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Jay Novacek's son sues fraternity over alleged hazing

  • Blake Novacek, 20, is suing Beta Theta Pi over an alleged incident in 2015
  • He claims he passed out after hitting his head when he was knocked over with a bat at its University of Oklahoma chapter house
  • Novacek said he woke up 10 hours later and that no one called for medical help
  • He said he now suffers memory loss and unspecified brain injuries as a result
  • It bears striking similarities to the case of Penn State student Timothy Piazza who died in February 12 hours after drunkenly falling down stairs
  • Beta Theta Pi was banned from Penn State as a direct result of his death 
  • The fraternity vehemently denies the new claims and points to proof that he was not even in the state on the day he said it occurred
  • Novacek is the son of former Dallas Cowboys star Jay Novacek who is now 54 

By Jennifer Smith For Dailymail.com

Published: 10:59 EDT, 6 October 2017 | Updated: 12:20 EDT, 6 October 2017

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The son Dallas Cowboys legend Jay Novacek is suing his fraternity over a hazing ritual which he said left him with permanent brain damage and memory loss. 

Blake Novacek, 20, is suing the Gamma Phi Chapter of Beta Theta Pi and two of its members from the University of Oklahoma.

He claims that in October 2015, he suffered severe brain damage as he was knocked unconscious when he fell over after being pummeled in the stomach with a baseball bat by another student. 

Blake Novacek (above after a different alleged hazing ritual) is suing Beta Theta Pi claiming he was left with brain damage and memory loss after being beaten unconscious in 2015 
Blake Novacek (above after a different alleged hazing ritual) is suing Beta Theta Pi claiming he was left with brain damage and memory loss after being beaten unconscious in 2015 

Blake Novacek (above after a different alleged hazing ritual) is suing Beta Theta Pi claiming he was left with brain damage and memory loss after being beaten unconscious in 2015 

Novacek claims that he was room of Shane Muselmann and was forced to recite the pledge of allegiance while watching a video of hogs being slaughtered.

He alleges that Muselmann hit him with the bat when he made a mistake and claims that he was left to sleep for 10 hours without being given any medical attention. 

When he woke up the next day, he said his clothes had been freshly laundered and folded next to him. It is not known if they were bloody beforehand as a result of the injury. 

Claiming that the incident left him with severe brain damage and memory loss, he now wants at least $75,000 from the fraternity, Muselmann and another student. 

Blake is the son of former Dallas Cowboys star Jay Novacek. He is pictured with him and his second wife Amy in January 2015
Blake is the son of former Dallas Cowboys star Jay Novacek. He is pictured with him and his second wife Amy in January 2015

Blake is the son of former Dallas Cowboys star Jay Novacek. He is pictured with him and his second wife Amy in January 2015

It bears striking similarities to the case of Timothy Piazza, a Penn State student who died in February 12 hours after falling down stairs at the fraternity's house there following a night of drinking. 

Fourteen students face charges over Piazza's death. Prosecutors say they should have called 911 immediately after he passed out. 

In court documents obtained by DailyMail.com, Novacek's lawyers say that students tried to stop Novacek from telling anyone about his injuries for months after the incident. 

Students allegedly threatened to 'ruin' his family's reputation and vandalized his car the day after he was allegedly hit to threaten him. 

His lawyers say that Blake's injuries and memory loss are so severe that he was forced to drop out of the school. 

The 20-year-old now struggles to remember his own social security number, they said.

'The client's memory obviously has been affected by this injury.  Early medical records talk about headaches, concussion, a change in focus,' attorney Michael Atkinson told DailyMail.com on Friday.

Novacek is suing Beta Theta Pi (whose University of Oklahoma chapter is pictured above) 
Novacek is suing Beta Theta Pi (whose University of Oklahoma chapter is pictured above) 

Novacek is suing Beta Theta Pi (whose University of Oklahoma chapter is pictured above) 

Blake, pictured with current Cowboys star Dak Prescott, said he had to drop out of school as a result of the apparent brain damage he sustained 
Blake, pictured with current Cowboys star Dak Prescott, said he had to drop out of school as a result of the apparent brain damage he sustained 

Blake, pictured with current Cowboys star Dak Prescott, said he had to drop out of school as a result of the apparent brain damage he sustained 

Novacek is also suing frat brothers Gavin Martindale (left) and Shane Muselmann (right) who he claims were involved. Both deny the accusations against them
Novacek is also suing frat brothers Gavin Martindale (left) and Shane Muselmann (right) who he claims were involved. Both deny the accusations against them
Novacek is also suing frat brothers Gavin Martindale (left) and Shane Muselmann (right) who he claims were involved. Both deny the accusations against them
Novacek is also suing frat brothers Gavin Martindale (left) and Shane Muselmann (right) who he claims were involved. Both deny the accusations against them

