Preview
Law Offices of
MATHENY SEARS LINKERT & JAIME, LLP
MATTHEW C. JAIME (SBN 140340: ELECTRONICALLY FILED
ROBERT W. SWEETIN (SBN 297130) Superior Court of California
3638 American River Drive County of Santa Cruz
Sacramento, California 95864
7/30/2020 6:12 PM
Telephone: (916) 978-3434
Facsimile: (916) 978-3430 Alex Calvo, Clerk
By/Wraceli ila py
mjaime@mathenysears.com
rsweetin@mathenysears.com
Attorneys for Defendant, CHRISTOPHER
GUEVARA
(See Next Page for Additional Counsel)
SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SANTA CRUZ
89
Attorneys for MOISES GARCIA
16
Derek H. Lim (SBN 209496
17 DEMLER, ARMSTRONG & ROWLAND, LLP
18 1350 Treat Blvd, Suite 400
Walnut Creek, CA 94597
19 Telephone: (415) 949-1900
lim@darlaw.com
20
Attorneys for Defendant BRADLEY VISACKI
21
Ray Tamaddon (SBN 144494)
22 Hinshaw & Culbertson, LLP
11601 Wilshire Blvd., Suite 800
23 Los Angeles, CA 90025
Telephone: (310) 909-800
24 rtamaddon@hinshawlaw.com
25 Attorneys for Defendant ZACHARY NASH DAVIS
26
27
28
DECLARATION OF ROBERT W. SWEETIN IN SUPPORT OF THE STUDENT DEFENDANTS’ JOINT
MOTION TO QUASH SUBPOENA TO UC SANTA CRUZ
I, ROBERT W. SWEETIN, declare as follows:
1 I am an attomey at law duly licensed to practice before all courts of the State of
California. I am a partner at Matheny, Sears, Linkert & Jaime, LLP, attorneys of record for
defendant CHRISTOPHER GUEVARA. I have personally worked on this case and I have personal
knowledge of the matters set forth in this declaration, and if called as a witness, I could and would
competently testify to those matters.
2. On October 31, 2019, DAPHNE BELETSIS, individually, and as Administrator of
the Estate of ALEXANDER BELETSIS, and YVONNE RAINEY, surviving parent of
ALEXANDER BELETSIS, deceased; (“Plaintiffs”) filed this instant action. Attached hereto as
10 Exhibit 1 is a true and correct copy of the Complaint filed in this matter on October 31, 2019.
Sw
338 11 Plaintiffs filed a First Amended Complaint on February 5, 2020. Attached hereto as Exhibit 2 is a
OR
beeZ 12 true and correct copy of the First Amended Complaint.
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On
week
QZ,
rs 13 3 Generally, the FAC alleges that Decedent Alexander Beletsis was a member of the
ras
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ewe 14 Theta Chi Fraternity at the University of California, Santa Cruz. On or June 3, 2018, suffered fatal
/s/ Ivo Labar, Esq.
(SIGNATURE OF PERSON ISSUING SUBPOENA)
(TYPE OR PRINT NAME) Attorney for Plaintiffs
(Proof of service on page two) (TITLE) Page one of two
Form Ad ied for Mandatory Use
Judicial Council of Califomia
SUBP-010 [Rev. January 1, 2012]
DEPOSITION SUBPOENA FOR PRODUCTION
OF BUSINESS RECORDS
Code of Civil Procedure, 6
ee
-2020.410-2020.440;
vil Code,
Government Code
'$U396539-01/CPROOF 105
www. TristarSoftware.com
SUBP.010
L PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR
PRODUCTION OF BUSINESS RECORDS
1. | served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served
as follows:
a. Person served (name):
b. Address where served:
c. Date of delivery:
d. Time of delivery:
e. (1) [] Witness fees were pai
Amount:
(2) J Copying fees were paid.
Amount:
f. Fee for service:
21 received this subpoena for service on (date):
3. Person serving:
[) Nota registered California process server.
[1 California sheriff or marshal.
(1 Registered California process server.
[1] Employee or independent contractor of a registered California process server.
[1 Exempt from registration under Business and Professions Code section 22350(b).
[1 Registered professional photocopier.
[1 Exempt from registration under Business and Professions Code section 22451.
Name, address, telephone number, and, if applicable, county of registration and number:
| declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only)
California that the foregoing is true and correct. I certify that the foregoing is true and correct.
Date: Date:
b >
(SIGNATURE) (SIGNATURE)
‘SUBP-010 [Rev. January 1, 2012] DEPOSITION SUBPOENA FOR PRODUCTION Page
2 of 2
OF BUSINESS RECORDS
Case Name: DAPHNE BELETSIS, et al. v. Case Number: 19CV03287
THETA CHI FRATERNITY, INC., et al.
ATTACHMENT 3
The records to be produced are described as follows:
1 All documents concerning any complaints or reports received by the University of
California, Santa Cruz (“UCSC”) related to allegations of violations of law and/or UCSC’s
Student Policies and Regulations Handbook by the Theta Iota Chapter of Theta Chi Fraternity
(hereinafter, “Chapter”), from January 1, 2013 to the present.
2 All documents and communications concerning any investigations by the UCSC into
allegations of violations of UCSC’s Student Policies and Regulations Handbook by the Chapter,
from January 1, 2013 to the present.
3 The “letter of potential action items” referenced in, and described as attached to, the
email sent by Tara Dunn, Director of Collegiate Services, Theta Chi Fraternity, Inc. (“Theta Chi
National”), to Clifford Golz, Assistant Dean of Students at UCSC, on or about April 27, 2016, at
4:36 PM. A copy of the April 27, 2016, email from Ms. Dunn to Assistant Dean Golz is attached
hereto as Exhibit A. The phrase “letter of potential action items” in Exhibit A has been
highlighted by the counsel for Plaintiffs for ease of reference.
4 All documents and communications concerning any investigation by the Chapter or Theta
Chi National into allegations of violations of UCSC’s Student Policies and Regulations
Handbook by the Chapter, from January 1, 2013 to the present.
5 All communications between UCSC personnel Clifford Golz, Katherine Canales, Lucy
Rojas, Brian Arao, Sayo Fujioka, Cory Fung, Francisco Galvan, Carmen Gutierrez, Arlan
Mendiola, Garrett Naiman, and/or Jose Sanchez, on the one hand, and any representative or
employee of Theta Chi National, on the other hand, including but not limited to Tara Dunn,
Jordan McGee, or Rory Vanlanot, from January 1, 2013 to the present.
6. All documents concerning any actual or potential suspension, sanction, probation,
revocation, ban on campus recruiting, expulsion, or any other disciplinary action taken by UCSC
against the Chapter related to allegations of violation of any provision of UCSC’s Student
Policies and Regulations Handbook, violation of California law, or violation of any other rules
or policies, from January 1, 2013 to the present.
7. All documents concerning any alleged violations of UCSC’s Student Policies and
Regulations Handbook or any other rules or policies, or violations of law, by the Chapter, from -
January 1, 2013 to the present.
8 All documents and communications concerning UCSC’s recognition of or relationship
with the Chapter and/or Theta Chi National from January 1, 2013 to the present.
9 All documents concerning communications between UCSC personnel Clifford Golz,
Katherine Canales, Lucy Rojas, Brian Arao, Sayo Fujioka, Cory Fung, Francisco Galvan,
Carmen Gutierrez, Arlan Mendiola, Garrett Naiman, and/or Jose Sanchez, on the one hand, and
any law enforcement agency, on the other hand, concerning the Chapter from January 1, 2013 to
the present.
10. All communication between any officer of the Chapter, on the one hand, and UCSC
personnel Brian Arao, Katherine Canales, Lucy Rojas, Sayo Fujioka, Cory Fung, Francisco
Galvan, Clifford Golz, Carmen Gutierrez, Arlan Mendiola, Garrett Naiman, and/or Jose Sanchez,
on the other hand, concerning: the Chapter; any investigation by UCSC or law enforcement
related to the Chapter; any sanction against the chapter; and/or Alexander Beletsis, from January:
1, 2013 to the present.
11. All documents and communications in the possession, custody or control of UCSC
personnel Brian Arao, Katherine Canales, Lucy Rojas, Sayo Fujioka, Cory Fung, Francisco
Galvan, Clifford Golz, Carmen Gutierrez, Arlan Mendiola, Garrett Naiman, and/or Jose Sanchez
concerning the death and/or hazing of Alexander Beletsis and/or any investigation undertaken by
UCSC related to the death and/or hazing of Alexander Beletsis.
12, All documents concerning any investigations or interviews, or findings made in
connection with any investigations or interviews, by UCSC relating to allegations of violations
of UCSC’s Student Policies and Regulations Handbook by the Chapter and/or its members or
pledges, from January 1, 2013 to the present.
13. Acomplete, un-redacted copy of the letter from Jose Sanchez, Assistant Dean of
Students, Conduct & Community Standards, UCSC, to the Chapter, dated April 3, 2019, and in
reference to Incident Number: 00013-001-2019 and Subject: Voluntary Resolution Agreement.
A redacted copy of the letter is attached hereto as Exhibit B.
