DNA tests have cleared several individuals of involvement in the alleged rape of a former University of Wisconsin student at the Sigma Chi Fraternity in the fall of 2008, according to documents filed recently in the Milwaukee County Circuit Court.
The plaintiff, a Milwaukee woman identified as “Jane Doe,” filed a civil suit against the fraternity’s University of Wisconsin chapter, its national headquarters and insurers last July. The suit seeks punitive and compensatory damages for physical and emotional injuries sustained after she was allegedly drugged and raped multiple times at the Sigma Chi house.
According to a data sheet filed in December by plaintiff attorney Robert Elliott, DNA tests conducted by the Madison Police Department exonerated “some individuals from Sigma Chi, one or more of the young men believed to have been in the Sigma Chi suite when the Plaintiff woke up, as well as the young man with whom the Plaintiff went to the Sigma Chi house after the football game.”
Additionally, an amended complaint filed in December by Elliott reveals the plaintiff dropped allegations the fraternity’s owners violated Wisconsin’s safe place statute, which requires owners of public buildings to keep the space structurally and physically safe.
A Motion to Dismiss filed in October by the defendants objected to the safe place violation, stating the complaint does not prove the house must abide by the statute and the woman’s injuries were allegedly caused by illegal activities — not the house itself.
The amended complaint also includes expanded information on why the fraternity’s insurer and national headquarters should be held liable for the woman’s injuries, stating both were responsible for holding the house to the fraternity’s constitution, UW rules and state and federal laws.
A response to the amended complaint filed Jan. 6 by the defendants denies all of the plaintiff’s allegations.
The defendants are still pursuing the Motion to Dismiss, which originally was set to come before a judge Dec. 23. However, according to Marie Stanton, a Madison attorney representing the defendants, the hearing has been delayed until more information has been collected.
A scheduling order filed in December names Nov. 1 as the deadline for the completion of information collection, excluding out of court testimonies.
The order also requires that all witnesses, including medical and other experts, be determined at staggered dates leading up to Sept. 1. A list of damages is also due at that time.
A final pretrial conference will be held April 1, 2011, when a trial date, if required, will be scheduled. The defendants and plaintiff have demanded trial by a 12-person jury.
MPD spokesperson Joel DeSpain confirmed MPD’s investigation into the alleged rape, which was reported to the department shortly after Oct. 4, 2008, remains ongoing.
The former student and Elliott have previously stated they are not commenting on the suit.
Sigma Chi representatives did not return calls as of press time.
Original complaint: Uw lawsuit.pdf
