UC Berkeley Frat Pool Drowning: Criminal Charges Possible After Student’s Death

The tragic drowning of a 19-year-old UC Berkeley student at an Alpha Delta Phi fraternity party has sparked widespread concern and a legal investigation. With an estimated 300 people in attendance, exceeding the facility’s 200-person limit, the event has raised serious questions about safety, negligence, and potential criminal liability. This incident underscores the risks associated with overcrowding, alcohol consumption, and inadequate supervision at fraternity events, prompting a closer look at the legal ramifications and potential for civil lawsuits.

The Incident: A Night of Partying Turns Deadly

On a Friday night in November 2025, emergency personnel responded to a call from the Alpha Delta Phi fraternity house, also known as “Aquadelt” due to its on-site swimming pool, regarding an unresponsive individual. The student was found near the pool and transported to a local hospital in critical condition. Sadly, he passed away a few days later.

Berkeley Police Department reports indicate that officers observed a large party with an estimated 300 attendees, exceeding the permitted capacity of 200. Overcrowding and heavy alcohol consumption were apparent. While foul play is not suspected, the circumstances surrounding the drowning are under scrutiny. The Alameda County Coroner’s Bureau will determine the official cause and manner of death.

Potential Criminal Charges: Furnishing Alcohol to Minors

Adding to the gravity of the situation, a separate case has been forwarded to the Alameda County District Attorney’s Office for review. The fraternity’s safety coordinator, also 19 years old, is under suspicion of violating California Business and Professions Code 25658, which prohibits providing alcohol to minors. If charged and convicted, the safety coordinator could face penalties including fines and potential jail time.

Civil Liability: Negligence and Wrongful Death

Beyond potential criminal charges, the fraternity and its members could face civil lawsuits stemming from negligence and wrongful death. A wrongful death claim can be pursued if negligence is proven to be a contributing factor in the student’s death. In this context, negligence could involve:

Failure to provide adequate supervision: With 300 people in attendance, it’s questionable whether the fraternity provided sufficient supervision to ensure the safety of all guests, especially around the pool area.
Overcrowding: Exceeding the permitted capacity created a potentially hazardous environment, increasing the risk of accidents and injuries.
Serving alcohol to minors: If the fraternity or its members provided alcohol to underage individuals, this could be considered a breach of duty of care.
Failure to maintain a safe premises: The fraternity has a responsibility to ensure its property is safe for guests. This includes maintaining the pool in a safe condition and taking precautions to prevent accidents.

Who Could Be Held Liable?

In a civil lawsuit, several parties could potentially be held liable:

The Fraternity (Alpha Delta Phi): As an organization, the fraternity could be held liable for the actions of its members and for failing to implement adequate safety measures.
Individual Fraternity Members: Members who actively contributed to the negligence, such as those who provided alcohol to minors or failed to intervene when the student was in distress, could be held individually liable.
The University (UC Berkeley): In some cases, universities can be held liable for incidents occurring at fraternities if they knew of dangerous activities and failed to take appropriate action.
Fraternity Safety Coordinator: The safety coordinator could be held liable for providing alcohol to minors.

The Importance of Evidence

Critical evidence in a potential wrongful death case could include:

Incident reports: Police and fire department reports detailing the events of the night.
Eyewitness statements: Accounts from individuals who attended the party and witnessed the events leading up to the drowning.
Surveillance footage: Any available video footage of the pool area or other relevant locations.
Social media posts: Photos or videos posted on social media that depict the party atmosphere and alcohol consumption.
The fraternity’s event permit: This document outlines the rules and regulations the fraternity was required to follow.
Blood alcohol content (BAC) results: If the student’s BAC was above the legal limit, this could be used to establish intoxication.

Legal Options for the Family

The family of the deceased student has several legal options to consider:

Wrongful Death Lawsuit: This type of lawsuit seeks to compensate the family for their losses, including medical expenses, funeral costs, lost income, and emotional distress.
Negligence Claim: This type of claim seeks to establish that the fraternity and/or other parties acted negligently and that their negligence caused the student’s death.

Preventative Measures and Duty of Care

This tragic incident highlights the importance of preventative measures and the duty of care that fraternities and universities owe to their students. To prevent future tragedies, fraternities should:

Strictly enforce alcohol policies: Prohibit underage drinking and excessive alcohol consumption.
Adhere to capacity limits: Ensure that parties do not exceed the permitted capacity.
Provide adequate supervision: Have trained monitors present to oversee the event and ensure the safety of all attendees.
Maintain a safe premises: Regularly inspect and maintain the property, including the pool area, to identify and address potential hazards.
Implement emergency protocols: Have clear procedures in place for responding to emergencies, including drowning incidents.

Universities should:

Enforce strict policies regarding fraternity conduct: Hold fraternities accountable for violations of university policies and state laws.
Provide training and resources to fraternities: Educate fraternity members on responsible alcohol consumption, risk management, and emergency response.
Supervise fraternity events: Monitor fraternity events to ensure compliance with safety regulations.

Seeking Legal Assistance

The drowning of a UC Berkeley student at a fraternity party is a devastating tragedy that raises serious legal questions. If you or someone you know has been affected by a similar incident, it is crucial to seek legal assistance from an experienced personal injury attorney. A knowledgeable attorney can help you understand your rights, investigate the circumstances surrounding the incident, and pursue all available legal options.