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.