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1 THE FIERBERG NATIONAL LAW GROUP, PLLC
DOUGLAS E. FIERBERG (admitted pro hac vice)
2 dfierberg@tfnlgroup.com
JONATHON N. FAZZOLA (admitted pro hac vice)
3 jfazzola@tfnlgroup.com
161 East Front Street, Suite 200
4 Traverse City, MI 49684
Telephone: (231) 933-0180
5 Fax: (231) 252-8100
6 SAWYER & LABAR LLP
IVO LABAR, State Bar No. 203492
7 labar@sawyerlabar.com
1700 Montgomery Street, Suite 108
8 San Francisco, CA 94111
Telephone: (415) 262-3820
9
Attorneys for Plaintiffs
10 DAPHNE BELETSIS
YVONNE RAINEY
11
12 SUPERIOR COURT OF CALIFORNIA
13 COUNTY OF SANTA CRUZ
14 DAPHNE BELETSIS, individually, and as Case No. 19CV03287
Administrator of the ESTATE OF (Assigned to Hon. Paul Marigonda,
15 ALEXANDER BELETSIS, and Dept. 10)
YVONNE RAINEY, surviving parent of
16 PLAINTIFFS’ INDEX OF EVIDENCE
ALEXANDER BELETSIS, deceased IN SUPPORT OF OPPOSITION TO
17 DEFENDANT THETA CHI
Plaintiffs, FRATERNITY, INC.’S MOTION FOR
18 vs. SUMMARY JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY
19 THETA CHI FRATERNITY, INC., et al., ADJUDICATION
20 Hearing Date: December 9, 2022
Defendants. Time: 8:30 a.m.
21 Dept.: 10
22 Complaint Filed: October 31, 2019
FAC Filed: February 5, 2020
23 Trial Date: June 20, 2022
24
25
26
27
28
PLAINTIFFS’ INDEX OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANT THETA CHI’S MSJ
1 Plaintiffs Daphne Beletsis, individually and as Administrator of the Estate of Alexander
2 Beletsis (“Alex”), and Yvonne Rainey, as a surviving parent of Alex, pursuant to CCP 437c and
3 Rule 3.1350(e)(3) of the California Rules of Court, respectfully submit the following evidence,
4 prior Orders from this Court, and materials related to facts for which Plaintiffs respectfully request
5 this Court take judicial notice, in support of their Opposition to Defendant Theta Chi Fraternity,
6 Inc.’s Motion for Summary Judgment or, In the Alternative, Summary Adjudication.
7
EXHIBIT DESCRIPTION
8 NO.
1. Order Denying Defendant Theta Chi Fraternity, Inc.’s Motion to Strike
9
Portions of the First Amended Complaint
10
2. Standards of Student Conduct for the University of California System, Cal.
11 Code Regs. Tit. 5, § 41301
12 3. University of California, Santa Cruz Ant-Hazing Policy (Updated July 9,
2015)
13
4. Excerpts from the Transcript of the Deposition of Lucy Rojas
14
15 5. Declaration of Zachary Nash Davis
16 6. Excerpts from the Transcript of the Deposition of Leon Burns
17 7. Dean Jose Sanchez Notes Regarding Member Interviews
18 8. Excerpts from the Transcript of the Deposition of Katherine Canales-Molina
19 9. Declaration of Christopher Guevara in Support of Motion to Quash Service of
20 the Summons and Complaint
21 10. Excerpts from the Transcript of the Deposition of Jose Sanchez
22 11. University of California, Santa Cruz 70.00 Policy on Registered Student
Organizations
23
12. Declaration of Rafael Garcia, Jr.
24
13. Excerpts from the Transcript of the Deposition Jordan Takayama
25
26 14. Excerpts from the Transcript of the Deposition of Miguel Saldivar Jr.
27 15. Defendant Christopher Guevara’s Responses to Plaintiffs’ Special
Interrogatories, Set Four
28
2
PLAINTIFFS’ INDEX OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANT THETA CHI’S MSJ
1
16. Subpoenaed and Certified Records from Santa Clara Valley Medical Center
2 concerning Alexander Beletsis
3 17. U.S. Drug Enforcement Administration Benzodiazepines Information Sheet
4 18. Certified Certificate of Death for Alexander Beletsis.
5 19. July 5, 2016 Response to Appeal of Conduct Resolution letter directed to the
Theta Iota Chapter of Theta Chi
6
7 20. Email dated December 2, 2015 from UCSC’s Title IX Officer regarding a
Title IX investigation into a Theta Iota Chapter of Theta Chi party
8
21. Email dated May 5, 2016 letter from Clifford Golz to the Theta Iota Chapter
9 of Theta Chi regarding a Voluntary Resolution Agreement
10 22. April 27, 2016 email from Tara Dunn, Theta Chi’s Director of Collegiate
Services, to Clifford Golz of UCSC
11
12 23. April 27, 2016 email from Tara Dunn, Theta Chi’s Director of Collegiate
Services, to Clifford Golz of UCSC regarding the Chapter’s recruitment
13
24. May 12, 2016 letter from Ray Vanlanot to Sue Matthews, Associate Vice
14 Chancellor, UCSC
15 25. Excerpts from the Transcript of the Deposition Ray Vanlanot
16
26. May 20, 2016 letter from Mr. Vanlanot regarding Theta Chi’s Alumni
17 Probation Committee
18 27. Excerpts from the Transcript of the Deposition of Tyson Lai
19 28. Excerpts from the Transcript of the Deposition of Christopher Guevara
20 29. The Constitution and Bylaws of Theta Chi Fraternity, Inc. (Revised March 14,
2018)
21
22 30. Excerpts from the Transcript of the Deposition of Clifford Golz
23 31. Excerpts from the Transcript of the Deposition of Rafael Garcia, Jr.
