A San Diego State University student is suing a fraternity at the school, alleging she was sexually assaulted at an off-campus house party last year. It’s the latest hit to the school’s Greek system, which last month placed seven chapters on interim suspension.
The suit, filed last week in San Diego Superior Court, names both the local Phi Delta Theta chapter and its national parent organization, as well as the person who is accused of assault. SDSU is not named in the suit.
The defendant’s attorney, Kerry Steigerwalt, said the woman’s claims “are outrageously false.”
“The evidence will bear out the truth as the case proceeds through litigation,” the San Diego-based attorney said. He said his client has since graduated from SDSU.
Phi Delta Theta’s national headquarters said it “took action to expel the individual shortly after the alleged incident.”
“The Fraternity is working with San Diego State University administration to investigate this alleged incident and address any misconduct as necessary,” the organization said.
A university spokesperson confirmed that there is “an active and ongoing Title IX investigation, and appropriate action will be taken when the investigation has concluded.”
The university has worked to curb behavior concerns at some of its Greek organizations, and in October, it placed seven chapters — including Phi Delta Theta — on interim suspension as it investigated allegations of code of conduct violations.
The university did not disclose the nature of the allegations but said none of the suspensions were related to one another and all were linked to alleged incidents this semester. Four of the seven houses remain on interim suspension, including Phi Delta Theta.
Problems have plagued the Greek programs in recent years. Earlier this year, the family of a former SDSU student sued Kappa Sigma, alleging he nearly died after he was forced to drink while he was pledging in 2021. The group was already on suspension for prior incidents and has since been expelled.
In 2019, Dylan Hernandez, a freshman from Florida, fell from the top bunk bed in a campus dorm and later died. His family sued, alleging he’d been drinking heavily at a party while pledging Phi Gamma Delta.
A previous Union-Tribune investigation found that 19 fraternities and sororities had landed in varying degree of troubles with the university from 2014 through 2019.
The suit the woman filed last week alleges she was assaulted at a party on Labor Day 2022 at one of the local fraternity chapter’s “satellite” house in the College Area. The house is not on campus, and it’s not clear whether it was officially recognized as a part of the fraternity.
The woman, who was 18 at the time, said someone at the party handed her alcohol, and after drinking it she “became physically impaired and experienced lapses in memory.” At the time of the alleged incident, all Greek houses at SDSU were under a mandated “dry” period, an alcohol-free stretch that runs from August to October for any sanctioned events.
The suit alleges she came to and found the defendant having sex with her, and that he told her “Don’t worry. I used a condom.”
She said she got up and threw up, and another man in the room helped her clean up. She said the defendant put his name and number in her phone.
The woman’s attorney, Hailey Aanestad, said her client made a law enforcement report shortly after the incident. She said they are hoping a criminal case will be brought.
“But beyond that, the goal with any case is to bring attention to any misconduct and to bring systemic change within the system,” she said.
San Diego police and the District Attorney’s Office did not immediately respond to questions regarding a possible criminal investigation into the allegations.
The SDSU chapter of the fraternity has been subjected to discipline a few times in the last three years. Before the suspension levied in September, the chapter was already on probation for an incident in February. The decision letter cites violations of alcohol and health and safety codes of conduct for students. The letter does not give specifics.
Staff writer Gary Robbins contributed to this report.