14, Copies of all notes, audio or video recordings, witness statements, and other documents
collected, received, or generated by UCSC as part of the investigation described in the letter
from Jose Sanchez, Assistant Dean of Students, Conduct & Community Standards, UCSC, to the
Chapter, dated April 3, 2019, and in reference to Incident Number: 00013-001-2019 and Subject:
Voluntary Resolution Agreement, including but not limited to: internal Facebook post
creenshots received by Assistant Dean Sanchez; and meeting minutes on official Theta Chi
letterhead reviewed by Assistant Dean Sanchez.
15. A complete, un-redacted copy of the letter from Clifford Golz, Assistant Dean of
Students, UCSC, to the Chapter, dated May 5, 2016, and in reference to Incident Number:
00794-001-2016 and Subject: Voluntary Resolution Agreement. A redacted copy of the letter is
attached hereto as Exhibit C.
16. All documents and communications concerning the appeal made by the Chapter or any of
its members with respect to the Conduct Resolution 00794-001-2016 issued to the Chapter,
including any letters from representatives connected to the Chapter and/or Theta Chi National.
EXHIBIT A
Source: University of Califomia, Santa Cruz
Purpose: 10/18/18 Beletsis CPRA Request Page: 000052
—— —
=
Google Katherine Canales-Molina
Fwd: Theta Chi at UC Santa Cruz
I message
is
Clifford Golz ‘Wea, Apr 19, 2917 at 11:50 aM
‘To Katherine Canaies
7-~---- Forwardec message —————
From: Clifford Golz
Date: Thu, May 5, 201€ at 9.44 AM
Subject: Re: Theta Chi at UC Santa Cruz
Tor Tara Dunn| inet: ge
Cc Jordan Brews coy
Tara
Thanks tor the follow up & your patence
til be sending aleter today anc will make certain
to cc. you& Jordan on it,
Chit
On Thu, May 5, 2016 a: 6.40 Al Tara Dunn EE Gineiacny ora> wrote
Hey Clift
dust following up with you to see
it you might be close to @ decision? I know you must do your due diligence. I'm just lrying to check
in as we have some anxious alumni Again, | appreciate your help.
Thank you,
Tara Duan | ot
Prcinat 4
ane
%
fave
hs
THETACHI
ws FRATEANITS
ne
From: Tara Duan
‘Sent: Wednescay, Apni 27, 2018 4:36 PM
To: ‘cigo!z@ucse edu!
Cc: Jordan McGee
Subject: Theta Gh re ach o>
ata Cruz
Crit,
Thank you so much tor returning
my call It was great to have the opportunity to speak with you regarding UC Santa Cruz, Greek Lite
‘there, and the status of Theta Chi on campus currently. While | know you ate not in the posmion to make any promises regarding the
‘outcome of the conduct process, t do want to extend a hand to both the University and the Chapter in an effon to improve the
Chapter, thew relationship with the University as well as the Community as a whole. It 1s obwously my sincere hope that wa can
‘Source: University of California, Santa Cruz
Purpose: 10/18/18 Beletsis CPRA Request Page: 000083.
— 7 7
temamn on-camous and conhnue to recruit in order te accomplishths goal Our Chapter at UG Santa Cruz has a strong suppor base’
through thew alurrn: the intemational Headquarters and our Field Executive Program that supzort base utthzad and put Ic work
I nave auscneda ictter of poterhal actor dems thei we would pul info place once the nterm suspension 1s ited In aoditon
te the
achon items inctuded im this letter we would mirror any sanctioning put mta place by Ihe university (Social educaponal or
phtanthropre), in essence backing hose sencbons and providing SuppON to Our Chapter fo complete them Short of recruitment
sanctions, we would be open to whatever the university deemed acpropnate and would commut to supporting those with the time and
resources of our staff and alumni with myself as the marr point of contact
Again, thank you tor taking the nme to speak with me. Pieass lel re know if you have any questions
Sincerely
fara Dunn + : e
4 ih}
THETACHY
PRATEA v
Cy Gone
Assistant Gean of Studerts
Student Condiact and Gommunty Standards
Unwersty of Cavforria Sania Cruz
Hahn Student Services
1186 Migh Seet
Santa Cruz CA SE0R4
Conficenna: y Nonce Ths @-tral communscal.on and any attachments may contain confidentia: and privileged information If you are
notthe ntended reanents! you are hereny nobied that you have received this Communication in efror and that ary reaew, disclosure
dissemunatior distributor or copying of thus message cr its atlacnments is strictly prohibted if you have renewed this communicaticn
sf efor please nord) me mmedhately by replying to this message and deleting it fram your computer Thank your
Cut Golz
Pronouns Hertimibis
Assisiant Dean of Suderts
Student Conduct and Community Standards
University of Catiforna, Santa Cruz
Hahn Student Senices
‘SE Hign Street
Santa Cruz CA SS08S
Confhoettialty Nokee Ths e-mad communinarion and ary attachments may contain confidental and pivideged intormation Hf you are
notine mended recarentis) yOu are hereby notified that you have received tnls communication in error and thal any review disclosure:
sserq nation destitution ax copying of tres message cr its attachments is smetly prohibited If you have received this commun.cation
inerer Nease notfy me ummediately by replying to this message and deleting @ from your computer Thank you
EXHIBIT B
Purpose: 5/7/2019 Affirmative Disclosure to D. Beletsis Page: 000001
UNIVERSITY OF CALIFORNIA, SANTA CRUZ
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725
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BERKELEY
« DAVIS « IRVINE
* LOS ANGELES * MERCED «RIVERSIDE » SAN DIEGO * SAN FRANCISCO ) SANTA BARBARA * SANTA CRU
SS
SENT VIA UCSC EMAIL ACCOUNT
CONFIDENTIAL
Jose Sanchez
Hahn Student Services
April 03, 2019
Greek Letter Organizations - Theta Chi
clo Student Organization Contact Name
HR @ucsc.edu
SUBJECT: Voluntary Resolution Agreement
INCIDENT NUMBER: 00013-001-2019
Css ies. aaa
This letter serves to follow-up my findings regarding Greek Letter Organizations - Theta Chi
involvement in alleged violation(s) of University regulations reported to have occurred on or about
June 3, 2018. Following is the information available to me regarding this incident:
It was reported to the Student Conduct and Community Standards Office that Theta Chi
hosted two events on the same day and a member sustained a fatal injury at the second
event. Through follow up investigation, it has come to light the event may have included
hazing and other activities that pose a threat to the health and safety of participating students.
University jurisdiction extends off campus in cases of hazing and situations that pose a threat
to the health and safety of University community members.
Additionally, you have an obligation to keep this inquiry confidential as confidentiality are key
to maintaining the integrity of this investigation. Discussing this matter with anyone other than
me would be considered interfering with the investigation.
Purpose: 6/7/2019 Affirmative Disclosure to D. Beletsis Page: 000002
Taking into consideration the information | have regarding this incident, | have made the following
determination regarding alleged violations of the Student Policies and Regulations Handbook,
specifically you have been found responsible for:
102.08 (c): Conduct which constitutes a threat to the health or safety of any person;
102.02: Other forms of dishonesty, including but not limited to, fabricating information,
furnishing false information, or reporting a false emergency to the university;
102.12: Participation in hazing or any method of initiation or pre-initiation into a campus
organization or other activity engaged in by the organization or members of the organization at
any time that causes, or is likely to cause, physical injury or personal degradation or disgrace
resulting in psychological harm to any student or other person (See Appendix F);
102.17 Unlawful manufacture, distribution, dispensing, possession, use, or sale of, or the
attempted manufacture, distribution, dispensing, or sale of controlled substances, identified in
federal or state laws or regulations which includes, but is not limited to: (a): All Drug
Enforcement Administration (DEA) classified narcotics under schedules 1 through 5, such as:
Opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana (medicinal
marijuana is not allowed, nor is it a defense to a violation of any University policy or campus
rule); synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs
(barbiturates, Benzedrine); or all illegally obtained prescription drugs.
102.18 Manufacture, distribution, dispensing, possession, use, transport, or sale of, or the
attempted manufacture, distribution, dispensing, or sale of alcohol that is unlawful or otherwise
prohibited by, or not in compliance with, University policy or campus regulations. (a). The
illegal purchase of alcohol regardless of age, possession or use of alcohol by persons under
21 years of age and other violations of Federal or State law mentioned above;
My rationale includes: Pursuant to Code of Student Conduct Section 101.10, Jurisdiction, the
University is exercising jurisdiction over the off-campus incidents described in this letter because
the alleged misconduct includes hazing and distribution of controlled substances such as cocaine.
The alleged hazing at the beach includes forced participation in physical activity not part of an
“organized, voluntary athletic contest” and forced consumption of large amounts of alcohol. Theta
Chi also knowingly permitted a member to sell cocaine to students, and the organization
provided alcohol to students under the age of 21. The alleged misconduct, which includes but is
not limited to: hazing, physical assault, provision of alcohol to students under the age of 21, and
distribution of controlled substances, constitutes conduct that threatens the health and safety of
UCSC students. Because of the seriousness of the alleged misconduct, the risks of harm involved,
and the actual harm caused to UC Santa Cruz students, the campus is exercising jurisdiction over
this case.
