Imagine this scenario taking place at Greek parties all around the country: A fraternity hosts a party at its house and invites either another sorority or allows non-Greek students to attend. Alcohol is served at the party, and members may smoke marijuana and consume other substances. During the event, fraternity members host a number of drinking games. Solo cups brim with beer and hard seltzers. Over the course of the evening, everyone playing these games becomes intoxicated to some degree. Some students might be so drunk that they cannot walk or talk, while others may even end the evening throwing up.
The Hook-Up Incident
A fraternity brother invites a sorority sister or one of the females attending the party to his room to “hook up.” Many fraternity members notice the two students leaving the party and heading in the direction of the bedrooms. Nobody stops to ask any questions; everyone is just having a good time. Later, the female leaves the room and reports that she was sexually assaulted.
Title IX Complaint and Investigation
After the report, the female student may file a Title IX complaint or make a report with campus police. The university in question will commence an investigation to determine whether there was a violation of Title IX policy against sexual assault. The university might even investigate whether the fraternity has any responsibility for what occurred in the bedroom. For purposes of this story, let’s assume that both the complainant and the respondent in the Title IX action hire Title IX lawyers to serve as advisors. Typically, the complainant will hire an advisor skilled in navigating campus sexual violence cases. This attorney will ensure that the client receives all the Title IX protections afforded to sexual assault victims under the law. The respondent will hire an advisor with a background in criminal defense, who will also ensure that the accused client is afforded all procedural guarantees provided in university policy and under the law.
Assessing Fraternity Responsibility
In addition to holding the accused student responsible for the sexual assault, the Title IX lawyer for the complainant will also analyze whether the fraternity bears responsibility for the sexual violence that occurred during or right after the party. Here are some considerations to determine if the fraternity bears responsibility:
- Excessive Drinking: Did the fraternity encourage excessive drinking at the party? Can “social host liability” be conferred on the Greek organization? How much alcohol was consumed during the drinking games? Were students under the legal drinking age allowed to consume alcohol? Was there any monitoring of the event to cut off the drinking of those students who appeared visibly intoxicated?
- Prior Knowledge of Assault Accusations: Did the fraternity know that any specific member had previously been accused of sexual assault and allow that member to attend the party without any discussion or boundaries placed on that student?
- Promotion of Toxic Masculinity: Did the fraternity promote a “toxic masculinity” culture where hooking up is encouraged? Were sexually demeaning comments tolerated? Did members circulate nude pictures of female students?
- Failure to Intervene: Did members of the fraternity see a brother leave the party with an incapacitated student and not intervene to prevent sexual violence?
- Preventative Measures: Did the fraternity take sufficient action to prevent sexual assault? Was there training on the interplay between alcohol and consent? Was there a discussion on how to obtain affirmative consent? More recently, have there been conversations about the pitfalls and dangers associated with engaging in rough sex?
The Role of Title IX Lawyers
Our Title IX lawyers advise students on all the issues discussed above. It’s important for students to obtain qualified legal help when these types of allegations arise. It’s also critical for students to work toward preventing sexual violence from happening on campus or at Greek events.
KJK’s Title IX defense attorneys are here for you. Let us help defend your rights and protect your future from accusations of misconduct. Contact us today by completing this contact form or calling 216.716.5630.
Related: Title IX and Disability Rights: Accommodation for All Students