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Rape victim sues Sigma Chi, insurer

Student who came to The Badger Herald in February now takes legal action under name ‘Jane Doe’

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The University of Wisconsin student who told The Badger Herald in February she was drugged and raped multiple times at the Sigma Chi fraternity house last fall is suing the fraternity’s local chapter, national office and insurer, according to a suit filed in Milwaukee County circuit court last week.

The civil lawsuit, filed by Milwaukee attorney Robert Elliot, states the chapter neglected to maintain a safe place for guests, leading to the woman’s injuries in the early morning of Oct. 5, 2008.

The suit also says Sigma Chi national headquarters did not maintain enough control over individual chapters, even after more than a dozen criminal complaints were made against chapters nationwide since 1987.

The woman, who is identified as Jane Doe in the suit, is seeking punitive damages as well as compensatory damages from each of the defendants, according to the suit.

The woman told The Badger Herald in February she visited the UW Sigma Chi house after attending a Badger football game against Ohio State. She does not recollect events of the night after visiting Johnny O’s after the game, but said eyewitnesses later told her she was seen playing beer pong at the fraternity.

The woman awoke around 2:30 a.m. the morning of Oct. 5 on the first floor of the four-story house, which is home to both Sigma Chi members and independent renters. The first floor was, at the time, occupied solely by Sigma Chi members. She then returned home.

Upon waking in the morning, she realized something was wrong and visitied Meriter Hospital where health officials conducted an exam, resulting in the collection of multiple sets of DNA.

Madison Police Department spokesperson Joel DeSpain confirmed the woman had an exam on Oct. 5 and later reported her case to MPD on Oct. 20. He was unable to comment further except to say the investigation remains open, which it will until the state’s two year statute of limitations apply.

Michael Dunn, executive director of the Sigma Chi International Fraternity, said the national headquarters has yet to be contacted in regard to the suit, but they intend to offer full cooperation. The suit states they will have 45 days to respond once contact is established.

“Of course, we take it very very seriously,” Dunn said. “We did up front when the initial (accusation) came out. I think it’s brave of this young woman to come forward and I hope they can find those responsible, whether or not it was Sigma Chi, to cure some of this and give this lady some closure.”

Milwaukee County circuit court clerk John Barrett said it is relatively rare for a plaintiff to file a suit under a pseudonym, and it will be up to a judge to determine if the case can move forward with the woman listed as Jane Doe.

Ralph Cagle, a professor at the UW Law School, said historically using a pseudonym in cases concerning sexual assault is not all that uncommon and should have little impact on proceedings.

However, he said at some point the woman will have to appear in person in court, at which time the defendants have a right to know her name.

“There’s a constitutional right to confront your accusers. The defense of this case is going to have the right to ask her real questions in person,” Cagle said. “While she may not be known in the public discussion of it, she will be known to the parties, absolutely.”

The woman, who has been in occasional contact with the Herald since coming forward in February, said she is not permitted to speak to the press in regard to the lawsuit.

UW also declined to comment, saying in a statement released to news outlets that they had yet to see a copy of the suit.

“The university takes allegations of sexual assault extremely seriously and, when given permission by a victim, moves forward with the judicial process,” Kevin Helmkamp of the Office of the Dean of Students said. “The Offices of the Dean of Students has no pending investigations or disciplinary actions involving the Sigma Chi chapter and sexual assault.”

The woman told the Herald in February she would not go through with an investigation with the university or Greek Judicial Board until total anonymity could be promised.

Elliot said Thursday he is not speaking to the media about this case.


10 Comments | Leave a comment

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In September, some young men will contemplate whether to join a fraternity. They will be shown colorful literature that extols the virtues of Greek life, and stories of success of some alumni. Needless to say, it is difficult to determine the integrity of the local fraternity chapters. Recent events have shown that many of the fraternities are not financially viable. For instance, according to a recent article in the Wisconsin State Journal, the the 100 year old Kappa Sigma fraternity is selling their huge house on Lake Mendota; last year, only a handful of members chose to live there. In 2008, buckets of urine and fecal matter were thrown on the heads of, and by, Sigma Phi Epsilon members. This led to their social probation for most of last year. At the time, the Sig Ep brothers owed over $20,000 in back rent to their alumni board. The TKE house membership was so low that they rented their 3rd floor to the Sig Eps, whose frat house burned down in May 2008. Now Sig Ep will likely face more probation 2009-2010 due to their unauthorized kegger held last Spring. The Sigma Chi house finances are so dire, that many of the rooms had to be rented to boarders. Also, Sigma Chi has the rape problem which also exists in the other houses. Basically, the young girl gets to drunk and the guys have a train…happens all the time. All of the fraternities are plagued with low achievement, by evidence of the number of students who drop down to part-time status, their poor GPA, and their inability to get into the schools and programs they desire due to their poor performance. Finally, the drug use is out of control: marijuana, meth, mushrooms, acid, pain killers, etc. For young men who seek to understand the character and future viability of the fraternities being considered, financial statements that shows a summary of fraternity member indebtedness would be a good start. Ask for them - numbers don’t lie! Accordingly, the young men would be wise to concentrate on school and not buy into a fake brotherhood.