FACTS
Pledge Crossover Ceremony, [ij Market Street, Santa Cruz
On June 3, 2018, your organization hosted two separate events for the Theta Chi pledge class of
Purpose: 6/7/2019 AMfirmative Disclosure to D. Beletsis Page: 600003
Spring 2018. The first event was a Pledge Crossover Ceremony held at an off-campus house on
Market Street which was exclusive to Theta Chi members. Theta Chi members who | will refer
io as Witnesses 1, 2, 3, and 4 corroborated that this house was inhabited by four Theta Chi .
members. At this Pledge Crossover Ceremony, which started at approximately 7 pm, Theta
Chi members read froma script and recited organizational history to the pledges. At approximately
9pm, members instructed pledges to form a circle. members then provided a bottle
of Jagermeister (alcohol) to the pledges, many of whom were under the legal drinking age of 21.
Pledges were then instructed to take a drink of the alcohol and make a toast. After everyone in the
circle took a drink of the Jagermeister and made a toast, the ceremony concluded around 9:30 pm.
Shortly afterward, the ceremony participants made their way to the Pledge Crossover Party at a
different location.
Pledge Crossover Party, ij Broadway, Santa Cruz
a
The second event was a Pledge Crossover Party held at an off-campus house at Broadway.
Witnesses 1, 2, 3, and 4 reported that four Theta Chi members lived in this house which
included the Theta Chi at the time of the incident id a past Theta Chi
information was further corroborated by , a resident of
eee ess 4. This event was not exclusive to Theta Chi members as opposed to the
Pledge Crossover Ceremony on Market Street. It is known that there were male non-members and
female students who attended this party. | interviewed party goers who reported that the pledges
were still in their shirts/ties, taking shots of alcohol, and toasting, “We are not going to get hazed
anymore”, “Now we can do this s| hit to other people.” At this Pledge Crossover Party, Theta
Chi member supplied the alcohol and was the designated barte: . Theta Chi
member was the ‘Risk Management’ designee. Witness 1 and 4 stated
provided cocaine heta Chi members and other party goers. Witness 1 reported
ine was flowing throughout the party.” The availability and easy access to cocaine and
alcohol at this party created a risk to the health and safety of UCSC students, including Theta Chi
members. One Theta Chi member, , who was under the age of 21, was given an
excessive amount of alcohol and ine. Witnesses 1 and 3 reported to me that Theta Chi
members gave shots of Vodka at the Pledge Crossover Ceremony, shots of Jagermeister
in the car on the way the Pledge Crossover Party, and various types of alcohol at the Pledge
Crossover Party. It was reported that, became extremely inebriated as a result of
consuming too much alcohol. Theta i member Witness 1 stated that was slurring
his words and acting drunk before the party started. Despite III being clea intoxicated,
was given cocaine by .
i
jewed Witness 1 who was present whet was given the cocaine. Witness 1 stated
that the Risk Mai nt Designee for the party and the former Theta
Chi were cocaine in 's bedroom. Specifically, then
gave aline of cocaine. Witness 1 stated thi immediately after sn ine of
cocaine he me incoherent and nervous. was advised by to go to the
as
bathroom and calm down. Witness 1 walked wi to the bathroom and saw him go into the
bathroom and lock the door. Within 5 minutes Witness ard screaming from downstairs. ~
Witness 1 ran downstairs into the alley and saw) motionless on the ground with blood on
his face. it was surmised by witness 1 that shortly after entered the bathroom he jumped
baa!
out of the second story bathroom window sustainii a fatal injury and ultimately died from his
injuries. Witnesses 1 and 3 stated to me that would have never jumped out of the second
7
Purpose; 6/7/2019 Affirmati ‘Disclosure to D. Belétsis Page: 000004
story window if he was not given cocaine.
Cocaine Distribution
Witness 4 stated he bought a gram of cocaine twice a month at the Broadway house for at least a
year prior to June 3, 2018. | also spoke with , the of Theta Chi at
the time of the incident, about Theta Chi's involvement with cocaine. stated he knew
was selling cocaine to members out of the Broadway house. stated he asked
to.stop selling cocaine but refused and kept selling cocaine to Theta Chi
bape
members. | then interviewed the of Theta Chi at the time of the incident
who was also a resident of the Broadway house. said he was fully aware that
sold cocaine to Theta Chi members, stated he tried to tell to stop selling cocaine
but refused to stop selling. stated that continued to sell cocaine
for at least six to nine months before stated to me, “If | would have tried to kick
out of Theta Chi for selling cocaine, | would have been laughed out of
25 to 50 percent of Theta Chi members use cocaine and think it is normal.” B oth
and could have reported this information to Theta Chi nationals, SOAR, the
cee:
of Student Conduct, UCPD, and/or SCPD during this six to nine month period. However, Theta Chi
chapter chose to conceal this information and perpetuate the use and sale of cocaine
by Theta Chi membership. Theta Chi’s cocaine distribution threatened the-health and safety of
students at Theta Chi events.
Hazing
This investigation also brought to light the hazing that the Spring 2018 Theta Chi pledge class was
forced to endure. The hazing includes forced participation in physical activity not part of an
“organized, voluntary athletic contest” and forced consumption of large amounts of alcohol. |
interviewed a Theta Chi member (Witness 2) who was in this pledge class and he shared his
hazing experience with me. He stated that the members tried to break down pledges
mentally through intimidation and by multiple members screaming in pledges faces. He and his
entire pledge class were forced to participate in ‘Beach Nights.’ He described this practice as being
forced to go to the beach at 3AM and-do push ups and sprints until failure. If a pledge did not have
the physical ability to execute the exercises they would be called “pussy” and “faggot”. One pledge
happened to be of Jewish descent and when he could not do the exercices he was called “Jewish
Fag.” Another pledge was forced to do pushups on the rocks at the lighthouse which ultimately cut
his hands. Witness 2 stated that members would also force pledges to drink alcohol. One
pledge was forced to drink so much alcohol until he vornited while [ij members yelled, “Come
on, drink more." Another pledge who could not drink as much was forced to do push ups while
= members threw water on him. Witness 2 also stated that they were all taken into a
sement at the River Street house and at the Broadway house where there weren't any interior
door knobs. They were instructed to get into a circle and keep their eyes closed. They were forced
to recite organizational traditions and when a pledge could not remember they were slapped,
pinched, had their ears flicked, and had pencils thrown at their chests. Witness 2 reported that he
Saat)
could not remember an organizational tradition and he was slapped on the back of his head. In
another instance, members ) and ) yelled ina
pledge’s face until he cried. On another day, itness 2 stated pledges were made to jump in the
fountain at Cowell and run around shirtless.
-
Purpose: 8/7/2019 Affirmative
Dis re to D. Beletsis Page: 000005
| also interviewed Witness 1 who was part of the Fall 2017 pledge class and he described similar
demeaning and hazing treatment. He also described ‘Beach Nights’ as being extremely difficult
and stated that pledges were demeaned when they could not do the exercises. This individual
stated that when he could not do any more sprints, the brothers yelled at him, “You mother fucker,
you are weak!” “Don't be a Jew, don't puss out of this!” It is worth noting that “Beach Nights” and
other hazing activities were corroborated by a Theta Chi EN EE (Witness 5) who witnessed
this behavior.
Dishonesty
During the course of this investigation, | placed Theta Chi on interim suspension on January 9,
2019, which included the directive to cease all organizational activities such as meetings, events,
fundraising, recruitment, and parties. | also gave the directive not to interfere with this investigation
in any way and specifically not to issue ‘gag orders’ that discourage members from participating in
this investigation, and not to retaliate against members that participate.
At the request of Theta Chi and , we
met on February 1, 2019 at 12:00 pm. In this meeting, we spoke about the possible retention of
Theta Chi as an organization at UCSC. and also assured me that Theta Chi
was complying with the mandates stipulated in the interim suspension. and
stated that Theta Chi has not had any parties, organizational meetings, issued any ‘gag orders’ to
Theta Chi membership since the interim suspension was issued on January 9, 2019.
However, Theta Chi chose to disregard all of the aforementioned directives. | received Theta Chi
internal Facebook post screenshots that proved this failure to comply with the provisions of the
interim suspension and took active measures to undermine the University's investigation. On
January 15, 2019 at 7:36 pm, Theta Chi and
instructed all members on Facebook to, “Keep your fucking mouth shut about the entire situation!”
“Fuck every single one of you guys, its not SOAR it’s not the school it’s you fucking faggots!” “Do
me and yourself a favor and SHUT THE FUCK UP!” | also received meeting minutes on official
Theta Chi letterhead dated four days after | issued the interim suspension. This meeting was dated
January 13, 2019 and highlighted statements, “Crucial not to provide information.” “The university
does not have much information.” “I don’t know is an intelligent answer” “We are being supported
by our nationals.” “JA Party is still pending.” | received a corresponding internal Facebook post
screenshot regarding this meeting dated January 13, 2019 at 12:34pm. This post instructed all
members to go to the meeting and that attendance was mandatory. These internal Facebook posts
also included information about parties at the Theta Chi house on Columbia Street, information
about hazing and demeaning pledges, and fundraising.
