A former ASU student has filed a civil lawsuit against the Sigma Chi House fraternity, alleging two of its members sexually assaulted her in February 2008.
Two men, Matt Potter and David Gallagher, who were Sigma Chi members at the time, are named in the civil suit but have not yet been served.
“She had been a student for two weeks when it happened,” said LaShawn Jenkins, the woman’s attorney. “Sigma Chi had hosted a party at a sushi restaurant and bused in some girls from the Pi Beta Phi sorority.”
Jenkins alleged that Potter, a Sigma Chi member at the time, or another individual, prepared his client a drugged alcoholic drink, with intentions of impairing her memory and incapacitating her.
The woman was 19 at the time.
“Sigma Chi members took the girls’ purses from the bus and took them back to the frat house in an attempt to lure the girls to the house. It worked,” Jenkins said.
Court documents stated that Sigma Chi had been placed on probation for an unknown reason the day before the alleged sexual assault took place.
“When an organization is put on disciplinary probation, what that means varies according to the specific sanction,” ASU spokeswoman Sharon Keeler said. “The sanction can, for example, limit participation in intramurals, fundraising, social events, etc.”
It is unclear at this time whether Sigma Chi’s probationary period that began the day before the alleged sexual assault should have prohibited the Sigma Chi house from hosting the social event, which members of Pi Beta Phi attended.
Jenkins said his client does not remember anything after the drink.
“She woke up the next morning at the Sigma Chi house in severe … pain,” he said.
Jenkins said members of Pi Beta Phi and Sigma Chi identified Gallagher as an assailant of the woman.
“The things done to her were without her consent,” he said. “She was not able to consent.”
Jenkins said the door to Gallagher’s room had a sign that read “therapist.”
“When you break up that word, you get ‘the rapist,’” Jenkins said, “A nickname that he used to go by.”
The woman was evaluated at Tempe St. Luke’s Hospital the day after the alleged sexual assault took place, he said, and physical exams confirmed that she had been sexually assaulted. She filed an incident report with ASU Police on the same day, Feb. 2, 2008.
The incident report indicated that her preliminary breath test, which is a form of a Breathalyzer, was .107 at 3:04 p.m. at the hospital on the afternoon she was evaluated.
Jenkins and his client filed a complaint in civil court last week on Feb. 2, the final day before the statute of limitations to file a civil claim was up. Jenkins said he hopes a civil suit will lead to possible prosecution in the criminal system.
“There’s got to be other victims out there,” he said. “Sigma Chi has a history of violations.”
After being evaluated and undergoing counseling at a sexual assault center in Tucson, the woman wanted to return to school at ASU.
“She tried to return to ASU,” Jenkins said, “but she was filled with fear. She would have panic attacks, especially at night. She felt helpless and isolated.”
Her counselor advised her to leave ASU, Jenkins said.
The woman is currently enrolled at a community college in Tucson.
“She’s bold and courageous in coming forward. She’s still going through a lot, but she has expressed her desire to prevent this from happening again and go get compensation for everything she’s been through,” Jenkins said, adding that she continues to suffer from a severe ongoing stress disorder.
Jenkins said he has no set amount of compensation right now, but estimates his client will seek damages of no less than $500,000.
“If I had to put a number out there, I would say $750,000 at this time,” he said.
The current suit is filed against Sigma Chi at ASU as well as the Sigma Chi House Corporation of Epsilon Upsilon.
“We have not served the individuals in the case yet,” Jenkins said.
From the date of filing, the accused have 20 days to respond.
So far, Jenkins said, there has been no response.
Michael Dunn, Sigma Chi’s executive director, said the situation is upsetting.
“We take it very seriously,” Dunn said. “We are currently in the process of obtaining legal council.”
The national chapter and ASU’s chapter have 20 days to contact the court from the time they were served on Feb. 2.
“There will be a response,” Dunn said, adding that one of the men named in the suit was previously removed from the fraternity for unspecified reasons. Dunn could not confirm which one of the men is still a Sigma Chi member, but Gallagher is still a student at ASU and Potter is not, Keeler said.
“Whatever the outcome of the case, we will take the appropriate action,” Dunn said.
The Sigma Chi House will not be legally representing the two men allegedly involved, he said.
Dunn declined to comment on Sigma Chi’s alleged violations going back to 2003 and spanning months after the alleged sexual assault.
In 2003, the chapter was placed on probation for one year after allegations of hazing, physical abuse and forced drug use. Other allegations included alcohol violations, coerced sexual acts, decapitating and mutilating a cat, damage to hotel property and illegal party activities.
In the civil complaint filed by Jenkins, Sigma Chi is accused of a history of severe sexual harassment, discrimination and abuse.
“For more than five years preceding [the woman’s] rape, Sigma Chi and its members committed continual code of conduct violations and sexual and violent offenses in a series of incidents that, taken together, created a sexually hostile environment for female students,” according to court documents.
Reach the reporter at kpatton4@asu.edu
