Serious questions regarding campus safety have arisen after two reports of sexual assaults at frat parties raised uncertainty about whether fraternity organizations are doing enough to protect people attending their parties and events. These two recent allegations involve separate instances at the University of Chicago’s Alpha Epsilon Pi and Alpha Delta Phi fraternities. Neither victim was a student of the university.
Table of Contents
Liability for sexual assault within fraternity walls may not always lie strictly with the attacker. It can also extend to fraternity leaders, property owners, or other parties who knew or should have known about the dangerous conditions that could facilitate the assault if they failed to take reasonable precautions.
As a survivor of sexual assault, you deserve to be heard, and you deserve to know your legal options. Call Ankin Law at (312) 600-0000. Injury Law Made Personal®.
Key Takeaways
- Two reported sexual assaults involving separate fraternities near the University of Chicago have prompted investigations and a civil lawsuit.
- Fraternities may face civil liability when negligence contributes to a sexual assault.
- Universities may have legal responsibilities depending on their relationship with a fraternity, their control over the circumstances, and their knowledge of potential dangers.
- Sexual assault survivors may be able to pursue civil compensation even without criminal charges or a conviction.
Two Sexual Assault Reports Put University of Chicago Fraternities Under Scrutiny
Two reported sexual assaults at fraternity houses near the University of Chicago have raised serious concerns about safety at fraternity parties and who may be held responsible when an assault occurs. Although the university does not formally recognize fraternities as student organizations, the allegations raise questions about security, supervision, and whether reasonable steps were taken to protect guests from harm.
October 10 Alleged Assault at Alpha Epsilon Pi
On October 10th, a young woman attended a party hosted at the University of Chicago’s Alpha Epsilon Pi fraternity. Later into the evening, as Saturday night became Sunday morning, she found herself “feeling ill.” At around 1:50 am, she was allegedly sexually assaulted in a bathroom by a young man attending the party.
Two of the young woman’s friends say that they intervened after encountering several men blocking the bathroom door. The woman was not fully conscious when she was found in the bathroom.
The alleged attacker fled the house, and the woman’s friends flagged down a UCPD officer and got her taken to the university’s medical center for treatment.
The University of Chicago later announced that a person of interest had been identified and barred from campus. The individual was not affiliated with the university.
February Assault Allegations Lead to Alpha Delta Phi Lawsuit
A recent lawsuit alleges that a 19-year-old woman, identified as “Jane Doe” in the lawsuit, was sexually assaulted at the university’s Alpha Delta Phi fraternity at a party hosted on February 7th.
According to the lawsuit, while attending the party, Jane Doe accepted a shot from a fraternity member, and began to feel unwell shortly after that, and the man who gave her the shot led her to a bedroom upstairs. She felt “unsteady and lightheaded” while entering the bedroom, but the lawsuit alleges that the man ignored her condition and continued to engage in unwanted sexual contact with the victim before leaving her unconscious in the bedroom.
Alpha Delta Phi announced in a statement that it had suspended the accused member due to the allegations.
Can Universities Be Held Liable for Sexual Assault at Off-Campus Fraternity Houses?
Generally, universities can be held liable for sexual assault at off-campus fraternity houses in some circumstances. Whether the university bears responsibility may depend on if it exercised substantial control over the fraternity or event where the sexual assault took place, or whether it knew about earlier incidents or complaints involving that chapter and failed to act.
Title IX of the Education Amendments of 1972 prohibits sex discrimination in schools that receive federal funding, and those schools are required to respond to the sexual harassment or assaults of students by fellow students under certain circumstances. Additionally, the Supreme Court outlined framework for holding schools liable under this amendment. Liability may arise when a university has actual knowledge of actionable harassment, exercises substantial control over both the alleged harasser and the circumstances, and responds with deliberate indifference. Because the University of Chicago does not formally recognize fraternities, establishing university liability in these cases could be particularly challenging.
Can Fraternities Be Sued for Failing to Prevent Sexual Assault?
Fraternities, national organizations, and other parties can be held liable for failing to prevent sexual assault on the premises or at fraternity-led events. Lawsuits involving fraternity liability typically rely on civil claims involving negligence, premises liability, or failure to supervise.
Can I Pursue a Claim Without Criminal Charges?
Yes. A civil lawsuit is separate from a criminal case. Prosecutors decide whether to file criminal charges, and a survivor may bring a civil claim whether or not charges are filed or a conviction results. Civil cases also use a lower standard of proof than criminal cases. Illinois sets deadlines for filing, so it helps to speak with an attorney sooner rather than later.
What Legal Rights Do Campus Sexual Assault Survivors Have in Illinois?
State and federal law protects victims of sexual assault, and these same protections extend to victims whose assault took place on campus grounds.
Legal rights for students who are victims of sexual assault on campus grounds and property directly managed by the campus are anchored primarily in Title IX protections and the Illinois Preventing Sexual Violence in Higher Education Act.
Protections available to students under Illinois law include:
- The right to access confidential advisors for guidance on reporting the assault and assist with services.
- A clear sexual violence policy that is upheld by the college. This policy must include a drug and alcohol amnesty clause so survivors and witnesses can come forward without fear of punishment for minor policy or substance violations.
- Students may request interim protections and accommodations, including schedule changes, housing relocations, and campus no-contact orders, when available and appropriate.
- The choice to report to campus police or local law enforcement should rest with the victim.
- Victims are protected from retaliation for reporting the assault.
Ankin Law Helps Sexual Assault Survivors Hold Negligent Parties Accountable
If you are a victim of sexual assault, you don’t have to take this on alone.
At Ankin Law, our sexual abuse attorneys handle the legal process for you. We are available 24/7. Call (312) 600-0000 and get help now.
