Sigma Alpha Epsilon Fraternity and WVU have responded to a lawsuit filed by David A. Rusko, whose son, David M. Rusko, fell down the stairs at the WVU SAE house during a party on Nov. 10 and suffered a permanent brain injury.
“Sigma Alpha Epsilon Fraternity continues to send our thoughts and prayers to David Rusko and his family,” Director of Communications Johnny Sao said. “The Fraternity has not been served with the lawsuit and does not otherwise comment on pending or threatened litigation.”
The lawsuit was filed on Wednesday in Monongalia County Circuit Court.
“The University sympathizes with the Ruskos and others involved in the circumstances surrounding this tragedy,” WVU Spokesperson John Bolt said. “However, as the University is not involved in this litigation, it is not appropriate to comment on it.”
WVU’s SAE chapter is on deferred suspension and social restrictions because of violations of the Student Conduct Code, Bolt said.
Chris Platz, Coltin J. Gore, Zachary Pope, David J. Mauser, Bryan P. Kondracki and Brian R. Schneider, all defendants in the suit, are enrolled at WVU currently or for fall 2019, according to Bolt. Benjamin T. Flower, another defendant, graduated in May. The remaining defendants are not enrolled or registered at the university.
Following its investigation into the incident, WVU announced three students agreed to a permanent separation from the university. About 15 other students, not all fraternity members, agreed to other disciplinary measures, from deferred suspension to probation.