WILLIAMSPORT – Penn State again calls “untrue and offensive” the allegation it manipulated the fallout from the 2017 hazing death of Timothy Piazza to allow it to acquire the Beta Theta Pi Fraternity house property.

The university repeated its position in a New Year’s Eve brief supporting its opposition to claims in a federal lawsuit brought by Alpha Upsilon Chapter of the Fraternity of Beta Theta Pi Inc., referred to as the House Corp.

Penn State also accuses the House Corp. of disingenuously characterizing Piazza’s death by alleging he tripped over a student, lost his balance and fell down the steps into the basement of Beta house.

Notably, the university points out, the House Corp. does not deny the chapter engaged in illegal hazing on Feb. 2, 2017, at a bid acceptance event. Piazza, 19, died two days later.

James and Evelyn Piazza, in a separate pending federal lawsuit against 28 fraternity members and security firm, claim their son fell because he was intoxicated after being forced to consume an excessive amount of alcohol at the event.

Following an investigation into the death, the national Beta Theta Pi fraternity closed the chapter and the university separately revoked recognition, effectively banning it.

The House Corp. owns the on-campus property but the 1928 deed gives the university the right to purchase it if it no longer is used as a fraternity.

Penn State exercised that right and has a lawsuit pending in Centre County court to force the House Corp. to comply with the deed provision.

In its suit in U.S. Middle District Court, the House Corp. accuses Penn State and three administrators of using Pizza’s death to trigger the deed option.

It contends by the university “arbitrarily and capriciously” banning the chapter, it has been deprived without due process of its ability to derive income from renting the house to members.

In response, the university points out the House Corp. has obtained rooming house and rental house permits and it provides overnight accommodations there for alumni.

Judge Matthew W. Brann in November dismissed part of the suit but gave the House Corp. the opportunity to file an amended complaint on its due process and third-party breach of contract claims.

Also still active is a bad faith allegation that was included in a civil conspiracy claim Brann dismissed.

Besides the university, the other defendants are its president, Eric Barron, Vice President of Student Affairs Damon Sims and Assistant Vice President for Student Affairs Danny Shaha.

They argue the amended the complaint is a second attempt to put forward “baseless” claims to frustrate the sale of the property.

They say the amended complaint is nearly identical to the original one and includes claims that were previously dismissed.

Editor’s note: This post was updated to correct the spelling of Timothy Piazza’s last name.