Although Penn State is still investigating a hazing-related incident that occurred last fall at Delta Sigma fraternity, the State College Police Department will not file criminal charges, Officer Kelly Aston said.

Centre County Assistant District Attorney Nathan Boob said there were two main reasons Delta Sigma, formerly of 508 Locust Lane, will not be charged.

"We reviewed the case, and it would be hard to press charges since Delta Sigma disbanded and is no longer an organization at Penn State," he said.

Boob said it would not be appropriate to charge the national Delta Sigma organization because of what happened locally.

The second reason no charges were filed, Boob said, is that no witnesses or members of Delta Sigma would testify.

"We received no written statements, nothing," he said. "Quite frankly, we have insufficient evidence."

In December, the fraternity was found guilty of hazing after an investigation by the Penn State Fraternity and Sorority Life Review Board.

The alleged ritual-related incident occurred Nov. 7 at the fraternity house, causing a student pledging the fraternity to be admitted to Mount Nittany Medical Center for several days.

During the board's investigation, members of Delta Sigma presented their accounts of the events.

Boob said that although the they appeared before the university board, members were not required to come forward and testify for the police because they can "claim greater rights" and are protected under different laws.

Penn State Judicial Affairs Director Joe Puzycki said the university is currently in the middle of its investigation and is still collecting information on the incident.

"No students' cases have been closed," he said. "This case is not on the backburner; it is important to us. As the information comes in, we review it."

Puzycki said that although it is hard to tell, he thinks the investigation may be complete within the next month.

Delta Sigma chapter adviser Tom Daubert said he was unaware State College police were even conducting an investigation.

"You think since I'm the adviser, they would try to contact me, but they didn't even try," he said. "I'm glad to hear they didn't press charges, but they didn't even inform me of an investigation in the first place."

Delta Sigma is no longer recognized as an official Penn State fraternity and is not allowed to participate in any recognized university functions, including Homecoming, Greek Week, Greek Sing and the Interfraternity Council/Panhellenic Dance Marathon.

Fraternity members are prohibited from collectively operating as a group and were forced to move out of their fraternity house at the end of the fall 2005 semester.

Interfraternity Council President Ben Jabara and Director of Fraternity and Sorority Life Kevin Kerr did not return repeated phone calls by press time yesterday.