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University police apprehend Kain for assault at Zeta Psi

University Police arrested third-year College student Will Kain at the Zeta Psi fraternity house early Saturday morning for simple assault of a fellow student.

The victim suffered "laceration to his face," Police Sgt. Tom Durrer said. He said the incident occurred around 2:20 a.m..

Pi Kappa Alpha fraternity President Mike Gulland confirmed that the victim is a PiKA member but declined to disclose further specifics. Although Kain is a Delta Kappa Epsilon member, Gullard also declined to comment on whether the incident was in any way related to the individuals' house affiliations.

"There was an unfortunate situation involving several fraternities that developed Friday night in which punches were swapped when an unruly guest was being escorted from the party," said DKE President Carter Paine, who was not at the party.

Beer was served at the Zeta Psi house Friday night, but Zeta Psi President Trent Smith said he did not know whether either of the students involved in the assault had been drinking. The police report does not mention alcohol.

According to the police report, the victim was sent to the University hospital for examination. University President John T. Casteen III said he visited the victim at the hospital because he knows his parents.

Kain had registered to run in this week's election for the Honor Committee, but he withdrew his candidacy yesterday, said Jonathan Bertsch, Student Council Elections Committee co-chairman. Kain now is an Honor advisor and University Judiciary Committee educator.

Police said they have not determined whether other students were involved in the incident because they still are investigating the case.

Smith said his fraternity may be held accountable for the incident in some way since it occurred at the fraternity house, but only "if the person who was assaulted pressed charges" against the house.

He said members of his fraternity tried to stop the students from fighting. "They were trying to break it up," he added. "They saw a ruckus and tried to get people to leave."

Asst. Dean of Students Aaron Laushway said Zeta Psi would not be liable for the incident as long as it followed all rules outlined in the Fraternal Organization Agreement and set forth by the fraternity. The FOA outlines the relationship between each fraternity and the University.

"It strikes me that when a fraternity house is hosting an event they are responsible for their guests, but as long as they have abided by all the policies [in the FOA] and the fraternity's risk management policies, then they would be okay," Laushway said.

Inter-Fraternity Council President and DKE member Wes Kaupinen said the IFC is investigating the case.

The IFC is "working proactively to prevent future problems of this nature," Kaupinen said.

He declined to elaborate on specifics.

The IFC Judiciary Committee only can try cases against fraternity houses, not individuals. Whether this case can fall under IFCJC's jurisdiction is "yet to be seen," Laushway said.

IFC Vice President for Judiciary Mike Christopher said the case probably will not be filed with IFCJC because "when one [fraternity] member does something, it is very difficult to prove whether that member was acting on behalf of his fraternity."

Kaupinen said the incident in no way reflects the ideals of the fraternity system.

Simple assault is a class one misdemeanor. The maximum penalty is confinement in jail for up to 12 months, a fine of up to $2,500 or both.

Assault is a violation of Standard 1 of the University's Standards of Conduct.

Kain could not be reached for comment.

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