The former vice regent of Syracuse University’s now-expelled Theta Tau fraternity could return to SU this year on disciplinary probation after the university reduced his initial suspension for a conduct violation in connection to controversial videos released this spring, according to documents recently filed in federal court as part of an ongoing lawsuit against SU.

Tyler Vartabedian, an aerospace engineering major and Class of 2019 member who was the Theta Tau chapter’s vice regent in spring 2018, could return to the university this year on disciplinary probation, according to University Appeals Board documents filed in court by lawyers representing SU in the lawsuit. As part of the sanction, Vartabedian must complete 80 hours of community service, read three books on inclusion and/or bystander intervention and write a 12-page research/reflection paper, per court documents.

Court papers filed in the lawsuit by SU’s and Vartabedian’s separate legal teams provide the clearest look yet into the outcomes of the months-long student conduct process for those charged with conduct violations in connection to the Theta Tau videos. The conduct process wrapped up in late July, but SU officials said they could not comment on specific decisions due to federal privacy law.

In an email to The Daily Orange, Karen Felter, one of Vartabedian’s lawyers, said the former vice regent’s punishment was reduced by the SU appeals board because Vartabedian was not directly involved “in the creation, production or performance of the objectionable skits” shown in the videos.

“His only culpability was that he was an officer of the fraternity present when the event occurred and failed to take action to stop the performance of a satirical skit,” Felter said.

Vartabedian, an anonymous plaintiff in the lawsuit against SU, was one of 14 students involved in the Theta Tau videos who appealed suspensions handed down by SU’s conduct board earlier this summer, according to court documents. Vartabedian’s identity was revealed when his legal team filed court papers in June containing ineffective redactions of his name.

SU’s appeals board, which is separate from the conduct board, upheld the finding that Vartabedian had violated section 15 of the Code of Student Conduct, according to the appeals board document.

But the appeals board lowered Vartabedian’s punishment from suspension to disciplinary probation to “better reflect his participation and role in the event,” according to the document, which was filed on Aug. 10. His code of conduct violation was related “to violations of the Syracuse University Office of Fraternity and Sorority Affairs Policy,” per the document.

The university rejected appeals from at least eight other students — all prospective members of the defunct fraternity chapter — whose one- or two-year suspensions were upheld, according to court documents.

SU initially suspended 15 students, including Vartabedian, for their connection to videos showing actions Chancellor Kent Syverud has called “extremely racist, anti-Semitic, homophobic, sexist, and hostile to people with disabilities.” The fraternity chapter, in an April statement, said the videos depicted a “satirical sketch.”

Sarah Scalese, SU’s senior associate vice president for university communications, declined to comment on this story, citing federal privacy law.

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MORE COVERAGE:

• Attorney for SU files motion to publicly reveal names of 5 students involved in Theta Tau videos
• SU students claim ‘Pledge Porno’ in Theta Tau videos was ‘satire’
• SU will not publicly release names of students in Theta Tau investigation
• SU suspends Theta Tau fraternity after video of ‘extremely racist’ behavior surfaces

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In recordings of two of the videos, which The D.O. obtained and published in April, people in the fraternity’s house are seen using racial and ethnic slurs and miming the sexual assault of a person with disabilities.

“I solemnly swear to always have hatred in my heart for n*ggers, sp*cs and most importantly the f*ckin’ k*kes,” a person says in one of the videos, after being shoved to his knees by another person and asked to repeat an “oath.”

In a second video, a person sits down in a rolling chair and a different person yells, “He’s drooling out of his mouth, because he’s retarded in a wheelchair.”

The videos were uploaded to a secret Facebook group called “Tau of Theta Tau” by a user named David Yankowy III, the recordings show. Vartabedian was an administrator of the secret “Tau of Theta Tau” Facebook page, according to an ineffectively redacted copy of his University Conduct Board decision filed in federal court by his legal team in June.  

Though Vartabedian said he was present at the event recorded in the videos, he “indicated” to SU’s conduct board that “he did not make the videos, post them to Facebook, or distribute the videos to the public,” according to the conduct board document. Vartabedian also said he had “no connection or involvement with the pledge process,” per the document.

Vartabedian asked minority members of the fraternity if they were uncomfortable with what was said and portrayed during the skit, according to the conduct board document. SU’s conduct board concluded Vartabedian “more likely than not” knew the “sexist and racist language and sexual actions could be construed as violations of University policy, and did not intervene,” according to the document.

“It is important to note the University Appeals Board did reduce the sentence because I was not involved with this situation whatsoever,” Vartabedian said in an Aug. 15 email to The D.O.

According to the conduct board document, Vartabedian indicated to the board that the “roast” depicted in the videos was an SU Theta Tau chapter tradition during the “membership intake process,” and that he participated in a roast for his brothers during his own pledge process.

Vartabedian in the Aug. 15 email said the recorded event “was not an initiation ritual.”

In a summary of Vartabedian’s defense against the conduct violation, the conduct board wrote that Vartabedian argued the “performances and the actions do not reflect the actual feelings of the people involved in the satirical roasts, nor do they represent the values of Theta Tau, which is a very inclusive and diverse fraternity.”

The former vice regent is one of nine students anonymously suing SU over its handling of the videos, per court documents, claiming the university labeled him and other students as “criminals” in an attempt to malign them “personally” to salvage its reputation.

According to the University Appeals Board document filed on Aug. 10, Vartabedian, referred to in other court documents by the pseudonym “John Doe #5,” was the “highest-ranking Syracuse University organization officer present at the event” shown in the videos.

The D.O. was able to identify Vartabedian using a roster of Theta Tau members obtained from the SU chapter’s website before the site was made unavailable on April 18. Court documents filed on Aug. 10 by an attorney representing SU in the lawsuit twice refer to the student whose suspension was modified on appeal as Theta Tau’s “vice regent.” The Theta Tau roster, which identified Vartabedian as the chapter’s vice regent, was publicly posted on the fraternity chapter’s website, but was made inaccessible soon after the fraternity’s initial suspension.  

Vartabedian’s name is also visible in at least three court filings made by his legal team in June. In those filings, Vartabedian’s name is discernible beneath ink that appears to have been intended to redact identifying information from public view. Vartabedian’s name was completely unredacted in three places on the conduct board document filed in June.

Vartabedian’s legal team, which includes Felter, Kevin Hulslander and David Katz — all attorneys at the Syracuse-based branch of Smith, Sovik, Kendrick and Sugnet — previously filed documents in court that refer to the vice regent as “Vice President.” Vartabedian, in the Aug. 15 email to The D.O., confirmed his title was “Vice Regent.”

It’s unclear if Vartabedian intends to return to SU this year. At least one student involved in the lawsuit is attempting to transfer to other schools, according to court documents.

Published on August 21, 2018 at 4:07 pm

Contact Jordan: jmulle01@syr.edu | @jordanmuller18