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Fraternity life may not be for everyone, as it apparently wasn’t for “Mr. Jenkins.” It’s unfortunate if you had a bad experience, but as with any organization, it is up to each person to experience it on their own. The Greek system has many of the same problems that the rest of the campus exhibits, unfortunately, but they are working on them. If you are so concerned about these issues, you might be best served by actually doing something about it rather than writing comments under your fraternity founder’s name in the student paper.

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“Carter Ashton Jenkins” - Continuing to judge every fraternity on campus by three houses is really intelligent, good job. Amost all of our members have been admitted to the programs that they have been working towards, and the majority of our members have excellent GPAs. Individuals in charge of fraternity finances have to deal with tens of thousands of dollars each semester and sometimes multi-million dollar houses. It’s alot for a professional to deal with, let alone a college student. But I’m sure you know all about budgeting and bookeeping with the monthly rent check you have to pay. Sure some fraternities live up to the stereotype, but many don’t. I know plenty of a**holes on this campus who have nothing to do with greek life. The meth and acid part was a nice touch, though, really.

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I don’t think the merits or non-merits of fraternity life are really the central issue here.

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Most UW students are thinking about their future plans…that’s why they went to college. They are focused on their majors and course that will help, as well as their desired academic performance. Many join clubs or sports that interest them, and also, in some way, perform community service. UW students are engaged in projects with a department or professor. Most students are ambitious, and take on jobs (often more than one at a time) where they can find them. Together, these activities build a significant accomplishments to build a resume’ for future employment or graduate school, not to mention the development of contacts and good friends. Through the activities above, UW students can develop exceptional leadership and communication skills, as well as exceptional references. Now contrast that with life and culture in a fraternity: most are hooked on marijuana/cocaine/meth/pain killers/mushrooms/acid, etc. Most are living off their parents; don’t care much for school; have dropped down to part-time status; lack ambition. Most look forward to violating the clueless freshmen co-eds, using any means available. Often, there will be a young woman passed out on a couch and the guys will have a train. Some of the fraternities, such as Sigma Phi Epsilon (think wallpaper of purple violets and red roses) are on continual probation due to their unwillingness to follow the IFC rules. For example, the bucket incident in 2008 where urine and fecal matter were pour onto my head. Now in April, Sig Ep was busted for an unauthorized kegger. Their response was that the IFC board members are unauthorized and usurping as IFC leaders. Now Sig Ep will be on probation 2009-2010; however, the members are still expected to pay their parlor fees, hundreds of dollars, for what??? The chapter meetings consist of bashing the UW administration, IFC, the other fraternities, and the ugly sorority sisters; also praising the member who did the most wild thing over the weekend. Accordingly, when the fraternity member discovers that his fraternity is a fraud, he will leave to pursue normal college activities. Trying to change fraternity culture, as an upperclassman, is as hopeless and futile as changing the hippie culture.

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Mr. Jenkins: it is unfortunate that you were allegedly part of one of the unfortunate incidents at Sig Ep. However, if you have a problem with them, I would think that there are better avenues than the BH’s website to express your anger. You might do a little more good if you used your real name and didn’t sound like you were simply trying to make your former brothers look bad. Members of Sig Ep clearly have never been to another house’s chapter meeting, so they are not privy to their goings-on; they don’t know what happens during these meetings. It is unfortunate that you apparently experienced some really bad things during your Greek experience, and sure, not everyone in the system is exemplary. Continually bashing one or two chapters in the student paper affects no change and unfortunately just makes you look bad instead of having the effect I think you are trying to have. If you had genuine concern for your brothers, you would try to help rather than bash them.

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Ladies and gentlemen, I’ll be brief. The issue here is not whether we broke a few rules, or took a few liberties with our female party guests - we did.

But you can’t hold a whole fraternity responsible for the behavior of a few, sick twisted individuals. For if you do, then shouldn’t we blame the whole fraternity system? And if the whole fraternity system is guilty, then isn’t this an indictment of our educational institutions in general? I put it to you - isn’t this an indictment of our entire American society? Well, you can do whatever you want to us, but we’re not going to sit here and listen to you badmouth the United States of America. Gentlemen!

