Fraternity’s defense attorneys call for sexual assault suit dismissal
No trial date has been set in the case a former student filed against USC’s Mu Theta chapter.
By MICHELLE RIVAS
Attorneys representing the Sigma Alpha Mu fraternity are asking that a 2021 sexual assault lawsuit be dismissed, claiming the plaintiff’s emotional distress was due to “pre-existing psychological disorders or alternative concurrent causes” rather than assault.
While an official motion to dismiss the case has yet to be filed, attorneys for The Perfect Event, one of the cross-defendants being sued in the suit, filed a demurrer and a motion to strike the plaintiff’s claims July 24. A hearing for this motion is scheduled for Sept. 5 at the Los Angeles County Superior Court.
A lawsuit filed by a woman identified only as Jane Doe alleges she was sexually assaulted while intoxicated at a Sigma Alpha Mu party in 2020 by Peter Hwang, a former member of USC’s Mu Theta Chapter. Doe filed the suit with the L.A. County Superior Court in 2021. The suit alleges that the assailant, Hwang, was sober during the attack, while Doe was intoxicated.
The suit describes the night of the alleged assault, where Doe claims to have been forced into a gymnasium. There, she alleges that Hwang severely beat her, resulting in a black eye, abrasions, a urinary tract infection, and severe emotional distress. Doe also alleges Hwang traumatically took her virginity despite her desire to refrain from sex until marriage.
The case has not gone to trial and is still in the early stages of court proceedings. Attorney Hillary Johns filed a judicial notice request on behalf of Doe on July 31.
Doe’s attorney has not filed any motions to dismiss the case and will continue to fight the case. Due to privacy concerns, her attorney was unable to discuss the details of the case with the Daily Trojan.
Lawyers for the defendant did not respond to the Daily Trojan’s request for comment.
Doe is suing on the basis of negligence, negligent hiring and supervision, assault, battery and intentional infliction of emotional distress. Implicated in the suit are the USC Mu Theta Chapter and property management companies, including Sam National Properties LLC, Sam USC Housing LLC, Sam Property Management LLC, and Jero Enterprises Inc. — which conducts business as Brad Management. The plaintiff is seeking at least $5 million.
The accusation against Hwang prompted the University to hire investigators to assess the case. The University’s Title IX investigator found Hwang violated the University’s sexual violence and sexual assault harassment policy and its student code of conduct. The suit states USC dismissed Hwang in July 2020.
The suit also alleges that, while a police investigation was still pending, Mu Theta Chapter fraternity members directly contacted Doe and attempted to dissuade her from pressing charges for fear that a lawsuit might shut down the fraternity and its parties.
This case is just one of the series of major controversies USC has faced in recent years over claims of inappropriate conduct by fraternity members. A string of reports of druggings and sexual assault at Sigma Nu and other fraternities in October 2021 prompted protests on Greek Row. Last year, the University addressed growing concerns over sexual assault and misconduct allegations at fraternities by implementing strict regulations on fraternity parties. Ten of the 14 fraternities at USC subsequently disaffiliated and several protests ensued, including one outside of the Sigma Nu fraternity house back in 2021.
Doe has not spoken publicly about the matter. In an interview with “Good Morning America” last August, Doe’s mother — who concealed her identity to protect her family’s privacy — said her daughter is still deeply affected by the incidents and is currently in counseling to cope with the trauma. She said Doe still suffers from nightmares, depression and difficulty sleeping due to emotional turmoil.
Court hearings for the case will resume in September.