Novacek is also suing frat brothers Gavin Martindale (left) and Shane Muselmann (right) who he claims were involved. Both deny the accusations against them 

The fraternity insists his accusations are false. They pointed to an Instagram picture of Novacek on October 11, 2015, the day he claims the incident occurred, which showed him at a football game in Arlington, Texas, and not in Oklahoma 
The fraternity insists his accusations are false. They pointed to an Instagram picture of Novacek on October 11, 2015, the day he claims the incident occurred, which showed him at a football game in Arlington, Texas, and not in Oklahoma 

The fraternity insists his accusations are false. They pointed to an Instagram picture of Novacek on October 11, 2015, the day he claims the incident occurred, which showed him at a football game in Arlington, Texas, and not in Oklahoma 

Muselmann and Beta Theta Pi both deny the accusations vehemently.  

A spokesman for the fraternity categorically denied the allegations and said Novacek was not even in the state on the day he said it took place. 

The same fraternity was banned from another university over the death of student Timothy Piazza (above) who died in February after falling down stairs following a night of drinking 
The same fraternity was banned from another university over the death of student Timothy Piazza (above) who died in February after falling down stairs following a night of drinking 

The same fraternity was banned from another university over the death of student Timothy Piazza (above) who died in February after falling down stairs following a night of drinking 

'Since learning of this lawsuit, we have performed an initial investigation of Blake’s allegations and have yet to uncover any evidence whatsoever which corroborates the substance of his claims.

'To the contrary, we have numerous witness accounts and other evidence which contradict Blake’s story and which question his credibility. Based on our investigations to date, we firmly believe Blake’s allegations are false and that his lawsuit is entirely without merit. 

'We are offended by these false and inflammatory allegations, and we will vigorously defend our fraternity, its members, and their reputations against this baseless lawsuit,' House Corporation President Zach Allen told DailyMail.com in a statement.  

They pointed to an Instagram photograph taken on October 11, the day he said it happened, which shows him at a football game in Arlington, Texas. 

In his lawsuit, Novacek said it occurred 'on or about October 11'.  

A photograph from another alleged ritual shows Novacek bleeding from the nose, smiling as blood runs down his teeth and lips.   

At the time, Novacek was a freshman at the college. He has since dropped out 
At the time, Novacek was a freshman at the college. He has since dropped out 

At the time, Novacek was a freshman at the college. He has since dropped out 

The 20-year-old is seen above with his father, his father's wife Amy and half-sister McKinley. McKinley's mother - Novacek's first wife Leanne - killed herself in 2010. There was no public mention of Blake until after her death
The 20-year-old is seen above with his father, his father's wife Amy and half-sister McKinley. McKinley's mother - Novacek's first wife Leanne - killed herself in 2010. There was no public mention of Blake until after her death

The 20-year-old is seen above with his father, his father's wife Amy and half-sister McKinley. McKinley's mother - Novacek's first wife Leanne - killed herself in 2010. There was no public mention of Blake until after her death

Novacek is pictured with Sienna Miller (left) and Jennifer Lawrence (right) at movie premieres and plays
Novacek is pictured with Sienna Miller (left) and Jennifer Lawrence (right) at movie premieres and plays
Novacek is pictured with Sienna Miller (left) and Jennifer Lawrence (right) at movie premieres and plays
Novacek is pictured with Sienna Miller (left) and Jennifer Lawrence (right) at movie premieres and plays

Novacek is pictured with Sienna Miller (left) and Jennifer Lawrence (right) at movie premieres and plays

Jay Novacek did not respond to requests on Friday regarding his son's case. 

The 54-year-old was a tight end for the Dallas Cowboys from 1990 to 1996. He remains heavily involved with the team and regularly takes Blake to games. 

Jay Novacek played for the Dallas Cowboys from 1990 to 1996 (he is pictured in 1995)
Jay Novacek played for the Dallas Cowboys from 1990 to 1996 (he is pictured in 1995)

Jay Novacek played for the Dallas Cowboys from 1990 to 1996 (he is pictured in 1995)

Novacek married his second wife Amy in 2010, the same year in which his first wife Leanne committed suicide.

The NFL player had been married to Leanne for 12 years when she took her own life by shooting herself at her mother's home.

They had one daughter together, McKinley, who sports pundits said was spoken fondly of by her father. 

When Leanne's death made headlines, there was no mention of Blake's existence and authorities never revealed what drove her to take her own life. 

The 20-year-old now enjoys a glamorous life of movie premieres and NFL games. 

His father was notably friends with Chris Kyle, the iconic army veteran behind the book and film American Sniper who was murdered in 2013.

Blake attended the film premiere and posed with one of its stars Sienna Miller. 

He has also mingled with its leading man Bradley Cooper at other events and once boasted about meeting Jennifer Lawrence. 

Jay Novacek's net worth is unknown. He earned a reported salary of $800,000 when he played for the Cowboys. 

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