24 32. Alumni Probation Committee Notes taken by Tyson Lai dated June 3, 2016
25 33. Excerpts from the Transcript of the Deposition of Zachary Davis
26 34. Excerpts from the Transcript of the Deposition of Mathieu Turk
27
35. Theta Chi Fraternity, Inc. Customer Ledgers for the period from September 1,
28 2013 to August 19, 2020 from OmegaFi
3
PLAINTIFFS’ INDEX OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANT THETA CHI’S MSJ
1
36. FRMT News Article titled The Three Deadly Nights, written by David Westol
2
37. Excerpts from the Transcript of the Deposition of David Westol
3
38. April 2019 letters from Michael Mayer, Theta Chi’s Executive Director, to
4 UCSC, the Brothers of Theta Iota Chapter, and Alumnus Brothers of Theta
Iota Chapter, respectively
5
39. Grand Chapter Meeting Theta Chi Fraternity Conference Call Meeting
6
Minutes from March 12, 2019
7
40. Excerpts from the Transcript of the Deposition of Michael Mayer
8
41. Defendant, Theta Iota Chapter of Theta Chi Fraternity, Motion to Quash
9 Service of Summons and Complaint; Memorandum of Points and Authorities
10 42. Declaration of Michael Mayer in support of Defendant, Theta Iota Chapter of
Theta Chi Fraternity, Motion to Quash Service of Summons and Complaint
11
12 43. Theta Chi Fraternity, Inc.’s 2018 IRS Form 990
13 44. Declaration of Karl J. Schulze, CPA, CVA, CFE, CFF
14 45. Defendant Theta Chi Fraternity, Inc.’s First Set of Amended and
Supplemental Responses to Plaintiffs’ Special Interrogatories, Set Two
15
46. Landmark American Insurance Company Policy LHA111299, issued to Theta
16
Chi Fraternity, Inc.
17
47. Agreement for Sponsorship of Greek-Letter Organizations by the University
18 of California, Santa Cruz
19 48. Stipulation that Settlement between Plaintiffs and Defendants Bobby Karki,
John Dylan Leitch, Emmanuel Thomas, and Brad Visacki is in Good Faith
20
DATED: November 23, 2022 SAWYER & LABAR LLP
21
22 By:
Ivo Labar
23
THE FIERBERG NATIONAL LAW GROUP, PLLC
24
25 By:
Douglas E. Fierberg (admitted pro hac vice)
26
Attorneys for Plaintiffs
27
DAPHNE BELETSIS and
28 YVONNE RAINEY
4
PLAINTIFFS’ INDEX OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANT THETA CHI’S MSJ
Exhibit 1
ELECTRONICALLY RECEIVED
10/13/2020 12:20 PM
Electronically Filed
Superior Court of California
1 THE FIERBERG NATIONAL LAW GROUP, PLLC County of Santa Cruz
DOUGLAS E. FIERBERG (admitted pro hac vice)
2 dfierberg@tfnlgroup.com October 14, 2020
JONATHON N. FAZZOLA (admitted pro hac vice) Alex Calvo, Clerk
3 jfazzola@tfnlgroup.com By Deputy, Gonzalez, Sandra
LISA N. CLOUTIER (admitted pro hac vice)
4 lcloutier@tfnlgroup.com
161 East Front Street, Suite 200
5 Traverse City, MI 49684
Telephone: (231) 933-0180
6 Fax: (231) 252-8100
7 SAWYER & LABAR LLP
IVO LABAR, State Bar No. 203492
8 labar@sawyerlabar.com
201 Mission Street, Suite 2240
9 San Francisco, CA 94105
Telephone: (415) 262-3820
10
Attorneys for Plaintiffs
11 DAPHNE BELETSIS
YVONNE RAINEY
12
13 SUPERIOR COURT OF CALIFORNIA
14 COUNTY OF SANTA CRUZ
15 DAPHNE BELETSIS, individually, and as Case No. 19CV03287
Administrator of the ESTATE OF (Assigned to Hon. Rebecca Connolly, Dept. 4)
16 ALEXANDER BELETSIS, and
YVONNE RAINEY, surviving parent of [PROPOSED] ORDER DENYING
17 DEFENDANT THETA CHI FRATERNITY
ALEXANDER BELETSIS, deceased INC.’S MOTION TO STRIKE PORTIONS
18 OF THE FIRST AMENDED COMPLAINT
Plaintiffs,
19 vs. Hearing Date: October 05, 2020
Time: 8:30 a.m.
20 THETA CHI FRATERNITY, INC., et al., Dept.: 4
21 Complaint Filed: October 31, 2019
Defendants. FAC Filed: February 5, 2020
22 Trial Date: Not Yet Set
23
24
25
26
27
28
[PROPOSED] ORDER DENYING THETA CHI FRATERNITY, INC.’S MOTION TO STRIKE PORTIONS OF
THE FIRST AMENDED COMPLAINT
1 Defendant Theta Chi Fraternity Inc.’s Motion to Strike Portions of the First Amended
2 Complaint came before the Court at 8:30 a.m. on October 05, 2020. Having read and considered
3 the written motion, opposition, and reply, having heard arguments from the parties’ counsel
4 concerning the same, and good cause appearing, the Court ORDERS as follows:
5 First, as to the motion to strike allegations from the FAC that the Fraternity is liable under
6 the theories of vicarious liability and respondent superior based on Barenborg v. Sigma Alpha
7 Epsilon Fraternity (2019) 33 Cal.App.5th 70, the complaint as a whole contains sufficient facts to
8 apprise the defendant of the basis upon which the plaintiff is seeking relief therefore the motion to
9 strike on that basis is denied. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6)
10 The motion to strike the allegations that Decedent Alexander Beletsis was subjected to
11 hazing on the ground that the definition of hazing makes it only applicable to initiation or pre-
12 initiation acts is denied. The definitions of hazing referenced and alleged in paragraphs 78 and 97
13 of the FAC are not restricted to initiation or pre-initiation into a campus organization. (see
14 definitions of hazing set forth in the University’s Anti-Hazing Policy and the Standards for
15 Student Conduct for the University of California System, CAL. Code Regs. tit. 5, § 41301 (2012)
16 at ¶¶ 78 & 97 of FAC).
17 The motion to strike the punitive damage allegations is denied as those claims have been
18 sufficiently pled. (see FAC ¶ 20, Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128, 1148-
19 1149)
20 IT IS SO ORDERED.
21
Signed: 10/14/2020 02:12 PM
22 DATED: ________________________, 2020
23
24
25
Hon. Rebecca Connolly Timothy Volkmann
26 JUDGE OF THE SUPERIOR COURT
27
28
2
[PROPOSED] ORDER DENYING THETA CHI FRATERNITY, INC.’S MOTION TO STRIKE PORTIONS OF
THE FIRST AMENDED COMPLAINT
Exhibit 2
5 CCR 41301
This document is current through Register 2021, No. 39, September 24, 2021
CA - Barclays Official California Code of Regulations > TITLE 5. EDUCATION > DIVISION 5.
BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITIES > CHAPTER 1. CALIFORNIA
STATE UNIVERSITY > SUBCHAPTER 4. STUDENT AFFAIRS > ARTICLE 2. STUDENT CONDUCT
§ 41301. Standards for Student Conduct
(a)Campus Community Values
The University is committed to maintaining a safe and healthy living and learning
environment for students, faculty, and staff. Each member of the campus community
should choose behaviors that contribute toward this end. Students are expected to be
good citizens and to engage in responsible behaviors that reflect well upon their
university, to be civil to one another and to others in the campus community, and
contribute positively to student and university life.
(b)Grounds for Student Discipline
Student behavior that is not consistent with the Student Conduct Code is addressed
through an educational process that is designed to promote safety and good citizenship
and, when necessary, impose appropriate consequences.
The following are the grounds upon which student discipline can be based:
(1)Dishonesty, including:
(A)Cheating, plagiarism, or other forms of academic dishonesty that are intended
to gain unfair academic advantage.
(B)Furnishing false information to a University official, faculty member, or campus
office.
(C)Forgery, alteration, or misuse of a University document, key, or identification
instrument.
(D)Misrepresenting one's self to be an authorized agent of the University or one of
its auxiliaries.
(2)Unauthorized entry into, presence in, use of, or misuse of University property.
(3)Willful, material and substantial disruption or obstruction of a University-related
activity, or any on-campus activity.
(4)Participating in an activity that substantially and materially disrupts the normal
operations of the University, or infringes on the rights of members of the University
community.
(5)Willful, material and substantial obstruction of the free flow of pedestrian or other
traffic, on or leading to campus property or an off-campus University related activity.
Page 2 of 5
5 CCR 41301
(6)Disorderly, lewd, indecent, or obscene behavior at a University related activity, or
directed toward a member of the University community.
(7)Conduct that threatens or endangers the health or safety of any person within or
related to the University community, including physical abuse, threats, intimidation,
harassment, or sexual misconduct.
(8)Hazing, or conspiracy to haze. Hazing is defined as any method of initiation or pre-
initiation into a student organization or student body, whether or not the organization
or body is officially recognized by an educational institution, which is likely to cause
serious bodily injury to any former, current, or prospective student of any school,
community college, college, university or other educational institution in this state
(Penal Code 245.6), and in addition, any act likely to cause physical harm, personal
degradation or disgrace resulting in physical or mental harm, to any former, current, or
prospective student of any school, community college, college, university or other
educational institution. The term "hazing" does not include customary athletic events
or school sanctioned events.
Neither the express or implied consent of a victim of hazing, nor the lack of active
participation in a particular hazing incident is a defense. Apathy or acquiescence in
the presence of hazing is not a neutral act, and is also a violation of this section.
(9)Use, possession, manufacture, or distribution of illegal drugs or drug-related
paraphernalia, (except as expressly permitted by law and University regulations) or
the misuse of legal pharmaceutical drugs.
(10)Use, possession, manufacture, or distribution of alcoholic beverages (except as
expressly permitted by law and University regulations), or public intoxication while on
campus or at a University related activity.
(11)Theft of property or services from the University community, or misappropriation
of University resources.
(12)Unauthorized destruction, or damage to University property or other property in
the University community.
(13)Possession or misuse of firearms or guns, replicas, ammunition, explosives,
fireworks, knives, other weapons, or dangerous chemicals (without the prior
authorization of the campus president) on campus or at a University related activity.
(14)Unauthorized recording, dissemination, or publication of academic presentations
(including handwritten notes) for a commercial purpose.
(15)Misuse of computer facilities or resources, including:
(A)Unauthorized entry into a file, for any purpose.
(B)Unauthorized transfer of a file.
(C)Use of another's identification or password.
(D)Use of computing facilities, campus network, or other resources to interfere with
the work of another member of the University community.
Page 3 of 5
5 CCR 41301
(E)Use of computing facilities and resources to send obscene or intimidating and
abusive messages.
(F)Use of computing facilities and resources to interfere with normal University
operations.
(G)Use of computing facilities and resources in violation of copyright laws.
(H)Violation of a campus computer use policy.
(16)Violation of any published University policy, rule, regulation or presidential order.
(17)Failure to comply with directions or, or interference with, any University official or
any public safety officer while acting in the performance of his/her duties.
(18)Any act chargeable as a violation of a federal, state, or local law that poses a
substantial threat to the safety or well being of members of the University community,
to property within the University community or poses a significant threat of disruption
or interference with University operations.
(19)Violation of the Student Conduct Procedures, including:
(A)Falsification, distortion, or misrepresentation of information related to a student
discipline matter.
(B)Disruption or interference with the orderly progress of a student discipline
proceeding.
(C)Initiation of a student discipline proceeding in bad faith.
(D)Attempting to discourage another from participating in the student discipline
matter.
(E)Attempting to influence the impartiality of any participant in a student discipline
matter.
(F)Verbal or physical harassment or intimidation of any participant in a student
discipline matter.
(G)Failure to comply with the sanction(s) imposed under a student discipline
proceeding.
(20)Encouraging, permitting, or assisting another to do any act that could subject him
or her to discipline.
(c)Procedures for Enforcing This Code
The Chancellor shall adopt procedures to ensure students are afforded appropriate
notice and an opportunity to be heard before the University imposes any sanction for a
violation of the Student Conduct Code.
(d)Application of This Code
Sanctions for the conduct listed above can be imposed on applicants, enrolled students,
students between academic terms, graduates awaiting degrees, and students who
withdraw from school while a disciplinary matter is pending. Conduct that threatens the
safety or security of the campus community, or substantially disrupts the functions or
Page 4 of 5
5 CCR 41301
operation of the University is within the jurisdiction of this Article regardless of whether it
occurs on or off campus. Nothing in this Code may conflict with Education Code Section
66301 that prohibits disciplinary action against students based on behavior protected by
the First Amendment.
Statutory Authority
AUTHORITY:
Note: Authority cited: Sections 66017, 66452, 66600, 69810, 89030, 89030.1 and 89035,
Education Code. Reference: Sections 66450, 69813 et seq. and 89030, Education Code; and
Section 245.6, Penal Code.
History
HISTORY:
1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register
77, No. 18). For prior history, see Register 73, No. 15.
2. Renumbering of Article 1.1 (Sections 41301-41304) to Article 2 and amendment of NOTE
filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment of subsection (l), new subsections (n)-(n)(3), subsection relettering, amendment
of newly designated subsections (o)(1) and (o)(2)(A) and amendment of Note filed 2-2-2004;
operative 2-2-2004. Submitted to OAL for printing only pursuant to Education Code section
89030.1 (Register 2004, No. 8).