On February 15, 2019 at 12:30 pm, | met again with Theta Chi and
and gave them the opportunity to respond to the FaceBook post
screenshots. Their responses were dismissive of the documented ‘gag order’ and official Theta Chi
meeting minutes. They stated and were just angry when they issued the ‘gag order’.
They also stated there wasn't a difference between calling a mandatory organizational meeting and
speaking to Theta Chi membership one by one. This meeting concluded prematurely as Theta Chi
became very angry that the Office of Student Conduct was in
Purpose: 5/7/2019 Affirmative Disclosure to D. Beletsis, Page: 000008
possession of these screenshots because he considered these confidential. Ultimately, JNJ had
to be asked to leave multiple times until finally Theta Chi yelled a firm
directive for to IM leave. To reiterate, Theta Chiconfirmed that they did calla
mandatory meeting to discuss what members should say and not say to university administrators
on January 13, 2019. They also confirmed that the documented ‘gag order’ was issued on January
15, 2019 from i EY out of anger.
PRIOR DISCIPLINE
Disciplinary Probation: Theta Chi was placed on disciplinary probation for one year on February
11, 2015 for violating the following policies:
102.18 Manufacture, distribution, dispensing, possession, use, transport, or sale of, or the
attempted manufacture, distribution, dispensing, or sale of alcoho! that is unlawful or otherwise
prohibited by, or not in compliance with, University policy or campus regulations. (a). The illegal
purchase of alcohol regardless of age, possession or use of alcohol by persons under 21 years of
age and other violations of Federal or State law mentioned above;
102.13 Obstruction or disruption of teaching, research, administration, disciplinary procedures, or
other University activities;
102.16 Failure to identify oneself to, or comply with directions of, a University official or other public
official acting in the performance of their duties while on University property or at official University
functions, or resisting or obstructing such University or other public officials in the performance of
or the attempt to perform their duties.
102.35 Violation of any other University policy or campus regulation.
Suspension: Theta Chi was issued a one year suspension on May 5, 2016 for similar behavior.
Theta Chi was found responsible for violating the following policies:
402.08 (c): Conduct which constitutes a threat to the health or safety of any person;
402.18 Manufacture, distribution, dispensing, possession, use, transport, or sale of, or the
attempted manufacture, distribution, dispensing, or sale of alcohol that is unlawful or otherwise
prohibited by, or not in compliance with, University policy or campus regulations. (a). The illegal
purchase of alcohol regardless of age, possession or use of alcohol by persons under 21 years of
age and other violations of Federal or State law mentioned above;
102.37 Commission of a public offense under any federal, state, and local laws occurring off
campus may subject violators to campus discipline procedures as well as any civil or criminal
action that may be taken;
102.15: Participation in a disturbance of the peace or unlawful assembly;
Interim Discipline: During the course of the investigation of the current incident, | placed Theta Chi
on interim suspension on January 9, 2019 which included the directive to cease all organizational
Purpose: 5/7/2019 Affirmative Disclosure to D. Bolotsis Page: 000007
activities such as meetings, events, fundraising, recruitment, and parties.
FINDINGS:
When considering all of the circumstances, | believe that there is a preponderance of evidence
supporting the finding that Theta Chi was in violation of the following Code of Student Conduct
standards:
1, 102.08 Conduct, which constitutes:
a. Physical abuse including but not limited to physical assault; b. threats of violence; c. or other
conduct that threatens the health or safety of any person.
The treatment of Theta Chi member supports the finding of this violation.
was given shots of vodka at the Pledge Crossover Ceremony, shots of Jagermeister in the
car on the way to the Pledge Crossover Party, and various types of alcohol at the Pledge
Crossover Party by Theta Chi members. A Theta Chi member (Witness 1) stated that
was.slurring his words and acting drunk before the party started. Despite being
clearly intoxicated, [INN was given cocaine by . Witness 1 stated that immediately
after snorted the line of cocaine he became incoherent and nervous. was advised
by to go to the bathroom and calm down. Witness 1 walked with to the
bathroom and saw him go into the bathroom and lock the door. Within 5 minutes witness 1 heard
screaming from downstairs. Witness 1 ran downstairs into the alley and saw motionless on
the ground with blood on his face. It was ascertained by Witness 1 that shortly after
entered the bathroom he jumped out of the second story bathroom window sustaining a fatal injury
and ultimately died from his injuries. Theta Chi members (Witnesses 1 and 3) stated to me that
would have never jumped out of the second story window if he was not given cocaine.
It was reported by Witness 2 that the [jij members tried to break down pledges mentally
through intimidation. He and his entire pledge class were forced to participate in ‘Beach Nights’,
described as being forced to go to the beach at 3AM and do push-ups and sprints until failure.
Pledges were then called various slurs if they couldn't do the exercises. Witness 2 reported that
another pledge was forced to do pushups on the rocks at the lighthouse which ultimately cut his
hands. Witness 2 stated that they were forced to recite organizational traditions and when a pledge
could not remember they were slapped, pinched, had their ears flicked, and had pencils thrown at
their chests. In another instance, members and
yelled ina pledge’s face until he cried. Theta Chi member (Witness 1) who was part of the Fall
2017 pledge class and he described similar demeaning and hazing treatment. He also described
‘Beach Nights’ as being extremely difficult and stated that pledges were demeaned when they
could nat do the exercises.
| also interviewed Witness 1 who was part of the Fall 2017 pledge class and he described similar
demeaning and hazing treatment. He also described 'Beach Nights’ as being extremely difficult
and stated that pledges were demeaned when they could not do the exercises. This individual
stated that when he could not do any more sprints, the brothers yelled at him, “You mother fucker,
you are weak!" “Don't be a Jew, don't puss out of this!” It is worth noting that “Beach Nights" and
other hazing activities were corroborated by a Theta Chi [iE EEE (witness 5) who witnessed
this behavior.
Purpose:5/7/2019 Affirmative Disclosure to D. Beletsis Page’ 000008
A preponderance of evidence supports the finding that Theta Chi’s activity on June 3, 2018 .
threatened the health and safety of . Theta Chi’s conduct at Beach Nights in the fall of
2017 and spring of 2018 also consti es a ion of this standard.
2. 102.17 Unlawful manufacture, distribution, dispensing, possession, use, transport , transfer,
orsale of, or the attempted manufacture, distribution, dispensing, or sale of controlled
substances, identified in federal or state laws or regulations which includes, but is not limited to:a.
All Drug Enforcement Administration (DEA) classified narcotics underschedules 1 through 5, such
as: Opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana (medicinal
marijuana is not allowed, nor is it a defense to a violation of any University policy or campus
rule);synthetic narcotics (Demerol, methadone); and dangerous nonnarcotic drugs(barbiturates,
Benzedrine); or ail illegally obtained prescription drugs.
Theta Chi members (Witness 1 and 4) stated that the Theta Chi pas' , who
lived at the house, provided cocaine to Theta Chi members and other party goers on June 3, 2018
at the pledge crossover party. Theta Chi member (Witness 1) reported that, “Cocaine was flowing
a
throughout the .” Witness 1 stated that he witnessed multiple Theta Chi members buying
cocaine from and he himself bought a half of gram of cocaine for $30 from . Theta Chi
member (witness 4) was present at the party stated he bought a gram of cocaine $70 from
. Witness 1 also reported that the who was the Risk
Management Designee for this was also Ing cocaine in 's
room. Former and former, admitted that
they knew ‘was Selling cocaine out of the Broadway house t at least six to nine months
before this occurred. They refused to report Theta Chi's cocaine involvement because man
members use cocaine and think it is normal. Witness 1 observed giving
cocaine. Witness 4 stated he bought a gram of cocaine twice a month at e@ Broadway
at least a year prior to June 3, 2018. There is a preponderance of evidence to support that
university drug policy was violated.
3. 102.18 Manufacture, distribution, dispensing, possession, use, transport , transfer, or sale of,
orthe attempted manufacture, distribution, dispensing, or sale of alcohol that is unlawful or
otherwise prohibited by, or not in compliance with, University policy or campus regulations. a. The
illegal purchase of alcohol regardless of age, possession or use of alcohol by persons under:21
years of age and other violations of Federal or State law mentioned above.
Theta Chi members itnesses 1, 2, & 3) reported to me that at the Pledge Crossover Ceremony
on Market Street, members provided a bottle of Jagermeister (alcohol) to the pledges, many
of whom were under legal drinking age of 21. Pledges were then instructed to take a drink of
the alcohol and make a toast. At the Pledge Crossover Party, Witness 2 stated that member
supplied the alcohol for this party and was the designated barten
eta Chi members gave: shots of Vodka at the Pledge Crossover Ceremony, “oie
Jagermeister in the car on e way to the Pledge Crossover Party, and various types of alcohol at
the Pledge Crossover Party. It was reported that| became extremely inebriated as a result
of consuming too much alcohol. Witness 1 stated at was slurting his words and acting
drunk before the party started.
