The Michigan Supreme Court upheld criminal charges against a former Michigan State University fraternity pledge master in connection to the 2021 death of Phat Nguyen at the now-disbanded Pi Alpha Phi fraternity.

The court rejected an appeal filed by attorneys representing Ethan Cao, who was charged with one count of felony hazing resulting in death and three misdemeanors resulting in physical injury after Nguyen died of alcohol intoxication during a welcome party at Pi Alpha Phi.

If found guilty under Michigan’s anti-hazing law, Cao, who was described in court documents as the “pledge master” of the freshman class, faces 15 years in prison. 

Messages left with Ingham County Prosecutor John J. Dewane’s office were not returned, though Dewane said in a March 2 press release that “we look forward to trying this case in Circuit Court.”

After Cao was first charged in 2022, his attorney, Edwar Zeineh, contested the charges by claiming there was insufficient evidence against Cao and argued that the state’s anti-hazing law was unconstitutional.

However, the state Court of Appeals affirmed the law’s validity and the Supreme Court rejected Cao’s subsequent appeal.

Messages left with Zeineh’s office were not returned before publication.

Cao’s criminal trial would mark the first time the most serious charge under Michigan’s anti-hazing law has been used since the law was created in 2004. The felony hazing charge carries a maximum penalty of 15 years in prison.

In November 2021, Nguyen and three other pledges attended a party in the basement of the Pi Alpha Phi fraternity house. The goal of the party, according to a complaint filed by Nguyen’s family, was to get pledges drunk enough so they would blackout or “die” and be reborn as brothers of the fraternity.

On Nov. 20, 2021, at 1:58 a.m. police were called to the house where Nguyen was announced dead at the scene. Three others were transported to Sparrow Hospital.