Story Published:
Sep 16, 2003 at 2:46 PM PST
Story Updated:
Jul 29, 2009 at 11:30 AM PST
SEATTLE - For the second time this year, the University of
Washington and the Sigma Chi fraternity have been sued by a woman
who claims she was raped by a football player following an
off-campus party.
Lawyers for Fallon Schumsky, 19, said she attended a party on
May 30, 2002, at which she drank several beers before being handed
a mixed drink in an open container. She contends she wound up going
back to her off-campus apartment with Eric Shyne, a bench-warmer
for the football team, who then raped her.
Schumsky's lawyers filed a lawsuit in King County Superior Court
on Tuesday. It names Shyne, the university, and the two
fraternities that sponsored the party - Sigma Chi and Beta Theta Pi
- as defendants. Shyne could not be reached for comment.
Earlier this year, a 22-year-old woman identified as J.M.L. sued
the university and Sigma Chi, as well as Jerramy Stevens, a former
Washington Husky who now plays for the Seattle Seahawks, claiming
Stevens raped her outside a Sigma Chi party in 2000. Stevens says
the contact was consensual.
Attorneys Becky Roe and Kathy Goater, who are representing both
women, said the university and the fraternities must be held
responsible because they provided the alcohol that the women
consumed and failed to supervise guests at the parties.
Sigma Chi co-sponsored the May 2002 party at Beta Theta Pi.
"The fraternities' conduct that evening was irresponsible and
reprehensible," Goater said, while the university has "turned a
blind eye and a deaf ear" in refusing to exhibit stricter control
over the fraternities and the athletes.
Even though Shyne has no criminal record, they said, the
university knew or should have known he was a danger to Schumsky,
because "student athletes commit a disproportionate number of
sexual assaults on university campuses." The university failed to
protect her from him, the lawsuit alleged.
Andrew Cooley, a Seattle lawyer who is defending the university,
said the school has never tried to regulate the behavior of its
39,000 students off campus.
"Our relationship with the fraternities does not include
policing their social functions, let alone following their social
guests back to their apartments to prevent a sexual assault from
occurring," Cooley said Tuesday.
"These are not university issues. They're societal issues. If
anybody's come up with a way to eliminate episodic alcohol abuse
among young people, we haven't heard of it."
Shyne was recruited as a cornerback out of Pomona High School in
Pomona, Calif. He redshirted his first year, in 2001, and never
actually played a game for the Huskies before leaving the
university - reportedly for academic reasons - this year.
A lawyer for Sigma Chi did not immediately return a call, and
phone calls to Beta Theta Pi went unanswered.
King County prosecutors reviewed Schumsky's allegations last
year. In October, they declined to file charges due to a lack of
evidence, said spokesman Dan Donohoe.
Civil lawsuits require a lesser burden of proof than criminal
cases - a "preponderance of the evidence" rather than "beyond a
reasonable doubt."
Mike Hunsinger, a lawyer who also represents Stevens,
represented Shyne during the criminal investigation and said he
hasn't heard from him since. Hunsinger said he could not comment on
the lawsuit without Shyne's permission.
"I don't even know where he is," Hunsinger said.
Cooley said the university recognizes fraternities as
off-campus, private entities as long as they agree to certain
conditions, such as registering their parties with the state Liquor
Control Board and requiring all members to attend awareness classes
on sexual assault and alcohol abuse.
The university's athletic department does reserve the right to
kick players off teams if they're convicted of a felony while
enrolled, he added.
Roe and Goater alleged that the university had cited the
fraternities - Sigma Chi more frequently - in the past few years
for policy violations, but no effective steps were taken to prevent
future violations, including the serving of alcohol to underage
partygoers.