4. Amendment of subsection (d), new subsection (o)(6) and amendment of Note filed 7-19-
2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code
section 89030.1 (Register 2004, No. 36).
5. Amendment of article 2 heading and repealer and new section filed 11-17-2005; operative
11-17-2005. Submitted to OAL for printing only pursuant to Education Code section 89030.1
(Register 2005, No. 52).
6. Amendment of subsection (b)(8) filed 3-19-2007; operative 3-19-2007 pursuant to Education
Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section
11343.8 (Register 2007, No. 12).
7. Amendment of Note filed 4-6-2007; operative 4-6-2007 pursuant to Education Code section
89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8
(Register 2007, No. 14).
8. Repealer of first paragraph, repealer and new subsection (a) and amendment of subsection
(b) and Note filed 2-25-2008; operative 2-25-2008 pursuant to Education Code section 89030.1.
Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register
2008, No. 9).
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5 CCR 41301
BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Copyright © 2021 by Barclays Law Publishers All rights reserved
End of Document
Exhibit 3
APPENDIX F
UNIVERSITY OF CALIFORNIA, SANTA CRUZ
ANTI-HAZING POLICY
(Updated July 9, 2015)
The State of California and the University of California have expressly and repeatedly asserted
their opposition to hazing and pre-initiation activities, as detrimental to the positive development
and welfare of members, associate members or prospective members of any organization.
UNIVERSITY OF CALIFORNIA, SANTA CRUZ'S DEFINITION HAZING
Our campus definition is broader than applicable criminal laws. Campus hazing policies
embody the University's concerns for protecting the safety and welfare of students; these
policies prohibit any method of initiation or pre-initiation into a campus organization or
other activity engaged in by the organization or its members that humiliates or degrades or
risks emotional and/or physical harm, regardless of the person's willingness to participate.
Any student who participates in hazing or being hazed will be held accountable under these
policies. Individuals who are victims of hazing and report the incident to Student Conduct
and Community Standards will be exempt from student disciplinary action. These rules
apply to all registered student organizations, sports teams, student groups - including
undergraduate, graduate and alumni, and potential or active student organization
members.
Actions and activities that may constitute "Hazing" for the purposes of the UCSC Code of
Student Conduct include, but are not limited to:
• Forcing, coercing or permitting one to participate in forms of physical activity not part of
an organized, voluntary athletic contest or not specifically directed toward constructive
work.
• Requiring activities that are likely to cause physical harm to the individual.
• Paddling, beating or otherwise permitting someone to hit another individual.
• Requiring one to wear any degrading or uncomfortable garments.
• Depriving one of the opportunity for sufficient sleep (6 hours minimum per day), decent
and edible meals, or access to means of maintaining daily bodily cleanliness.
• Activities interfering with one's academic efforts by causing exhaustion, loss of sleep, or
reasonable study time.
• Requiring
one
to
consume
large
amounts
of
food,
alcohol,
or
other
substance
or
beverage
• Forcing, coercing or permitting one to eat or drink foreign or unusual substances such as
raw meat, raw eggs, salt water, onions, etc.
• Throwing, pouring, or otherwise applying to the bodies or clothing of individuals,
substances such as eggs, paint, honey, etc.
• Morally degrading or humiliating games or any other activities that make an individual
the object of amusement, ridicule, or intimidation.
• Kidnaps, road trips, or other activities that endanger the health and safety of an
EXHIBIT
5
• Subjecting one to cruel or unusual psychological treatment for any reason.
• Depriving one of 'sense awareness' (sight, sound, etc.) which may cause mental and/or
physical stress.
FORFEITURE OF FUNDS AND/OR LOSS OF UNIVERSITY RECOGNITION DUE TO
PARTICIPATION IN HAZING
Any person who participates in the hazing of another, or any corporation or association
which knowingly permits hazing to be conducted by its members or by others subject to its
direction or control, shall forfeit any entitlement to public funds, scholarships, or awards
which are enjoyed by him, by her, or by it and shall be deprived of any sanction or
approval granted by any public educational institution or agency.
The governing board of any public school, public college, public university or other public
educational institution or agency shall adopt rules and regulations to implement this
section.
It is against the law for students or student organizations to conduct any activities that
constitute "hazing" as defined by California Penal Code §245.6(b). Violation may result in
student/organization disciplinary action, loss of registration for student organizations,
and/or referral to campus/local law enforcement agencies. The following is from the Penal
Code of the State of California, which applies to students at UC Santa Cruz.
CALIFORNIA PENAL CODE §245.6 (SENATE BILL NO.1454, ENACTED
SEPTEMBER 19 2006)
(a) It shall be unlawful to engage in hazing, as defined in this section
(b) "Hazing" means any method of initiation or pre initiation into a student organization
or student body, whether or not the organization or body is officially recognized by an
educational institution, which is likely to cause serious bodily injury to any former,
current, or prospective student of any school, community college, college, university, or
other educational institution in the state. The term "hazing: does not include customary
athletic events or school-sanctioned events.
(c) A violation of this section that does not result in serious bodily injury is a misdemeanor
punishable by a fine of not less than one hundred dollars ($100), nor more than five
thousand dollars ($5000), or imprisonment in the county ail for not more than one year, or
both.
(d) Any person who personally engages in hazing that results in death or serious injury as
defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, is guilty of
either a misdemeanor or a felony, and shall be punished by imprisonment in county jail not
exceeding one year, or by imprisonment in the state
(e) The person against whom the hazing is directed may commence a civil action for injury
or damages. The action may be brought against any participants in the hazing, or any
organization to which the student is seeking membership whose agents, directors, trustees,
managers, or officers authorized, requested commanded participated in, or ratified the
hazing.
(f) Prosecution under this section shall not prohibit prosecution under any other provision
of law.
