Courtesy of family of Nathan Valencia
Nathan Valencia and his girlfriend, Lacey Foster, are shown in this undated photo. Valencia, 20, died at Sunrise Hospital and Medical Center on Nov. 23, days after participating in a charity boxing match sponsored by a UNLV fraternity.
Tuesday, Feb. 15, 2022 | 8:10 p.m.
The family of a UNLV student who died in November from injuries sustained during a charity boxing event has sued the university, the fraternity that promoted the event, the amateur referee who officiated, as well as the venue that hosted the fight, according to documents filed in Clark County District Court.
In a complaint filed Monday, the parents of Nathan Valencia — Michael and Cynthia Valencia — alleged that actions of the defendants “failed to employ reasonable and necessary policies and procedures,” that ultimately led to negligence and Nathan’s wrongful death, according to the filing. The family is seeking in excess of $50,000 in damages.
Valencia, 20, collapsed in the ring at a Fight Night event Nov. 19 promoted by UNLV’s Kappa Sigma fraternity at the off-campus Sahara Event Center. In social media posts by the fraternity, Valencia was labeled as the main event in a match with fellow UNLV student Emmanuel Aleman, who was not listed as a defendant in the filing.
Valencia was taken to Sunrise Hospital and Medical Center, and succumbed to his injuries three days later.
Both the fraternity’s national chapter and its UNLV sect, which was suspended Dec. 1 after an investigation by the UNLV Office of Student Conduct, are listed as defendants in the suit.
In a statement, Benjamin Cloward, an attorney from the Richard Harris Law Firm representing the Valencia family, said he hopes the lawsuit will lead to more stringent regulations on similar events in the future.
“We are eager to pursue all responsible parties with the goal of effectuating change not only in the Las Vegas community but throughout the United States to ensure that no other person needlessly loses their life as a result of such a poorly planned event having little to no oversight,” Cloward told the Sun.
The lawsuit alleges that Kappa Sigma has promoted fight nights in Las Vegas and throughout the country at other chapters since 2012, and that the fraternity has “actual knowledge that participants in prior Kappa Sigma Fight Nights suffered serious injuries,” including one incident in which a participant was knocked unconscious and hospitalized.
The family also alleges the fraternity and university did not have “training, education, or experience in boxing match-making,” and that no medical or physical examination was conducted before the match. Additionally, several other boxing participants experienced issues with equipment given to them before their match by the fraternity.
Kappa Sigma is also alleged to have failed to inform any local hospital or medical facility that such an event would be taking place. The lawsuit also claims that no medical personnel were on-site before or during the event, which contradicts calls to 911 operators.
Additionally, the lawsuit states that for reasons unknown, a licensed referee became unavailable and a replacement — Christopher Eisenhauer — was used instead. Eisenhauer was not a qualified referee, and “continuously consumed alcohol” and was “intoxicated and highly impaired” while assuming official duties, according to the complaint.
The Kappa Sigma national chapter was unable to be reached for comment.
Tony Allen, spokesman for UNLV, told the Sun in a statement “our deepest sympathies remain with Nathan Valencia’s family, friends and loved ones. The university is continuing its internal review into the incident and is cooperating fully with state and local agencies. Out of respect for the legal process, the university has no further comment on the litigation at this time.”
The Sahara Events Center, which is also listed in the complaint as a defendant, is alleged to have “breached its duty of care by negligently, knowingly, or recklessly having inadequate policies” relating to the event, “despite its knowledge of the likelihood of harm to persons,” the complaint states. The venue, located at 800 E. Karen Ave., is about one mile from Sunrise, where Valencia was taken.
A representative with the Sahara Event Center declined to comment.
Metro Police has said on several occasions that circumstances surrounding the death were not criminal and no charges will be filed.
The Clark County Coroner’s Office ruled Valencia’s death a homicide, with the cause of death being blunt force head trauma and the lawsuit states Valencia suffered a subdermal hematoma during the fight.
The Nevada State Athletic Commission in December voted unanimously to adopt an emergency regulation that would govern combat sport competitions hosted by fraternities and other university-affiliated entities as a direct response to Valencia’s death.
The order, called “Nathan’s Law” was signed by Gov. Steve Sisolak later that day. A GoFundMe started by Valencia’s girlfriend, Lacey Foster, raised nearly $84,000.
