Iowa Fiji fraternity, former members sued over alleged 2020 sexual assault
Cleo Krejci
(Editor's note: This article deals with allegations of sexual assault, which may be difficult for some to read.)
A civil lawsuit filed Tuesday seeks damages against two men as well as the University of Iowa fraternity they belonged to, alleging they committed sexual assault at a party there last September.
According to the allegations, plaintiff Makéna Solberg was sexually assaulted by two then-members of the Phi Gamma Delta fraternity, known as "Iowa Fiji," in early September 2020. The alleged assault was filmed or photographed, shared with members of the fraternity and "became widely circulated," according to the lawsuit.
The lawsuit seeks compensatory and punitive damages from the two men who allegedly committed the assault as well as the fraternity. Two entities related to the fraternity are also named in the lawsuit: Mu Deuteron and the Phi Gamma Delta Educational Foundation.
The fraternity later expelled the two men. Neither are currently enrolled as students at the University of Iowa.
Iowa City police conducted search warrants and interviews in September 2020 in relation to the alleged assault, but criminal charges have not been filed. The situation is still being investigated, according to separate emailed statements from Johnson County Attorney Janet Lyness and public information officer for the Iowa City Police Department, Lee Hermiston.
The Iowa City Press-Citizen is not naming the men because they have not been charged. Solberg agreed to be named. The Press-Citizen reached out to the defendants in the lawsuit for comment.
"Phi Gamma Delta (FIJI) does not tolerate or condone sexual violence," reads a statement sent from the fraternity's educational foundation to the Press-Citizen. "The University of Iowa chapter took quick and decisive action in September 2020 to remove two members of the chapter who were alleged to have engaged in sexual misconduct, though no criminal charges were filed by local authorities. The chapter fully cooperated with the University and local police investigations in 2020, and continue to cooperate with local authorities as requested."
What happened at Phi Gamma Delta party?
The lawsuit alleges that on the night of the party, Solberg became unexpectedly ill and asked for help from one of the men, who offered her water and for her to come to his bedroom.
The men "planned and conspired to lure (Solberg) into one of their bedrooms" at the fraternity house, isolated from a friend, the lawsuit reads, and sexually assaulted her while she was intoxicated, physically impaired and could not give consent.
Related:Here are 13 findings about sexual misconduct in a new survey of University of Iowa students
The sharing of images of the photos and videos after the alleged assault "could cause those photos and videos to be stored and shared in perpetuity and cause damage to (Solberg) for the rest of her life — so long as the videos existed anywhere in the world," the lawsuit alleges. The actions were "intentional and meant to cause physical and mental harm to (Solberg), for the gratification of (the defendants)."
The lawsuit also alleges that the fraternity "knew or should have known of prior bad acts of (the defendants) and failed to take appropriate preventative actions." The fraternity's "lack of security, lack of supervision, failure to maintain a safe premises, and aid in obstructing investigation into the sexual assault was and continues to be a cause of severe personal and mental injuries to (Solberg)," it continues.
The lawsuit was filed by Eashaan Vajpeyi of Ball, Kirk & Holm, P.C. law office.
Lawsuit filed more than a year after alleged assault that spurred protests
The legal action comes more than a year after Solberg called the Iowa City Police Department on Sept. 10, 2020, to report a sexual assault. She told police she woke up on Sept. 6, 2020, the night after a party at the Phi Gamma Delta fraternity house, 303 Ellis Ave., with no memory of the night before but with bruising on her arms and legs, according to a search warrant application.
Solberg also told police that, according to friends, there was a video circulating among members of the fraternity of two men having sex with her. She also told police that the two men had contacted her asking that she not make contact with police.
According to search warrant applications filed against the fraternity and the two students, police obtained DNA of the men as well as the two men's phones and the fraternity's video surveillance. Police also interviewed several of Solberg's friends and friends of the men. Solberg's clothing was sent to a criminalistics laboratory for analysis.
A detective located a photo on one of the accused students’ phones, which he said “corroborates a photo described” by one of the people interviewed by officers, according to court records. The officer said it looked as if the photo was taken in a bedroom.
The court records don’t mention interviews of the two students who were accused.
Vajpeyi, the lawyer representing Solberg, said in an interview with the Burlington Hawk Eye that the case has been frustrating. He's handled other cases that intersected with criminal investigations.
“Our interests with the criminal prosecution system are never going to 100% align, but in those cases, I felt better about information-sharing, better about trusting that the criminal investigation was going in a good direction, and I don’t have that same confidence in this case," Vajpeyi said.
Supporters launch a petition urging University of Iowa action
This school year, Solberg's supporters launched a petition on Change.org demanding action on the case and that the fraternity be removed from campus. It had gathered more than 167,000 signatures as of Oct. 26.
"Since the courts won't give her justice, we need to do it ourselves," the petition reads. The case spurred several days of protests in Iowa City, including on the night of Aug. 31, when about 1,000 people gathered outside of the fraternity house and a second location calling for action on the case and to abolish the fraternity.
A day after the protests, the Johnson County attorney's office and Iowa City police asked the public for help in obtaining more information about the case.
"The department has previously and will continue to work closely with the Johnson County Attorney's Office on this case," the statement reads. "We have and will continue to take allegations of sexual assault seriously and will investigate them to the fullest extent."
The University of Iowa Interfraternity Council said in a statement early this school year that on Sept. 13, 2020, the fraternity "removed two members from their chapter related to the incident."
How to get help
- If you or someone you love is looking for support at the University of Iowa, contact the Rape Victim Advocacy Program at 319-335-6000. For helpline access, you can call 800-770-1650 or text ‘IOWAHELP’ to 20121.
- For other resources in Iowa, check the RVAP's resource directory athttps://rvap.uiowa.edu/directory.
Cleo Krejci covers education for the Iowa City Press-Citizen. You can reach her at ckrejci@press-citizen.com or on Twitter via @_CleoKrejci.