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When drinking near fraternity members, girls need to be in 100% control of their drink at all times. For example, only drink from a bottle that you opened.

It is relevant to this discussion that club drugs (also sometimes called Dance Drugs or Designer Drugs) are drugs which at one time were found most frequently in night clubs and at raves, but have since become distributed on college campuses by organized crime units, such as the Outlaw Gang, through fraternity networks. These drugs include MDMA (ecstasy, E, or X), ketamine (special K), GHB (liquid ecstasy, somatomax, scoop, Georgia Home Boy, grievous bodily harm), and crystal methamphetamine (speed, crank, crystal, tina).

GHB (gamma hydroxybutyrate) is typically an odorless, colorless liquid, with a slightly salty taste. It is classified as a sedative and is in the same drug family as Rohypnol and ketamine.

GHB is used as a general anesthetic in Europe. In the US, the FDA approved GHB for use in the treatment of narcolepsy (a sleep disorder) in 2002. This approval came with severe restrictions, including its use only for the treatment of narcolepsy and the requirement of a patient registry monitored by the FDA.

For some time, it has been used by UW fraternities as a date rape drug: it can be slipped into a victim’s drink, causing dizziness, confusion, drowsiness and sometimes loss of consciousness. When GHB is combined with alcohol, it is especially dangerous because the combination of two depressants can lead to overdose. Before the use of GHB was restricted, it was marketed to bodybuilders as a product to release growth hormone and build muscles. There is no evidence that it produces this effect. GHB was also marketed as an “herbal” supplement to help with sleep and depression. Researchers do not know precisely how GHB affects neurochemistry; however, it is seen as a very powerful sedative because small doses can lead to serious effects, such as loss of consciousness. Evidence suggests that it easily crosses the blood-brain barrier — the physiological mechanism that regulates the release of chemicals and nutrients into the brain.

Therefore, it has an ability to act on the brain directly in a way that other drugs do not.

GHB is generally taken in a liquid form, though it is sometimes found in powder, tablet, or capsules. Since in its liquid form the strength of GHB varies, and people’s reactions to it vary, it is very easy to take a dangerous dose of this drug. The effects of the drug begin 10 to 20 minutes after taking it and last up to 4 hours.

GHB can produce hallucinations and feelings of relaxation and euphoria. People who use GHB also report feeling increased energy, feeling affectionate and sociable, mild disinhibition and enhanced sexual experience.

Health risks include nausea, loss of coordination, difficulty concentrating, and loss of gag reflex. Because doses are difficult to quantify, overdose can occur quite easily, especially when combined with alcohol. Warning sings of GHB overdose can include:  Vomiting  Severe headache  Very slow breathing and heart rate  Withdrawal symptoms like insomnia, anxiety, tremors and sweating  Memory loss  Difficulty breathing  Loss of consciousness

Because of the risk of overdose, GHB may be the most dangerous club drug distributed by UW fraternities in terms of its immediate consequences. GHB has caused 73 GHB related deaths since 1995. GHB emergency room admissions nearly quadrupled nationwide between 1998 and 2000, when 4,969 cases were reported.

Because GHB leaves the body’s system relatively quickly, it is not easily detected by medical tests. It is important to tell a medical provider that you have been using GHB so that you can get appropriate medical help. GHB can easily be slipped into someone’s drink undetected. If you start to feel symptoms that don’t make sense with what you are drinking, get help immediately.

Remember that illegal drugs are produced in underground labs and you can never be sure what’s in the drug or how strong it is. Making GHB from a recipe is also extremely dangerous.

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I used to believe in fraternities and the ideals they espouse, until I realize 3 important things:

1) those values and ideals do are not exclusive to that fraternity, and in fact exists separately from them. One can find these virtues within themselves, and furthermore, no external organization will help you develope it, because it is a matter of your own inner work.

2)Fraternities are businesses. They are not charitable organizations as they implied or “claimed” to be with their literature of a communal and brotherly sense of love. Your dues are not cheap, and the carrot dangled in front of lazy or overly ambitious pledges that they have connections to career paths are not guaranteed. In fact you are expected to share your own resources with the rest of the opportunistic brothers who are there expecting hand-outs. “Networking is as networking does” — if you are that obligated to so many people to get to where you are, you’ll go emotionally, financially and morally broke returning favours before you know it.

3)In this day and age where we are constantly bombarded by media telling us what it means to be a man, from being good consumers to being the overly-sexed, or athletes or MMA fighters or what-have-yous; the truth is, we are all young at this age and truly afraid, confused and clueless. It is at this point we may easily be swayed to buy into the “Abercrombie and Fitch” hype that fraternities are trying to sell. I was buying it all up, until I woke up in time to realize, I was giving away something more special — my individuality, my ability to think for myself, my awesome freedom to be responsible for myself.