Purpose: 5/7/2019 Affirmative Disclosure to D, Boletsis Page: 000009
It was also reported that pledges in the Spring 2018 pledge class were coerced to drink excessive
amounts of alcehol. Witness 2 stated that members would also force pledges to drink
alcohol. One pledge was forced to drink so much alcohol until he vomited while members
yelled, “Come on, drink-more." Another pledge who could not drink as much was forced to do push
ups while members threw water on him. it is more likely than not that Theta Chi violated
university policies regarding alcohol during these two events and during hazing activities.
4. 102.12 Participation in hazing or any method of initiation or preinitiation into a campus
organization or other activity engaged in by the organization or members of the organization at any
time that causes, or is likely to cause, physical injury or personal degradation or disgrace resulting
in psychological harm to any student or other person ( See also Appendix F for Anti-Hazing Policy.)
Witne
Preview
Law Offices of MATHENY SEARS LINKERT & JAIME, LLP MATTHEW C. JAIME (SBN 140340: ELECTRONICALLY FILED ROBERT W. SWEETIN (SBN 297130) Superior Court of California 3638 American River Drive County of Santa Cruz Sacramento, California 95864 7/30/2020 6:12 PM Telephone: (916) 978-3434 Facsimile: (916) 978-3430 Alex Calvo, Clerk By/Wraceli ila py mjaime@mathenysears.com rsweetin@mathenysears.com Attorneys for Defendant, CHRISTOPHER GUEVARA (See Next Page for Additional Counsel) SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SANTA CRUZ 89 Attorneys for MOISES GARCIA 16 Derek H. Lim (SBN 209496 17 DEMLER, ARMSTRONG & ROWLAND, LLP 18 1350 Treat Blvd, Suite 400 Walnut Creek, CA 94597 19 Telephone: (415) 949-1900 lim@darlaw.com 20 Attorneys for Defendant BRADLEY VISACKI 21 Ray Tamaddon (SBN 144494) 22 Hinshaw & Culbertson, LLP 11601 Wilshire Blvd., Suite 800 23 Los Angeles, CA 90025 Telephone: (310) 909-800 24 rtamaddon@hinshawlaw.com 25 Attorneys for Defendant ZACHARY NASH DAVIS 26 27 28 DECLARATION OF ROBERT W. SWEETIN IN SUPPORT OF THE STUDENT DEFENDANTS’ JOINT MOTION TO QUASH SUBPOENA TO UC SANTA CRUZ I, ROBERT W. SWEETIN, declare as follows: 1 I am an attomey at law duly licensed to practice before all courts of the State of California. I am a partner at Matheny, Sears, Linkert & Jaime, LLP, attorneys of record for defendant CHRISTOPHER GUEVARA. I have personally worked on this case and I have personal knowledge of the matters set forth in this declaration, and if called as a witness, I could and would competently testify to those matters. 2. On October 31, 2019, DAPHNE BELETSIS, individually, and as Administrator of the Estate of ALEXANDER BELETSIS, and YVONNE RAINEY, surviving parent of ALEXANDER BELETSIS, deceased; (“Plaintiffs”) filed this instant action. Attached hereto as 10 Exhibit 1 is a true and correct copy of the Complaint filed in this matter on October 31, 2019. Sw 338 11 Plaintiffs filed a First Amended Complaint on February 5, 2020. Attached hereto as Exhibit 2 is a OR beeZ 12 true and correct copy of the First Amended Complaint. ow a6 On week QZ, rs 13 3 Generally, the FAC alleges that Decedent Alexander Beletsis was a member of the ras azo ewe 14 Theta Chi Fraternity at the University of California, Santa Cruz. On or June 3, 2018, suffered fatal /s/ Ivo Labar, Esq. (SIGNATURE OF PERSON ISSUING SUBPOENA) (TYPE OR PRINT NAME) Attorney for Plaintiffs (Proof of service on page two) (TITLE) Page one of two Form Ad ied for Mandatory Use Judicial Council of Califomia SUBP-010 [Rev. January 1, 2012] DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS Code of Civil Procedure, 6 ee -2020.410-2020.440; vil Code, Government Code '$U396539-01/CPROOF 105 www. TristarSoftware.com SUBP.010 L PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS 1. | served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. (1) [] Witness fees were pai Amount: (2) J Copying fees were paid. Amount: f. Fee for service: 21 received this subpoena for service on (date): 3. Person serving: [) Nota registered California process server. [1 California sheriff or marshal. (1 Registered California process server. [1] Employee or independent contractor of a registered California process server. [1 Exempt from registration under Business and Professions Code section 22350(b). [1 Registered professional photocopier. [1 Exempt from registration under Business and Professions Code section 22451. Name, address, telephone number, and, if applicable, county of registration and number: | declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only) California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: b > (SIGNATURE) (SIGNATURE) ‘SUBP-010 [Rev. January 1, 2012] DEPOSITION SUBPOENA FOR PRODUCTION Page 2 of 2 OF BUSINESS RECORDS Case Name: DAPHNE BELETSIS, et al. v. Case Number: 19CV03287 THETA CHI FRATERNITY, INC., et al. ATTACHMENT 3 The records to be produced are described as follows: 1 All documents concerning any complaints or reports received by the University of California, Santa Cruz (“UCSC”) related to allegations of violations of law and/or UCSC’s Student Policies and Regulations Handbook by the Theta Iota Chapter of Theta Chi Fraternity (hereinafter, “Chapter”), from January 1, 2013 to the present. 2 All documents and communications concerning any investigations by the UCSC into allegations of violations of UCSC’s Student Policies and Regulations Handbook by the Chapter, from January 1, 2013 to the present. 3 The “letter of potential action items” referenced in, and described as attached to, the email sent by Tara Dunn, Director of Collegiate Services, Theta Chi Fraternity, Inc. (“Theta Chi National”), to Clifford Golz, Assistant Dean of Students at UCSC, on or about April 27, 2016, at 4:36 PM. A copy of the April 27, 2016, email from Ms. Dunn to Assistant Dean Golz is attached hereto as Exhibit A. The phrase “letter of potential action items” in Exhibit A has been highlighted by the counsel for Plaintiffs for ease of reference. 4 All documents and communications concerning any investigation by the Chapter or Theta Chi National into allegations of violations of UCSC’s Student Policies and Regulations Handbook by the Chapter, from January 1, 2013 to the present. 5 All communications between UCSC personnel Clifford Golz, Katherine Canales, Lucy Rojas, Brian Arao, Sayo Fujioka, Cory Fung, Francisco Galvan, Carmen Gutierrez, Arlan Mendiola, Garrett Naiman, and/or Jose Sanchez, on the one hand, and any representative or employee of Theta Chi National, on the other hand, including but not limited to Tara Dunn, Jordan McGee, or Rory Vanlanot, from January 1, 2013 to the present. 6. All documents concerning any actual or potential suspension, sanction, probation, revocation, ban on campus recruiting, expulsion, or any other disciplinary action taken by UCSC against the Chapter related to allegations of violation of any provision of UCSC’s Student Policies and Regulations Handbook, violation of California law, or violation of any other rules or policies, from January 1, 2013 to the present. 7. All documents concerning any alleged violations of UCSC’s Student Policies and Regulations Handbook or any other rules or policies, or violations of law, by the Chapter, from - January 1, 2013 to the present. 8 All documents and communications concerning UCSC’s recognition of or relationship with the Chapter and/or Theta Chi National from January 1, 2013 to the present. 9 All documents concerning communications between UCSC personnel Clifford Golz, Katherine Canales, Lucy Rojas, Brian Arao, Sayo Fujioka, Cory Fung, Francisco Galvan, Carmen Gutierrez, Arlan Mendiola, Garrett Naiman, and/or Jose Sanchez, on the one hand, and any law enforcement agency, on the other hand, concerning the Chapter from January 1, 2013 to the present. 10. All communication between any officer of the Chapter, on the one hand, and UCSC personnel Brian Arao, Katherine Canales, Lucy Rojas, Sayo Fujioka, Cory Fung, Francisco Galvan, Clifford Golz, Carmen Gutierrez, Arlan Mendiola, Garrett Naiman, and/or Jose Sanchez, on the other hand, concerning: the Chapter; any investigation by UCSC or law enforcement related to the Chapter; any sanction against the chapter; and/or Alexander Beletsis, from January: 1, 2013 to the present. 11. All documents and communications in the possession, custody or control of UCSC personnel Brian Arao, Katherine Canales, Lucy Rojas, Sayo Fujioka, Cory Fung, Francisco Galvan, Clifford Golz, Carmen Gutierrez, Arlan Mendiola, Garrett Naiman, and/or Jose Sanchez concerning the death and/or hazing of Alexander Beletsis and/or any investigation undertaken by UCSC related to the death and/or hazing of Alexander Beletsis. 12, All documents concerning any investigations or interviews, or findings made in connection with any investigations or interviews, by UCSC relating to allegations of violations of UCSC’s Student Policies and Regulations Handbook by the Chapter and/or its members or pledges, from January 1, 2013 to the present. 13. Acomplete, un-redacted copy of the letter from Jose Sanchez, Assistant Dean of Students, Conduct & Community Standards, UCSC, to the Chapter, dated April 3, 2019, and in reference to Incident Number: 00013-001-2019 and Subject: Voluntary Resolution Agreement. A redacted copy of the letter is attached hereto as Exhibit B. 14, Copies of all notes, audio or video recordings, witness statements, and other documents collected, received, or generated by UCSC as part of the investigation described in the letter from Jose Sanchez, Assistant Dean of Students, Conduct & Community Standards, UCSC, to the Chapter, dated April 3, 2019, and in reference to Incident Number: 00013-001-2019 and Subject: Voluntary Resolution Agreement, including but not limited to: internal Facebook post creenshots received by Assistant Dean Sanchez; and meeting minutes on official Theta Chi letterhead reviewed by Assistant Dean Sanchez. 