Fraternities and their famed parties have been a part of the American collegiate experience almost as long as colleges and universities themselves have existed. Unfortunately, the issue of sexual assaults at fraternities, and on college campuses generally, has become a major national problem garnering a lot of attention and raising many important questions.
A recent case from Wesleyan University in Connecticut highlights many of these issues. An undergraduate student there has filed suit against both the Psi Upsilon fraternity’s national organization and the local Wesleyan chapter where an alleged rape took place at a typical fraternity party. The suit claims that because the fraternity house is on campus it is therefore “university housing” and thus has a duty to keep its residents and guests safe. It goes on to note that under the school’s Community Standards and Residential Regulations the hosts of events are to be held liable for harm endured by guests. The assailant and individual fraternity members are also named as defendants, but Wesleyan University it not. As for the party itself the scene described is all-too-regular: a “wildly out of control” affair with numerous underage and “extremely intoxicated” students stopped being fun and turned into a nightmare for this particular freshman. The alleged assailant was expelled after internal University disciplinary proceedings were brought.
This case raises many of the complex issues associated with liability for the events at fraternity parties on the part of the fraternity as an organization and college where it resides . The quasi-official status of the fraternities varies in how much they are recognized by each school, and the relationship of each individual “chapter” to the national organization make these difficult cases. There is also the issue of alcohol, which more often than not plays a role in these unfortunate events, and this complicates the picture further.
If you or your child has suffered from a fraternity-related event, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Rockville attorney. Our office is conveniently located in Rockville, Maryland.