Statement of Stipulated Facts

All parties to this action do hereby agree and stipulate to the accuracy of the following facts:

On November 22, 1997, 18-year-old Milan Jackson died as a result of a 26-foot fall

from the clock tower located in the student center of Columbus University. Her death

occurred during a pledging activity sponsored by Phi Gamma (hereafter Gamma), the coed

fraternity Milan was pledging at the time. Milan was a freshman at Columbus University,

having graduated from Ida B. Wells High School in 1997.

Greek life plays a large role on the Columbus University campus. Gamma, in

particular, is known for having members in high academic and social standing. Milan was

eager to become a part of this organization, as had her aunt, Tanya Maddox, in 1986.

Pledging is the process fraternities use to select which freshmen they will accept into

their group that year. In the Gamma fraternity, the last week of pledging is known as “Hell

Week.” During Hell Week, pledges are given various tasks by the fraternity’s upperclassmen,

which they must complete if they want to be considered for membership. The defendant, Chris Archer is the president of Gamma, and was in charge of planning Gamma’s 1997 pledging activities.

On the last night of pledging, known as “Hell Night,” all pledges of the Gamma

fraternity were blindfolded while inside of the Gamma fraternity house. Then they were to be

led, one at a time, outside of the fraternity house to perform one last task before they were

informed who had made it into the fraternity and who had not. While Milan was outside and

blindfolded, the defendant whispered something into her ear. Shortly thereafter, Milan

grabbed the fraternity flag, ran to the student center and up to the clock tower. It was from the

top of the clock tower that she fell.

At the time of her death, Milan’s blood alcohol content was 0.10. The level of legal

intoxication is 0.08.