Exhibit 4
Page 1
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 FOR THE COUNTY OF SANTA CRUZ
3 DAPHNE BELETSIS, INDIVIDUALLY, AND )
AS ADMINISTRATOR OF THE ESTATE OF )
4 ALEXANDER BELETSIS, AND YVONNE )
RAINEY, SURVIVING PARENT OF ALEXANDER)
5 BELETSIS, DECEASED, )
)
6 PLAINTIFFS, )
) CASE NO.:
7 VS. ) 19CV03287
)
8 THETA CHI FRATERNITY, INC., A NEW )
YORK CORPORATION, INDIVIDUALLY, AS A )
9 MEMBER OF AND T/A THE THETA IOTA )
CHAPTER, UNIVERSITY OF CALIFORNIA, )
10 SANTA CRUZ, AS A MEMBER OF THE )
FRATERNAL ORDER KNOWN AS THETA CHI )
11 FRATERNITY, AND AS AN ALTER-EGO AND )
SUCCESSOR ENTITY OF THE THETA IOTA )
12 CHAPTER OF THETA CHI FRATERNITY; )
THETA IOTA CHAPTER OF THETA CHI )
13 FRATERNITY, INDIVIDUALLY, AND AS AN )
AGENT AND ALTER-EGO OF THETA CHI )
14 FRATERNITY, INC.; CHRISTOPHER )
GUEVARA, INDIVIDUALLY, AND AS AN )
15 AGENT/MEMBER OF THETA CHI FRATERNITY,)
INC., AND THETA IOTA CHAPTER OF THETA)
16 CHI FRATERNITY; BRAD VISACKI )
INDIVIDUALLY, AND AS AN AGENT/MEMBER )
17 OF THETA CHI FRATERNITY, INC., AND )
THETA IOTA CHAPTER OF THETA CHI )
18 FRATERNITY; JORDAN KEIICHI TAKAYAMA, )
INDIVIDUALLY, AND AS AN AGENT/MEMBER )
19 OF THETA CHI FRATERNITY, INC., AND )
THETA IOTA CHAPTER OF THETA CHI )
20 FRATERNITY; ZACHARY NASH DAVIS, )(1 - 166)
21 --- CAPTION CONTINUED ON THE FOLLOWING PAGE ---
22
REMOTE VIDEOTAPED DEPOSITION OF LUCY ROJAS
23
WEDNESDAY, APRIL 14, 2021
24
25 JOB NO. 4500125
REPORTED BY: TAMARA L. CARLSON, CSR NO. 12555
Veritext Legal Solutions
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Page 17
1 position?
2 A. In my next position I stayed with the
3 dining department, and I was a -- I did a lot of the
4 trainings, specifically for staff and student
5 employees as well as translation. So I did a lot of
6 English/Spanish translation. We were a bilingual
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1 THE FIERBERG NATIONAL LAW GROUP, PLLC DOUGLAS E. FIERBERG (admitted pro hac vice) 2 dfierberg@tfnlgroup.com JONATHON N. FAZZOLA (admitted pro hac vice) 3 jfazzola@tfnlgroup.com 161 East Front Street, Suite 200 4 Traverse City, MI 49684 Telephone: (231) 933-0180 5 Fax: (231) 252-8100 6 SAWYER & LABAR LLP IVO LABAR, State Bar No. 203492 7 labar@sawyerlabar.com 1700 Montgomery Street, Suite 108 8 San Francisco, CA 94111 Telephone: (415) 262-3820 9 Attorneys for Plaintiffs 10 DAPHNE BELETSIS YVONNE RAINEY 11 12 SUPERIOR COURT OF CALIFORNIA 13 COUNTY OF SANTA CRUZ 14 DAPHNE BELETSIS, individually, and as Case No. 19CV03287 Administrator of the ESTATE OF (Assigned to Hon. Paul Marigonda, 15 ALEXANDER BELETSIS, and Dept. 10) YVONNE RAINEY, surviving parent of 16 PLAINTIFFS’ INDEX OF EVIDENCE ALEXANDER BELETSIS, deceased IN SUPPORT OF OPPOSITION TO 17 DEFENDANT THETA CHI Plaintiffs, FRATERNITY, INC.’S MOTION FOR 18 vs. SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY 19 THETA CHI FRATERNITY, INC., et al., ADJUDICATION 20 Hearing Date: December 9, 2022 Defendants. Time: 8:30 a.m. 21 Dept.: 10 22 Complaint Filed: October 31, 2019 FAC Filed: February 5, 2020 23 Trial Date: June 20, 2022 24 25 26 27 28 PLAINTIFFS’ INDEX OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANT THETA CHI’S MSJ 1 Plaintiffs Daphne Beletsis, individually and as Administrator of the Estate of Alexander 2 Beletsis (“Alex”), and Yvonne Rainey, as a surviving parent of Alex, pursuant to CCP 437c and 3 Rule 3.1350(e)(3) of the California Rules of Court, respectfully submit the following evidence, 4 prior Orders from this Court, and materials related to facts for which Plaintiffs respectfully request 5 this Court take judicial notice, in support of their Opposition to Defendant Theta Chi Fraternity, 6 Inc.’s Motion for Summary Judgment or, In the Alternative, Summary Adjudication. 7 EXHIBIT DESCRIPTION 8 NO. 1. Order Denying Defendant Theta Chi Fraternity, Inc.’s Motion to Strike 9 Portions of the First Amended Complaint 10 2. Standards of Student Conduct for the University of California System, Cal. 11 Code Regs. Tit. 5, § 41301 12 3. University of California, Santa Cruz Ant-Hazing Policy (Updated July 9, 2015) 13 4. Excerpts from the Transcript of the Deposition of Lucy Rojas 14 15 5. Declaration of Zachary Nash Davis 16 6. Excerpts from the Transcript of the Deposition of Leon Burns 17 7. Dean Jose Sanchez Notes Regarding Member Interviews 18 8. Excerpts from the Transcript of the Deposition of Katherine Canales-Molina 19 9. Declaration of Christopher Guevara in Support of Motion to Quash Service of 20 the Summons and Complaint 21 10. Excerpts from the Transcript of the Deposition of Jose Sanchez 22 11. University of California, Santa Cruz 70.00 Policy on Registered Student Organizations 23 12. Declaration of Rafael Garcia, Jr. 24 13. Excerpts from the Transcript of the Deposition Jordan Takayama 25 26 14. Excerpts from the Transcript of the Deposition of Miguel Saldivar Jr. 27 15. Defendant Christopher Guevara’s Responses to Plaintiffs’ Special Interrogatories, Set Four 28 2 PLAINTIFFS’ INDEX OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANT THETA CHI’S MSJ 1 16. Subpoenaed and Certified Records from Santa Clara Valley Medical Center 2 concerning Alexander Beletsis 3 17. U.S. Drug Enforcement Administration Benzodiazepines Information Sheet 4 18. Certified Certificate of Death for Alexander Beletsis. 5 19. July 5, 2016 Response to Appeal of Conduct Resolution letter directed to the Theta Iota Chapter of Theta Chi 6 7 20. Email dated December 2, 2015 from UCSC’s Title IX Officer regarding a Title IX investigation into a Theta Iota Chapter of Theta Chi party 8 21. Email dated May 5, 2016 letter from Clifford Golz to the Theta Iota Chapter 9 of Theta Chi regarding a Voluntary Resolution Agreement 10 22. April 27, 2016 email from Tara Dunn, Theta Chi’s Director of Collegiate Services, to Clifford Golz of UCSC 11 12 23. April 27, 2016 email from Tara Dunn, Theta Chi’s Director of Collegiate Services, to Clifford Golz of UCSC regarding the Chapter’s recruitment 13 24. May 12, 2016 letter from Ray Vanlanot to Sue Matthews, Associate Vice 14 Chancellor, UCSC 15 25. Excerpts from the Transcript of the Deposition Ray Vanlanot 16 26. May 20, 2016 letter from Mr. Vanlanot regarding Theta Chi’s Alumni 17 Probation Committee 18 27. Excerpts from the Transcript of the Deposition of Tyson Lai 19 28. Excerpts from the Transcript of the Deposition of Christopher Guevara 20 29. The Constitution and Bylaws of Theta Chi Fraternity, Inc. (Revised March 14, 2018) 21 22 30. Excerpts from the Transcript of the Deposition