Woman files lawsuit against Berkeley frat after rooftop fall

Jasmine Wang said "copious amounts of alcohol" were consumed during a frat party and that guests were "encouraged" to go onto the roof.

Woman files lawsuit against Berkeley frat after rooftop fall
The back side of Delta Kappa Epsilon with a rooftop railing partially visible from Bancroft Way near UC Berkeley in July 2024. Google Street View

A UC Berkeley student who was seriously injured last year after falling from a rooftop on Cal Day has filed a lawsuit against the fraternity where the accident happened.

Jasmine Wang — who is no longer listed in UC Berkeley's online student directory — fell off the rooftop at 2302 Piedmont Ave. on April 22, 2023, according to her claim.

That day, Wang had gone to a party at the Theta Zeta Chapter of the Delta Kappa Epsilon fraternity house "where copious amounts of alcohol were being served and consumed," the filing says.

"Defendants allowed, permitted, and encouraged guests to go onto the roof of the house," according to the filing. "The roof did not have safety barriers or railings to prevent guests from falling."

The claim also alleges that the party did not have "adequate security" and that Wang fell off the roof and sustained serious injuries.

UC Berkeley student fell off 3-story roof during frat party
On Wednesday, BPD said the woman’s fall was “looking like an accident.” She suffered broken bones and internal injuries but was stable as of last week.

On Saturday, April 22, numerous people called police shortly after noon to report that a young woman had fallen off the roof of the 3-story fraternity house, the Berkeley Police Department said previously.

The building is located just across Bancroft Way from UC Berkeley.

First responders found the student on the concrete and rushed her to Highland Hospital "Code 3," with emergency lights and sirens, according to police and emergency dispatches reviewed by The Scanner.

The young woman, who was in her 20s at the time, had multiple fractures and internal injuries that were "consistent with descending from a high elevation," BPD said.

The lawsuit, which was filed Aug. 16, names the national Delta Kappa Epsilon organization as well as the local chapter and "Does 1 to 50" as defendants in the claim.

Wang is seeking damages in excess of $35,000, according to the filing.

Wang's attorney, Los Angeles-based Brian Breiter, did not respond to numerous inquiries from The Scanner over the past few weeks.

The Scanner has also asked Delta Kappa Epsilon for comment and will update this story if there is a response.

A case management conference is scheduled for Dec. 31 at the Rene C. Davidson Courthouse in Oakland, according to court records.

As of this week, the defendants do not appear to have filed a response to the allegations.

UC Berkeley does not recognize Delta Kappa Epsilon

Delta Kappa Epsilon is not recognized by UC Berkeley due to documented incidents of "hazing, risk management violations, fire and life safety violations, and non-compliance with prior sanctions."

Of all the unrecognized fraternities at Cal, Delta Kappa Epsilon has the longest list of documented problems, according to the CalGreeks page.

Last year, DKE officials forbade the fraternity from hosting "any event with alcohol" through Aug. 31, 2024, the CalGreeks page noted.

There are more than 50 CalGreeks organizations that are recognized by UC Berkeley, while another dozen or so are unrecognized.

The unrecognized frats are "not subject to oversight" by UC Berkeley staff, according to the CalGreeks website. "Students are STRONGLY RECOMMENDED to not join these groups."

Despite past prohibitions and violations, the UC Berkeley chapter of Delta Kappa Epsilon (DKE) remains active, according to its Instagram page.

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