This story was updated to correct a misspelling and a grammatical reference to the Court of Appeals.
LANSING — The Michigan Court of Appeals ruled against a former Michigan State University student who was the first person to challenge the constitutionality of the state’s anti-hazing law, although the man’s attorney said they will ask the state Supreme Court to hear the case.
Ethan Cao, 26, who still awaits trial in Ingham County Circuit Court, was charged with hazing causing death in 2022 following a “crossover” party planned by members of the Pi Alpha Phi fraternity. Prosecutors presented evidence in court of excessive drinking at the party that resulted in Phat Nguyen, a 21-year-old MSU junior, and three others passing out on mattresses in the basement, where Nguyen was later pronounced dead.
Prosecutors have argued that Cao and people at the party pressured Nguyen and others to drink to dangerous levels. Edwar Zeineh, Cao’s attorney, challenged the charge in district and circuit court, arguing that it was overly broad and unconstitutional, and said that prosecutors did not meet their burden of proof.
Zeineh then asked the Court of Appeals to he hear the case. He and prosecutors made their arguments to the three-judge panel in August. On Oct. 6, the judges upheld the decisions by lower court judges.
“It has been two decades since the Legislature enacted (the anti-hazing law) … but it has not received appellate scrutiny until now,” the judges wrote in the opinion. “We join the consensus of other states in upholding the constitutionality of anti-hazing legislation, both facially and as applied, against challenges based on freedom of association, equal protection, vagueness, and overbreadth.
“We further conclude that the district court did not abuse its discretion in binding the matter over for trial, as the preliminary examination record supports probable cause for each challenged element of the charged offense,” the opinion said.
Zeineh told the State Journal that he and Cao “will continue our appeal to the Michigan Supreme Court.”
Ingham County Prosecuting Attorney John Dewane declined to comment.
In 2022, Ingham County prosecutors charged Cao and Andrew Nguyen, who is not related to Phat Nguyen, with the felony hazing causing death and three misdemeanor hazing charges. They each face up to 15 years in prison if convicted. Andrew Nguyen’s case also remains in Ingham County Circuit Court, where he could face trial.
In 2024, prosecutors brought charges against seven others in connection to the fraternity party. Those cases were dismissed, but can be refiled.
Following Nguyen’s death, MSU removed the fraternity’s registered student organization status and suspended its charter for at least 10 years, while Pi Alpha Phi’s National Board closed the local chapter.
Contact reporter Matt Mencarini at mjmencarini@lsj.com.
This article originally appeared on Lansing State Journal: Appeals court rules against ex-MSU student charged in hazing death. What the judges said
Reporting by Matt Mencarini, Lansing State Journal / Lansing State Journal
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