of Clifford Golz 23 31. Excerpts from the Transcript of the Deposition of Rafael Garcia, Jr. 24 32. Alumni Probation Committee Notes taken by Tyson Lai dated June 3, 2016 25 33. Excerpts from the Transcript of the Deposition of Zachary Davis 26 34. Excerpts from the Transcript of the Deposition of Mathieu Turk 27 35. Theta Chi Fraternity, Inc. Customer Ledgers for the period from September 1, 28 2013 to August 19, 2020 from OmegaFi 3 PLAINTIFFS’ INDEX OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANT THETA CHI’S MSJ 1 36. FRMT News Article titled The Three Deadly Nights, written by David Westol 2 37. Excerpts from the Transcript of the Deposition of David Westol 3 38. April 2019 letters from Michael Mayer, Theta Chi’s Executive Director, to 4 UCSC, the Brothers of Theta Iota Chapter, and Alumnus Brothers of Theta Iota Chapter, respectively 5 39. Grand Chapter Meeting Theta Chi Fraternity Conference Call Meeting 6 Minutes from March 12, 2019 7 40. Excerpts from the Transcript of the Deposition of Michael Mayer 8 41. Defendant, Theta Iota Chapter of Theta Chi Fraternity, Motion to Quash 9 Service of Summons and Complaint; Memorandum of Points and Authorities 10 42. Declaration of Michael Mayer in support of Defendant, Theta Iota Chapter of Theta Chi Fraternity, Motion to Quash Service of Summons and Complaint 11 12 43. Theta Chi Fraternity, Inc.’s 2018 IRS Form 990 13 44. Declaration of Karl J. Schulze, CPA, CVA, CFE, CFF 14 45. Defendant Theta Chi Fraternity, Inc.’s First Set of Amended and Supplemental Responses to Plaintiffs’ Special Interrogatories, Set Two 15 46. Landmark American Insurance Company Policy LHA111299, issued to Theta 16 Chi Fraternity, Inc. 17 47. Agreement for Sponsorship of Greek-Letter Organizations by the University 18 of California, Santa Cruz 19 48. Stipulation that Settlement between Plaintiffs and Defendants Bobby Karki, John Dylan Leitch, Emmanuel Thomas, and Brad Visacki is in Good Faith 20 DATED: November 23, 2022 SAWYER & LABAR LLP 21 22 By: Ivo Labar 23 THE FIERBERG NATIONAL LAW GROUP, PLLC 24 25 By: Douglas E. Fierberg (admitted pro hac vice) 26 Attorneys for Plaintiffs 27 DAPHNE BELETSIS and 28 YVONNE RAINEY 4 PLAINTIFFS’ INDEX OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANT THETA CHI’S MSJ Exhibit 1 ELECTRONICALLY RECEIVED 10/13/2020 12:20 PM Electronically Filed Superior Court of California 1 THE FIERBERG NATIONAL LAW GROUP, PLLC County of Santa Cruz DOUGLAS E. FIERBERG (admitted pro hac vice) 2 dfierberg@tfnlgroup.com October 14, 2020 JONATHON N. FAZZOLA (admitted pro hac vice) Alex Calvo, Clerk 3 jfazzola@tfnlgroup.com By Deputy, Gonzalez, Sandra LISA N. CLOUTIER (admitted pro hac vice) 4 lcloutier@tfnlgroup.com 161 East Front Street, Suite 200 5 Traverse City, MI 49684 Telephone: (231) 933-0180 6 Fax: (231) 252-8100 7 SAWYER & LABAR LLP IVO LABAR, State Bar No. 203492 8 labar@sawyerlabar.com 201 Mission Street, Suite 2240 9 San Francisco, CA 94105 Telephone: (415) 262-3820 10 Attorneys for Plaintiffs 11 DAPHNE BELETSIS YVONNE RAINEY 12 13 SUPERIOR COURT OF CALIFORNIA 14 COUNTY OF SANTA CRUZ 15 DAPHNE BELETSIS, individually, and as Case No. 19CV03287 Administrator of the ESTATE OF (Assigned to Hon. Rebecca Connolly, Dept. 4) 16 ALEXANDER BELETSIS, and YVONNE RAINEY, surviving parent of [PROPOSED] ORDER DENYING 17 DEFENDANT THETA CHI FRATERNITY ALEXANDER BELETSIS, deceased INC.’S MOTION TO STRIKE PORTIONS 18 OF THE FIRST AMENDED COMPLAINT Plaintiffs, 19 vs. Hearing Date: October 05, 2020 Time: 8:30 a.m. 20 THETA CHI FRATERNITY, INC., et al., Dept.: 4 21 Complaint Filed: October 31, 2019 Defendants. FAC Filed: February 5, 2020 22 Trial Date: Not Yet Set 23 24 25 26 27 28 [PROPOSED] ORDER DENYING THETA CHI FRATERNITY, INC.’S MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED COMPLAINT 1 Defendant Theta Chi Fraternity Inc.’s Motion to Strike Portions of the First Amended 2 Complaint came before the Court at 8:30 a.m. on October 05, 2020. Having read and considered 3 the written motion, opposition, and reply, having heard arguments from the parties’ counsel 4 concerning the same, and good cause appearing, the Court ORDERS as follows: 5 First, as to the motion to strike allegations from the FAC that the Fraternity is liable under 6 the theories of vicarious liability and respondent superior based on Barenborg v. Sigma Alpha 7 Epsilon Fraternity (2019) 33 Cal.App.5th 70, the complaint as a whole contains sufficient facts to 8 apprise the defendant of the basis upon which the plaintiff is seeking relief therefore the motion to 9 strike on that basis is denied. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6) 10 The motion to strike the allegations that Decedent Alexander Beletsis was subjected to 11 hazing on the ground that the definition of hazing makes it only applicable to initiation or pre- 12 initiation acts is denied. The definitions of hazing referenced and alleged in paragraphs 78 and 97 13 of the FAC are not restricted to initiation or pre-initiation into a campus organization. (see 14 definitions of hazing set forth in the University’s Anti-Hazing Policy and the Standards for 15 Student Conduct for the University of California System, CAL. Code Regs. tit. 5, § 41301 (2012) 16 at ¶¶ 78 & 97 of FAC). 17 The motion to strike the punitive damage allegations is denied as those claims have been 18 sufficiently pled. (see FAC ¶ 20, Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128, 1148- 19 1149) 20 IT IS SO ORDERED. 21 Signed: 10/14/2020 02:12 PM 22 DATED: ________________________, 2020 23 24 25 Hon. Rebecca Connolly Timothy Volkmann 26 JUDGE OF THE SUPERIOR COURT 27 28 2 [PROPOSED] ORDER DENYING THETA CHI FRATERNITY, INC.’S MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED COMPLAINT Exhibit 2 5 CCR 41301 This document is current through Register 2021, No. 39, September 24, 2021 CA - Barclays Official California Code of Regulations > TITLE 5. EDUCATION > DIVISION 5. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITIES > CHAPTER 1. CALIFORNIA STATE UNIVERSITY > SUBCHAPTER 4. STUDENT AFFAIRS > ARTICLE 2. STUDENT CONDUCT § 41301. Standards for Student Conduct (a)Campus Community Values The University is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community should choose behaviors that contribute toward this end. Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life. (b)Grounds for Student Discipline Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences. The following are the grounds upon which student discipline can be based: (1)Dishonesty, including: (A)Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage. (B)Furnishing false information to a University official, faculty member, or campus office. (C)Forgery, alteration, or misuse of a University document, key, or identification instrument. (D)Misrepresenting one's self to be an authorized agent of the University or one of its auxiliaries. (2)Unauthorized entry into, presence in, use of, or misuse of University property. (3)Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity. (4)Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community. (5)Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus University related activity. Page 2 of 5 5 CCR 41301 (6)Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community. (7)Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct. (8)Hazing, or conspiracy to haze. Hazing is defined as any method of initiation or pre- initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of any school, community college, college, university or other educational institution. The term "hazing" does not include customary athletic events or school sanctioned events. Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section. (9)Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia, (except as expressly permitted by law and University regulations) or the misuse of legal pharmaceutical drugs. (10)Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication while on campus or at a University related activity. (11)Theft of property or services from the University community, or misappropriation of University resources. (12)Unauthorized destruction, or damage to University property or other property in the University community. (13)Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University related activity. (14)Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose. (15)Misuse of computer facilities or resources, including: (A)Unauthorized entry into a file, for any purpose. (B)Unauthorized transfer of a file. (C)Use of another's identification or password. (D)Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University community. Page 3 of 5 5 CCR 41301 (E)Use of computing facilities and resources to send obscene or intimidating and abusive messages. (F)Use of computing facilities and resources to interfere with normal University operations. (G)Use of computing facilities and resources in violation of copyright laws. (H)Violation of a campus computer use policy. (16)Violation of any published University policy, rule, regulation or presidential order. (17)Failure to comply with directions or, or interference with, any University official or any public safety officer while acting in the performance of his/her duties. (18)Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well being of members of the University community, to property within the University community or poses a significant threat of disruption or interference with University operations. (19)Violation of the Student Conduct Procedures, including: (A)Falsification, distortion, or misrepresentation of information related to a student discipline matter. (B)Disruption or interference with the orderly progress of a student discipline proceeding. (C)Initiation of a student discipline proceeding in bad faith. (D)Attempting to discourage another from participating in the student discipline matter. (E)Attempting to influence the impartiality of any participant in a student discipline matter. (F)Verbal or physical harassment or intimidation of any participant in a student discipline matter. (G)Failure to comply with the sanction(s) imposed under a student discipline proceeding. (20)Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline. (c)Procedures for Enforcing This Code The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the University imposes any sanction for a violation of the Student Conduct Code. (d)Application of This Code Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or Page 4 of 5 5 CCR 41301 operation of the University is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code Section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment. Statutory Authority AUTHORITY: Note: Authority cited: Sections 66017, 66452, 66600, 69810, 89030, 89030.1 and 89035, Education Code. Reference: Sections 66450, 69813 et seq. and 89030, Education Code; and Section 245.6, Penal Code. History HISTORY: 1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 73, No. 15. 2. Renumbering of Article 1.1 (Sections 41301-41304) to Article 2 and amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12). 3. Amendment of subsection (l), new subsections (n)-(n)(3), subsection relettering, amendment of newly designated subsections (o)(1) and (o)(2)(A) and amendment of Note filed 2-2-2004; operative 2-2-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 8). 4. Amendment of subsection (d), new subsection (o)(6) and amendment of Note filed 7-19- 2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36). 5. Amendment of article 2 heading and repealer and new section filed 11-17-2005; operative 11-17-2005. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2005, No. 52). 6. Amendment of subsection (b)(8) filed 3-19-2007; operative 3-19-2007 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2007, No. 12). 7. Amendment of Note filed 4-6-2007; operative 4-6-2007 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2007, No. 14). 8. Repealer of first paragraph, repealer and new subsection (a) and amendment of subsection (b) and Note filed 2-25-2008; operative 2-25-2008 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2008, No. 9). Page 5 of 5 5 CCR 41301 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright © 2021 by Barclays Law Publishers All rights reserved End of Document Exhibit 3 APPENDIX F UNIVERSITY OF CALIFORNIA, SANTA CRUZ ANTI-HAZING POLICY (Updated July 9, 2015) The State of California and the University of California have expressly and repeatedly asserted their opposition to hazing and pre-initiation activities, as detrimental to the positive development and welfare of members, associate members or prospective members of any organization. UNIVERSITY OF CALIFORNIA, SANTA CRUZ'S DEFINITION HAZING Our campus definition is broader than applicable criminal laws. Campus hazing policies embody the University's concerns for protecting the safety and welfare of students; these policies prohibit any method of initiation or pre-initiation into a campus organization or