An appeals court has agreed a fraternity at High Point University should be dismissed from a lawsuit alleging a pledge died from hazing.

The state Court of Appeals ruled on Tuesday the mother of Robert Eugene Tipton Jr. didn't offer sufficient evidence that Tipton's 2012 death was likely caused by activities of Delta Sigma Phi at High Point University. The three-judge panel upheld a trial court decision.

Tipton was found unresponsive at the apartment of a fraternity brother, where he had stayed overnight. The chief medical examiner's office ruled Tipton died from drug poisoning.

A forensic pathologist hired by Tipton's family says the student instead died from breathing in stomach contents due to a concussion. But the state examiner said Tipton's physical injuries were mild or superficial.