Clemson answers Tucker Hipps allegations

Clemson University denies that it “owed a duty of care” to Tucker Hipps and argues that he may have contributed to his own death during a fraternity run in September 2014.

In court documents filed this week, the university answered allegations made in a lawsuit brought by the parents of the political science major from Piedmont, including that he was forced to walk along a narrow railing of the State 93 bridge over Lake Hartwell.

His body was found in the water below the bridge late that afternoon, and the coroner said he died of head injuries which could have been caused by falling from the bridge onto large rocks in shallow water.

The lawsuit was filed in April, but amended in November to include allegations drawn from testimony of someone who said he saw Hipps walking on the rail.

Law enforcement authorities have dismissed the alleged witness’ statements as inconsistent with known facts.

Clemson was named as a defendant along with Sigma Phi Epsilon fraternity and three members of the fraternity.

The university denied that a member of the fraternity contacted a Clemson official asking permission to go for a pre-dawn run on Sept. 22, 2014. The lawsuit alleged that fraternity members got no reply to the emailed request and took that as acquiescence by the university.

The university also denied that such a run was a violation of its hazing policy.

Clemson had no knowledge of Hipps being forced to walk the bridge rail, or that SigEp had “a long tradition” of requiring pledges to jump off the bridge and swim to shore as alleged in the lawsuit, its lawyers said in the filing.

The university also denied that it “terminated abruptly” Gail DiSabatino, its vice president of student affairs and said her “termination of employment with Clemson University was not specifically related to the incident and/or death of Tucker Hipps.”

The university announced her departure, without giving any reason, about two months after Hipps' death and the subsequent suspension of the fraternity. Her office oversees all student organizations, including fraternities.

Clemson denied that it “knew or should have known that the acts or omissions of the (fraternity members) were dangerous, negligent, grossly negligent, or in contravention of the policies and expectations of the Defendant.”

It also denied that Hipps’ death resulted from the university’s failing to communicate with fraternity members before the run and prohibiting it.

The Hipps family filed two lawsuits, one claiming wrongful death and the other personal injury. Both seek damages of at least $25 million.

Clemson’s lawyers asserted the university couldn’t be held liable for such monetary damages because of the state’s tort claims law and asked that the case be dismissed.