15. A complete, un-redacted copy of the letter from Clifford Golz, Assistant Dean of Students, UCSC, to the Chapter, dated May 5, 2016, and in reference to Incident Number: 00794-001-2016 and Subject: Voluntary Resolution Agreement. A redacted copy of the letter is attached hereto as Exhibit C. 16. All documents and communications concerning the appeal made by the Chapter or any of its members with respect to the Conduct Resolution 00794-001-2016 issued to the Chapter, including any letters from representatives connected to the Chapter and/or Theta Chi National. EXHIBIT A Source: University of Califomia, Santa Cruz Purpose: 10/18/18 Beletsis CPRA Request Page: 000052 —— — = Google Katherine Canales-Molina Fwd: Theta Chi at UC Santa Cruz I message is Clifford Golz ‘Wea, Apr 19, 2917 at 11:50 aM ‘To Katherine Canaies 7-~---- Forwardec message ————— From: Clifford Golz Date: Thu, May 5, 201€ at 9.44 AM Subject: Re: Theta Chi at UC Santa Cruz Tor Tara Dunn| inet: ge Cc Jordan Brews coy Tara Thanks tor the follow up & your patence til be sending aleter today anc will make certain to cc. you& Jordan on it, Chit On Thu, May 5, 2016 a: 6.40 Al Tara Dunn EE Gineiacny ora> wrote Hey Clift dust following up with you to see it you might be close to @ decision? I know you must do your due diligence. I'm just lrying to check in as we have some anxious alumni Again, | appreciate your help. Thank you, Tara Duan | ot Prcinat 4 ane % fave hs THETACHI ws FRATEANITS ne From: Tara Duan ‘Sent: Wednescay, Apni 27, 2018 4:36 PM To: ‘cigo!z@ucse edu! Cc: Jordan McGee Subject: Theta Gh re ach o> ata Cruz Crit, Thank you so much tor returning my call It was great to have the opportunity to speak with you regarding UC Santa Cruz, Greek Lite ‘there, and the status of Theta Chi on campus currently. While | know you ate not in the posmion to make any promises regarding the ‘outcome of the conduct process, t do want to extend a hand to both the University and the Chapter in an effon to improve the Chapter, thew relationship with the University as well as the Community as a whole. It 1s obwously my sincere hope that wa can ‘Source: University of California, Santa Cruz Purpose: 10/18/18 Beletsis CPRA Request Page: 000083. — 7 7 temamn on-camous and conhnue to recruit in order te accomplishths goal Our Chapter at UG Santa Cruz has a strong suppor base’ through thew alurrn: the intemational Headquarters and our Field Executive Program that supzort base utthzad and put Ic work I nave auscneda ictter of poterhal actor dems thei we would pul info place once the nterm suspension 1s ited In aoditon te the achon items inctuded im this letter we would mirror any sanctioning put mta place by Ihe university (Social educaponal or phtanthropre), in essence backing hose sencbons and providing SuppON to Our Chapter fo complete them Short of recruitment sanctions, we would be open to whatever the university deemed acpropnate and would commut to supporting those with the time and resources of our staff and alumni with myself as the marr point of contact Again, thank you tor taking the nme to speak with me. Pieass lel re know if you have any questions Sincerely fara Dunn + : e 4 ih} THETACHY PRATEA v Cy Gone Assistant Gean of Studerts Student Condiact and Gommunty Standards Unwersty of Cavforria Sania Cruz Hahn Student Services 1186 Migh Seet Santa Cruz CA SE0R4 Conficenna: y Nonce Ths @-tral communscal.on and any attachments may contain confidentia: and privileged information If you are notthe ntended reanents! you are hereny nobied that you have received this Communication in efror and that ary reaew, disclosure dissemunatior distributor or copying of thus message cr its atlacnments is strictly prohibted if you have renewed this communicaticn sf efor please nord) me mmedhately by replying to this message and deleting it fram your computer Thank your Cut Golz Pronouns Hertimibis Assisiant Dean of Suderts Student Conduct and Community Standards University of Catiforna, Santa Cruz Hahn Student Senices ‘SE Hign Street Santa Cruz CA SS08S Confhoettialty Nokee Ths e-mad communinarion and ary attachments may contain confidental and pivideged intormation Hf you are notine mended recarentis) yOu are hereby notified that you have received tnls communication in error and thal any review disclosure: sserq nation destitution ax copying of tres message cr its attachments is smetly prohibited If you have received this commun.cation inerer Nease notfy me ummediately by replying to this message and deleting @ from your computer Thank you EXHIBIT B Purpose: 5/7/2019 Affirmative Disclosure to D. Beletsis Page: 000001 UNIVERSITY OF CALIFORNIA, SANTA CRUZ why d 725 Ww is BERKELEY « DAVIS « IRVINE * LOS ANGELES * MERCED «RIVERSIDE » SAN DIEGO * SAN FRANCISCO ) SANTA BARBARA * SANTA CRU SS SENT VIA UCSC EMAIL ACCOUNT CONFIDENTIAL Jose Sanchez Hahn Student Services April 03, 2019 Greek Letter Organizations - Theta Chi clo Student Organization Contact Name HR @ucsc.edu SUBJECT: Voluntary Resolution Agreement INCIDENT NUMBER: 00013-001-2019 Css ies. aaa This letter serves to follow-up my findings regarding Greek Letter Organizations - Theta Chi involvement in alleged violation(s) of University regulations reported to have occurred on or about June 3, 2018. Following is the information available to me regarding this incident: It was reported to the Student Conduct and Community Standards Office that Theta Chi hosted two events on the same day and a member sustained a fatal injury at the second event. Through follow up investigation, it has come to light the event may have included hazing and other activities that pose a threat to the health and safety of participating students. University jurisdiction extends off campus in cases of hazing and situations that pose a threat to the health and safety of University community members. Additionally, you have an obligation to keep this inquiry confidential as confidentiality are key to maintaining the integrity of this investigation. Discussing this matter with anyone other than me would be considered interfering with the investigation. Purpose: 6/7/2019 Affirmative Disclosure to D. Beletsis Page: 000002 Taking into consideration the information | have regarding this incident, | have made the following determination regarding alleged violations of the Student Policies and Regulations Handbook, specifically you have been found responsible for: 102.08 (c): Conduct which constitutes a threat to the health or safety of any person; 102.02: Other forms of dishonesty, including but not limited to, fabricating information, furnishing false information, or reporting a false emergency to the university; 102.12: Participation in hazing or any method of initiation or pre-initiation into a campus organization or other activity engaged in by the organization or members of the organization at any time that causes, or is likely to cause, physical injury or personal degradation or disgrace resulting in psychological harm to any student or other person (See Appendix F); 102.17 Unlawful manufacture, distribution, dispensing, possession, use, or sale of, or the attempted manufacture, distribution, dispensing, or sale of controlled substances, identified in federal or state laws or regulations which includes, but is not limited to: (a): All Drug Enforcement Administration (DEA) classified narcotics under schedules 1 through 5, such as: Opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana (medicinal marijuana is not allowed, nor is it a defense to a violation of any University policy or campus rule); synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine); or all illegally obtained prescription drugs. 102.18 Manufacture, distribution, dispensing, possession, use, transport, or sale of, or the attempted manufacture, distribution, dispensing, or sale of alcohol that is unlawful or otherwise prohibited by, or not in compliance with, University policy or campus regulations. (a). The illegal purchase of alcohol regardless of age, possession or use of alcohol by persons under 21 years of age and other violations of Federal or State law mentioned above; My rationale includes: Pursuant to Code of Student Conduct Section 101.10, Jurisdiction, the University is exercising jurisdiction over the off-campus incidents described in this letter because the alleged misconduct includes hazing and distribution of controlled substances such as cocaine. The alleged hazing at the beach includes forced participation in physical activity not part of an “organized, voluntary athletic contest” and forced consumption of large amounts of alcohol. Theta Chi also knowingly permitted a member to sell cocaine to students, and the organization provided alcohol to students under the age of 21. The alleged misconduct, which includes but is not limited to: hazing, physical assault, provision of alcohol to students under the age of 21, and distribution of controlled substances, constitutes conduct that threatens the health and safety of UCSC students. Because of the seriousness of the alleged misconduct, the risks of harm involved, and the actual harm caused to UC Santa Cruz students, the campus is exercising jurisdiction over this case. FACTS Pledge Crossover Ceremony, [ij Market Street, Santa Cruz On June 3, 2018, your organization hosted two separate events for the Theta Chi pledge class of Purpose: 6/7/2019 AMfirmative Disclosure to D. Beletsis Page: 600003 Spring 2018. The first event was a Pledge Crossover Ceremony held at an off-campus house on Market Street which was exclusive to Theta Chi members. Theta Chi members who | will refer io as Witnesses 1, 2, 3, and 4 corroborated that this house was inhabited by four Theta Chi . members. At this Pledge Crossover Ceremony, which started at approximately 7 pm, Theta Chi members read froma script and recited organizational history to the pledges. At approximately 9pm, members instructed pledges to form a circle. members then provided a bottle of Jagermeister (alcohol) to the pledges, many of whom were under the legal drinking age of 21. Pledges were then instructed to take a drink of the alcohol and make a toast. After everyone in the circle took a drink of the Jagermeister and made a toast, the ceremony concluded around 9:30 pm. Shortly afterward, the ceremony participants made their way to the Pledge Crossover Party at a different location. Pledge