court that appointed the personal representative. Under R.C. 2125.02(C), the personal representative may settle "with the consent of the court," before or after a lawsuit is filed. The court then oversees how the money is distributed among the beneficiaries under R.C. 2125.03. When a young person dies without a spouse or children, the parents are among the beneficiaries the law presumes were harmed by the death. Our chapter on who can bring a claim explains who the beneficiaries are, and our probate chapter on approving a settlement explains the hearing.

Criminal convictions and the civil case

The criminal cases against the fraternity members moved forward at the same time as the civil claims. A criminal conviction can be powerful evidence, but a family does not need to wait for one, and a civil claim can succeed even when criminal charges do not. Our chapter on criminal and civil cases explains the differences.

Change as part of the outcome

Shari Foltz has said the family will "continue our fight saving lives." The joint commitment with BGSU to work against hazing, and the family's foundation, reflect that. For many families, a settlement is not only about compensation. It is also about making sure the next family does not receive the same phone call.