other activity engaged in by the organization or its members that humiliates or degrades or risks emotional and/or physical harm, regardless of the person's willingness to participate. Any student who participates in hazing or being hazed will be held accountable under these policies. Individuals who are victims of hazing and report the incident to Student Conduct and Community Standards will be exempt from student disciplinary action. These rules apply to all registered student organizations, sports teams, student groups - including undergraduate, graduate and alumni, and potential or active student organization members. Actions and activities that may constitute "Hazing" for the purposes of the UCSC Code of Student Conduct include, but are not limited to: • Forcing, coercing or permitting one to participate in forms of physical activity not part of an organized, voluntary athletic contest or not specifically directed toward constructive work. • Requiring activities that are likely to cause physical harm to the individual. • Paddling, beating or otherwise permitting someone to hit another individual. • Requiring one to wear any degrading or uncomfortable garments. • Depriving one of the opportunity for sufficient sleep (6 hours minimum per day), decent and edible meals, or access to means of maintaining daily bodily cleanliness. • Activities interfering with one's academic efforts by causing exhaustion, loss of sleep, or reasonable study time. • Requiring one to consume large amounts of food, alcohol, or other substance or beverage • Forcing, coercing or permitting one to eat or drink foreign or unusual substances such as raw meat, raw eggs, salt water, onions, etc. • Throwing, pouring, or otherwise applying to the bodies or clothing of individuals, substances such as eggs, paint, honey, etc. • Morally degrading or humiliating games or any other activities that make an individual the object of amusement, ridicule, or intimidation. • Kidnaps, road trips, or other activities that endanger the health and safety of an EXHIBIT 5 • Subjecting one to cruel or unusual psychological treatment for any reason. • Depriving one of 'sense awareness' (sight, sound, etc.) which may cause mental and/or physical stress. FORFEITURE OF FUNDS AND/OR LOSS OF UNIVERSITY RECOGNITION DUE TO PARTICIPATION IN HAZING Any person who participates in the hazing of another, or any corporation or association which knowingly permits hazing to be conducted by its members or by others subject to its direction or control, shall forfeit any entitlement to public funds, scholarships, or awards which are enjoyed by him, by her, or by it and shall be deprived of any sanction or approval granted by any public educational institution or agency. The governing board of any public school, public college, public university or other public educational institution or agency shall adopt rules and regulations to implement this section. It is against the law for students or student organizations to conduct any activities that constitute "hazing" as defined by California Penal Code §245.6(b). Violation may result in student/organization disciplinary action, loss of registration for student organizations, and/or referral to campus/local law enforcement agencies. The following is from the Penal Code of the State of California, which applies to students at UC Santa Cruz. CALIFORNIA PENAL CODE §245.6 (SENATE BILL NO.1454, ENACTED SEPTEMBER 19 2006) (a) It shall be unlawful to engage in hazing, as defined in this section (b) "Hazing" means any method of initiation or pre initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in the state. The term "hazing: does not include customary athletic events or school-sanctioned events. (c) A violation of this section that does not result in serious bodily injury is a misdemeanor punishable by a fine of not less than one hundred dollars ($100), nor more than five thousand dollars ($5000), or imprisonment in the county ail for not more than one year, or both. (d) Any person who personally engages in hazing that results in death or serious injury as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in county jail not exceeding one year, or by imprisonment in the state (e) The person against whom the hazing is directed may commence a civil action for injury or damages. The action may be brought against any participants in the hazing, or any organization to which the student is seeking membership whose agents, directors, trustees, managers, or officers authorized, requested commanded participated in, or ratified the hazing. (f) Prosecution under this section shall not prohibit prosecution under any other provision of law. Exhibit 4 Page 1 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 FOR THE COUNTY OF SANTA CRUZ 3 DAPHNE BELETSIS, INDIVIDUALLY, AND ) AS ADMINISTRATOR OF THE ESTATE OF ) 4 ALEXANDER BELETSIS, AND YVONNE ) RAINEY, SURVIVING PARENT OF ALEXANDER) 5 BELETSIS, DECEASED, ) ) 6 PLAINTIFFS, ) ) CASE NO.: 7 VS. ) 19CV03287 ) 8 THETA CHI FRATERNITY, INC., A NEW ) YORK CORPORATION, INDIVIDUALLY, AS A ) 9 MEMBER OF AND T/A THE THETA IOTA ) CHAPTER, UNIVERSITY OF CALIFORNIA, ) 10 SANTA CRUZ, AS A MEMBER OF THE ) FRATERNAL ORDER KNOWN AS THETA CHI ) 11 FRATERNITY, AND AS AN ALTER-EGO AND ) SUCCESSOR ENTITY OF THE THETA IOTA ) 12 CHAPTER OF THETA CHI FRATERNITY; ) THETA IOTA CHAPTER OF THETA CHI ) 13 FRATERNITY, INDIVIDUALLY, AND AS AN ) AGENT AND ALTER-EGO OF THETA CHI ) 14 FRATERNITY, INC.; CHRISTOPHER ) GUEVARA, INDIVIDUALLY, AND AS AN ) 15 AGENT/MEMBER OF THETA CHI FRATERNITY,) INC., AND THETA IOTA CHAPTER OF THETA) 16 CHI FRATERNITY; BRAD VISACKI ) INDIVIDUALLY, AND AS AN AGENT/MEMBER ) 17 OF THETA CHI FRATERNITY, INC., AND ) THETA IOTA CHAPTER OF THETA CHI ) 18 FRATERNITY; JORDAN KEIICHI TAKAYAMA, ) INDIVIDUALLY, AND AS AN AGENT/MEMBER ) 19 OF THETA CHI FRATERNITY, INC., AND ) THETA IOTA CHAPTER OF THETA CHI ) 20 FRATERNITY; ZACHARY NASH DAVIS, )(1 - 166) 21 --- CAPTION CONTINUED ON THE FOLLOWING PAGE --- 22 REMOTE VIDEOTAPED DEPOSITION OF LUCY ROJAS 23 WEDNESDAY, APRIL 14, 2021 24 25 JOB NO. 4500125 REPORTED BY: TAMARA L. CARLSON, CSR NO. 12555 Veritext Legal Solutions www.veritext.com 888-391-3376 Page 17 1 position? 2 A. In my next position I stayed with the 3 dining department, and I was a -- I did a lot of the 4 trainings, specifically for staff and student 5 employees as well as translation. So I did a lot of 6 English/Spanish translation. We were a bilingual 7 department. So staff trainings, employee mee