Crossover Party, ij Broadway, Santa Cruz a The second event was a Pledge Crossover Party held at an off-campus house at Broadway. Witnesses 1, 2, 3, and 4 reported that four Theta Chi members lived in this house which included the Theta Chi at the time of the incident id a past Theta Chi information was further corroborated by , a resident of eee ess 4. This event was not exclusive to Theta Chi members as opposed to the Pledge Crossover Ceremony on Market Street. It is known that there were male non-members and female students who attended this party. | interviewed party goers who reported that the pledges were still in their shirts/ties, taking shots of alcohol, and toasting, “We are not going to get hazed anymore”, “Now we can do this s| hit to other people.” At this Pledge Crossover Party, Theta Chi member supplied the alcohol and was the designated barte: . Theta Chi member was the ‘Risk Management’ designee. Witness 1 and 4 stated provided cocaine heta Chi members and other party goers. Witness 1 reported ine was flowing throughout the party.” The availability and easy access to cocaine and alcohol at this party created a risk to the health and safety of UCSC students, including Theta Chi members. One Theta Chi member, , who was under the age of 21, was given an excessive amount of alcohol and ine. Witnesses 1 and 3 reported to me that Theta Chi members gave shots of Vodka at the Pledge Crossover Ceremony, shots of Jagermeister in the car on the way the Pledge Crossover Party, and various types of alcohol at the Pledge Crossover Party. It was reported that, became extremely inebriated as a result of consuming too much alcohol. Theta i member Witness 1 stated that was slurring his words and acting drunk before the party started. Despite III being clea intoxicated, was given cocaine by . i jewed Witness 1 who was present whet was given the cocaine. Witness 1 stated that the Risk Mai nt Designee for the party and the former Theta Chi were cocaine in 's bedroom. Specifically, then gave aline of cocaine. Witness 1 stated thi immediately after sn ine of cocaine he me incoherent and nervous. was advised by to go to the as bathroom and calm down. Witness 1 walked wi to the bathroom and saw him go into the bathroom and lock the door. Within 5 minutes Witness ard screaming from downstairs. ~ Witness 1 ran downstairs into the alley and saw) motionless on the ground with blood on his face. it was surmised by witness 1 that shortly after entered the bathroom he jumped baa! out of the second story bathroom window sustainii a fatal injury and ultimately died from his injuries. Witnesses 1 and 3 stated to me that would have never jumped out of the second 7 Purpose; 6/7/2019 Affirmati ‘Disclosure to D. Belétsis Page: 000004 story window if he was not given cocaine. Cocaine Distribution Witness 4 stated he bought a gram of cocaine twice a month at the Broadway house for at least a year prior to June 3, 2018. | also spoke with , the of Theta Chi at the time of the incident, about Theta Chi's involvement with cocaine. stated he knew was selling cocaine to members out of the Broadway house. stated he asked to.stop selling cocaine but refused and kept selling cocaine to Theta Chi bape members. | then interviewed the of Theta Chi at the time of the incident who was also a resident of the Broadway house. said he was fully aware that sold cocaine to Theta Chi members, stated he tried to tell to stop selling cocaine but refused to stop selling. stated that continued to sell cocaine for at least six to nine months before stated to me, “If | would have tried to kick out of Theta Chi for selling cocaine, | would have been laughed out of 25 to 50 percent of Theta Chi members use cocaine and think it is normal.” B oth and could have reported this information to Theta Chi nationals, SOAR, the cee: of Student Conduct, UCPD, and/or SCPD during this six to nine month period. However, Theta Chi chapter chose to conceal this information and perpetuate the use and sale of cocaine by Theta Chi membership. Theta Chi’s cocaine distribution threatened the-health and safety of students at Theta Chi events. Hazing This investigation also brought to light the hazing that the Spring 2018 Theta Chi pledge class was forced to endure. The hazing includes forced participation in physical activity not part of an “organized, voluntary athletic contest” and forced consumption of large amounts of alcohol. | interviewed a Theta Chi member (Witness 2) who was in this pledge class and he shared his hazing experience with me. He stated that the members tried to break down pledges mentally through intimidation and by multiple members screaming in pledges faces. He and his entire pledge class were forced to participate in ‘Beach Nights.’ He described this practice as being forced to go to the beach at 3AM and-do push ups and sprints until failure. If a pledge did not have the physical ability to execute the exercises they would be called “pussy” and “faggot”. One pledge happened to be of Jewish descent and when he could not do the exercices he was called “Jewish Fag.” Another pledge was forced to do pushups on the rocks at the lighthouse which ultimately cut his hands. Witness 2 stated that members would also force pledges to drink alcohol. One pledge was forced to drink so much alcohol until he vornited while [ij members yelled, “Come on, drink more." Another pledge who could not drink as much was forced to do push ups while = members threw water on him. Witness 2 also stated that they were all taken into a sement at the River Street house and at the Broadway house where there weren't any interior door knobs. They were instructed to get into a circle and keep their eyes closed. They were forced to recite organizational traditions and when a pledge could not remember they were slapped, pinched, had their ears flicked, and had pencils thrown at their chests. Witness 2 reported that he Saat) could not remember an organizational tradition and he was slapped on the back of his head. In another instance, members ) and ) yelled ina pledge’s face until he cried. On another day, itness 2 stated pledges were made to jump in the fountain at Cowell and run around shirtless. - Purpose: 8/7/2019 Affirmative Dis re to D. Beletsis Page: 000005 | also interviewed Witness 1 who was part of the Fall 2017 pledge class and he described similar demeaning and hazing treatment. He also described ‘Beach Nights’ as being extremely difficult and stated that pledges were demeaned when they could not do the exercises. This individual stated that when he could not do any more sprints, the brothers yelled at him, “You mother fucker, you are weak!” “Don't be a Jew, don't puss out of this!” It is worth noting that “Beach Nights” and other hazing activities were corroborated by a Theta Chi EN EE (Witness 5) who witnessed this behavior. Dishonesty During the course of this investigation, | placed Theta Chi on interim suspension on January 9, 2019, which included the directive to cease all organizational activities such as meetings, events, fundraising, recruitment, and parties. | also gave the directive not to interfere with this investigation in any way and specifically not to issue ‘gag orders’ that discourage members from participating in this investigation, and not to retaliate against members that participate. At the request of Theta Chi and , we met on February 1, 2019 at 12:00 pm. In this meeting, we spoke about the possible retention of Theta Chi as an organization at UCSC. and also assured me that Theta Chi was complying with the mandates stipulated in the interim suspension. and stated that Theta Chi has not had any parties, organizational meetings, issued any ‘gag orders’ to Theta Chi membership since the interim suspension was issued on January 9, 2019. However, Theta Chi chose to disregard all of the aforementioned directives. | received Theta Chi internal Facebook post screenshots that proved this failure to comply with the provisions of the interim suspension and took active measures to undermine the University's investigation. On January 15, 2019 at 7:36 pm, Theta Chi and instructed all members on Facebook to, “Keep your fucking mouth shut about the entire situation!” “Fuck every single one of you guys, its not SOAR it’s not the school it’s you fucking faggots!” “Do me and yourself a favor and SHUT THE FUCK UP!” | also received meeting minutes on official Theta Chi letterhead dated four days after | issued the interim suspension. This meeting was dated January 13, 2019 and highlighted statements, “Crucial not to provide information.” “The university does not have much information.” “I don’t know is an intelligent answer” “We are being supported by our nationals.” “JA Party is still pending.” | received a corresponding internal Facebook post screenshot regarding this meeting dated January 13, 2019 at 12:34pm. This post instructed all members to go to the meeting and that attendance was mandatory. These internal Facebook posts also included information about parties at the Theta Chi house on Columbia Street, information about hazing and demeaning pledges, and fundraising. On February 15, 2019 at 12:30 pm, | met again with Theta Chi and and gave them the opportunity to respond to the FaceBook post screenshots. Their responses were dismissive of the documented ‘gag order’ and official Theta Chi meeting minutes. They stated and were just angry when they issued the ‘gag order’. They also stated there wasn't a difference between calling a mandatory organizational meeting and speaking to Theta Chi membership one by one. This meeting concluded prematurely as Theta Chi became very angry that the Office of Student Conduct was in Purpose: 5/7/2019 Affirmative Disclosure to D. Beletsis, Page: 000008 possession of these screenshots because he considered these confidential. Ultimately, JNJ had to be asked to leave multiple times until finally Theta Chi yelled a firm directive for to IM leave. To reiterate, Theta Chiconfirmed that they did calla mandatory meeting to discuss what members should say and not say to university administrators on January 13, 2019. They also confirmed that the documented ‘gag order’ was issued on January 15, 2019 from i EY out of anger. PRIOR DISCIPLINE Disciplinary Probation: Theta Chi was placed on disciplinary probation for one year on February 11, 2015 for violating the following policies: 102.18 Manufacture, distribution, dispensing, possession, use, transport, or sale of, or the attempted manufacture, distribution, dispensing, or sale of alcoho! that is unlawful or otherwise prohibited by, or not in compliance with, University policy or campus regulations. (a). The illegal purchase of alcohol regardless of age, possession or use of alcohol by persons under 21 years of age and other violations of Federal or State law mentioned above; 102.13 Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other University activities; 102.16 Failure to identify oneself to, or comply with directions of, a University official or other public official acting in the performance of their duties while on University property or at official University functions, or resisting or obstructing such University or other public officials in the performance of or the attempt to perform their duties. 