I was very fortunate to escape unscathed as I extricated myself from the “pledging” process, which is actually a thinly disguised hazing process. Now, I must make a clear note that I was not dropped, but rather was encouraged to remain. However, as I observed the discrepancies between words and deeds, I cannot in good conscience stay.

And although at the moment when I left I suffered serious depression— I was berated for being “not a man”, and that I was betraying and being ungrateful to these brothers who are so generous and loving me so much, it occured to me that why are they harassing me so if they really “love” me? Nonetheless, the experience was so bad, because you run into them in the halls and classes and at the cafeteria and library or at the gym, you get these constant barrage of belittlement.

My depression got to the point that my grades dropped, but I remained true to myself and finally got over it. And now that I am over it, I am happy that I did left, because the guys that I pledged along side (and they have now become full-fledged members) are no more better than they were before, in fact, I think a few have actually become less vibrant individuals because of the secrets and politics they must keep within that fraternity. They are no more happier than when they were pledges, and i think they were actually somewhat diminished by the process. They still walk around the campus in packs, not really widening their social circles because they think that their brothers are enough. Some don’t even tell their non fraternity friends that they are in a fraternity, taking the supposed enlightened high-ground that they won’t understand. Or is it fear that you might be look upon with suspicions, face rejection, or worse, that maybe subconsciously you are aware of all these negative press tha thave been accruing for DECADES?

Just what kind of non-spoken and implied behaviour unofficially enforce this conscious shrinkage of one’s social circle?

The reality of fraternities AS I SEE IT is that it is supposedly a place to become better a person, where the experiences that transpired there (which are to remain a SECRET) will supposedly mold you into a person of integrity, etc. But the way some of your brothers behave makes it socially undeniable for you to behave otherwise.

If they are all about integrity, and building character, why do the pledging process continue to denigrate pledges and hopefuls? And I do not mean the stuff that they publicized, I mean the ones that happen behind close doors that the brothers then force the pledges to NEVER disclose. Last I check, the only kind of behaviour that resembles this kind of power-abuse-dynamic is found in domestic sexual abuse of children?

And since you made that oath to keep the secrets, then must I also add that you are obligated to stand beside your so-called brothers even at the possibility of perjury?

Of which then I would further ask — at what point did the process of selection managed to be so stringent and exclusive that they would rather pick from the student body, these potential rapists? At what point did these peer-pressured nucleus of fraternity “men”, decided to “allegedly rape” the girl because they probably thought “my bros are all doing it, so i better do too”.

So, somewhere down these so-called lines of selections, senior brothers who are overseeing the process of selection and of enforcing discipline of these man-childs become slack and sub-standard.

Of course, what we witness here is also what is happening in Big Corporations, to which some of these fraternity’s august alumnis were named as the helmsmen, i am not pointing at SigmaChi per se, but these corporate helms-men-cum-fraternity boys are merely passing off and shrugging off the blame and accountability when negligent practice of environmental damage or products and services causing negative consumer impact. As these young fraternity men are now shuffling blame or remaining mum. perhaps the apple do not fall that far off from the tree.

When a hierarchy and its traditions no longer mold upstanding men, and merely become an elitist and incestutous and nepotistic cess-pool, I think one should leave to avoid corruption, ruination of one’s good name, and worse, become the straw-dog and moral exception to which your lesser “brothers” can point to and claim that “not all of us are bad”. Wh do one need to be an apologist for an obviously defunct group just because you have membership to it?

Loyalty is a virtue, to which then it must then serve Virtue itself as well; such as courage, righteousness, honesty and discipline —these values are what we should show loyalty toward, not because you swore in a fit of passion and carmaderie to a group of obviously immature people like yourself. Again I reinterate, the ideals are not exclusively

and if you are in the fraternity for the fun, girls, booze and parties, and the instant promise of getting “bros” who “got your back”, then be honest to yourself and admit that— don’t drag out some dusty virtues that is carved on some rusty plaque in latin or greek and hide behind it like you would a shield.

Indeed, if you feel that you need to be an apologist still and claim the moral high ground, because, in truth, you refuse to admit that your choice for joining a fraternity is now obviously problematic, then, you may find yourself the only proverbial unrotten apple in a barrel full of contaminated fruit, and common sense will illustrate, you may not surve the experience untainted.

And as a parting thought, I inquire as to why “Anonymous” did not use his real name, if he is so proud of his fraternity?

regards, Christopher Anderson

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@Christopher Anderson He didn’t use his name because that’s the defense from “Animal House” why Delta shouldn’t be kicked off campus. Good job picking up on that one.

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