102.35 Violation of any other University policy or campus regulation. Suspension: Theta Chi was issued a one year suspension on May 5, 2016 for similar behavior. Theta Chi was found responsible for violating the following policies: 402.08 (c): Conduct which constitutes a threat to the health or safety of any person; 402.18 Manufacture, distribution, dispensing, possession, use, transport, or sale of, or the attempted manufacture, distribution, dispensing, or sale of alcohol that is unlawful or otherwise prohibited by, or not in compliance with, University policy or campus regulations. (a). The illegal purchase of alcohol regardless of age, possession or use of alcohol by persons under 21 years of age and other violations of Federal or State law mentioned above; 102.37 Commission of a public offense under any federal, state, and local laws occurring off campus may subject violators to campus discipline procedures as well as any civil or criminal action that may be taken; 102.15: Participation in a disturbance of the peace or unlawful assembly; Interim Discipline: During the course of the investigation of the current incident, | placed Theta Chi on interim suspension on January 9, 2019 which included the directive to cease all organizational Purpose: 5/7/2019 Affirmative Disclosure to D. Bolotsis Page: 000007 activities such as meetings, events, fundraising, recruitment, and parties. FINDINGS: When considering all of the circumstances, | believe that there is a preponderance of evidence supporting the finding that Theta Chi was in violation of the following Code of Student Conduct standards: 1, 102.08 Conduct, which constitutes: a. Physical abuse including but not limited to physical assault; b. threats of violence; c. or other conduct that threatens the health or safety of any person. The treatment of Theta Chi member supports the finding of this violation. was given shots of vodka at the Pledge Crossover Ceremony, shots of Jagermeister in the car on the way to the Pledge Crossover Party, and various types of alcohol at the Pledge Crossover Party by Theta Chi members. A Theta Chi member (Witness 1) stated that was.slurring his words and acting drunk before the party started. Despite being clearly intoxicated, [INN was given cocaine by . Witness 1 stated that immediately after snorted the line of cocaine he became incoherent and nervous. was advised by to go to the bathroom and calm down. Witness 1 walked with to the bathroom and saw him go into the bathroom and lock the door. Within 5 minutes witness 1 heard screaming from downstairs. Witness 1 ran downstairs into the alley and saw motionless on the ground with blood on his face. It was ascertained by Witness 1 that shortly after entered the bathroom he jumped out of the second story bathroom window sustaining a fatal injury and ultimately died from his injuries. Theta Chi members (Witnesses 1 and 3) stated to me that would have never jumped out of the second story window if he was not given cocaine. It was reported by Witness 2 that the [jij members tried to break down pledges mentally through intimidation. He and his entire pledge class were forced to participate in ‘Beach Nights’, described as being forced to go to the beach at 3AM and do push-ups and sprints until failure. Pledges were then called various slurs if they couldn't do the exercises. Witness 2 reported that another pledge was forced to do pushups on the rocks at the lighthouse which ultimately cut his hands. Witness 2 stated that they were forced to recite organizational traditions and when a pledge could not remember they were slapped, pinched, had their ears flicked, and had pencils thrown at their chests. In another instance, members and yelled ina pledge’s face until he cried. Theta Chi member (Witness 1) who was part of the Fall 2017 pledge class and he described similar demeaning and hazing treatment. He also described ‘Beach Nights’ as being extremely difficult and stated that pledges were demeaned when they could nat do the exercises. | also interviewed Witness 1 who was part of the Fall 2017 pledge class and he described similar demeaning and hazing treatment. He also described 'Beach Nights’ as being extremely difficult and stated that pledges were demeaned when they could not do the exercises. This individual stated that when he could not do any more sprints, the brothers yelled at him, “You mother fucker, you are weak!" “Don't be a Jew, don't puss out of this!” It is worth noting that “Beach Nights" and other hazing activities were corroborated by a Theta Chi [iE EEE (witness 5) who witnessed this behavior. Purpose:5/7/2019 Affirmative Disclosure to D. Beletsis Page’ 000008 A preponderance of evidence supports the finding that Theta Chi’s activity on June 3, 2018 . threatened the health and safety of . Theta Chi’s conduct at Beach Nights in the fall of 2017 and spring of 2018 also consti es a ion of this standard. 2. 102.17 Unlawful manufacture, distribution, dispensing, possession, use, transport , transfer, orsale of, or the attempted manufacture, distribution, dispensing, or sale of controlled substances, identified in federal or state laws or regulations which includes, but is not limited to:a. All Drug Enforcement Administration (DEA) classified narcotics underschedules 1 through 5, such as: Opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana (medicinal marijuana is not allowed, nor is it a defense to a violation of any University policy or campus rule);synthetic narcotics (Demerol, methadone); and dangerous nonnarcotic drugs(barbiturates, Benzedrine); or ail illegally obtained prescription drugs. Theta Chi members (Witness 1 and 4) stated that the Theta Chi pas' , who lived at the house, provided cocaine to Theta Chi members and other party goers on June 3, 2018 at the pledge crossover party. Theta Chi member (Witness 1) reported that, “Cocaine was flowing a throughout the .” Witness 1 stated that he witnessed multiple Theta Chi members buying cocaine from and he himself bought a half of gram of cocaine for $30 from . Theta Chi member (witness 4) was present at the party stated he bought a gram of cocaine $70 from . Witness 1 also reported that the who was the Risk Management Designee for this was also Ing cocaine in 's room. Former and former, admitted that they knew ‘was Selling cocaine out of the Broadway house t at least six to nine months before this occurred. They refused to report Theta Chi's cocaine involvement because man members use cocaine and think it is normal. Witness 1 observed giving cocaine. Witness 4 stated he bought a gram of cocaine twice a month at e@ Broadway at least a year prior to June 3, 2018. There is a preponderance of evidence to support that university drug policy was violated. 3. 102.18 Manufacture, distribution, dispensing, possession, use, transport , transfer, or sale of, orthe attempted manufacture, distribution, dispensing, or sale of alcohol that is unlawful or otherwise prohibited by, or not in compliance with, University policy or campus regulations. a. The illegal purchase of alcohol regardless of age, possession or use of alcohol by persons under:21 years of age and other violations of Federal or State law mentioned above. Theta Chi members itnesses 1, 2, & 3) reported to me that at the Pledge Crossover Ceremony on Market Street, members provided a bottle of Jagermeister (alcohol) to the pledges, many of whom were under legal drinking age of 21. Pledges were then instructed to take a drink of the alcohol and make a toast. At the Pledge Crossover Party, Witness 2 stated that member supplied the alcohol for this party and was the designated barten eta Chi members gave: shots of Vodka at the Pledge Crossover Ceremony, “oie Jagermeister in the car on e way to the Pledge Crossover Party, and various types of alcohol at the Pledge Crossover Party. It was reported that| became extremely inebriated as a result of consuming too much alcohol. Witness 1 stated at was slurting his words and acting drunk before the party started. Purpose: 5/7/2019 Affirmative Disclosure to D, Boletsis Page: 000009 It was also reported that pledges in the Spring 2018 pledge class were coerced to drink excessive amounts of alcehol. Witness 2 stated that members would also force pledges to drink alcohol. One pledge was forced to drink so much alcohol until he vomited while members yelled, “Come on, drink-more." Another pledge who could not drink as much was forced to do push ups while members threw water on him. it is more likely than not that Theta Chi violated university policies regarding alcohol during these two events and during hazing activities. 4. 102.12 Participation in hazing or any method of initiation or preinitiation into a campus organization or other activity engaged in by the organization or members of the organization at any time that causes, or is likely to cause, physical injury or personal degradation or disgrace resulting in psychological harm to any student or other person ( See also Appendix F for Anti-Hazing Policy.) Witne