SAN DIEGO (KGTV) — A fraternity at San Diego State and one of its former members have been sued over an alleged rape that happened in Sept. 2022, according to the complaint filed in court.
The lawsuit says Phi Delta Theta held an event during a dry period, which, according to the university, means "all events held by recognized student organizations must be alcohol and substance-free."
The attorney of the alleged victim says the fraternity was serving alcohol.
"A student was given alcohol. The next thing she knows, she wakes up and is being raped by a fraternity member," said attorney Morgan Stewart.
Stewart says that fraternity member was Yhover Perez. The lawsuit also claims this was not the first time Perez sexually assaulted someone.
"He engaged in unlawful sexual related conduct in the past and was continuing to engage in such conduct and the fraternity failed to take any disciplinary action," the lawsuit claims.
Phi Delta Theta’s headquarters sent ABC 10News the following statement:
"The chapter became aware of an allegation against this former member and took action to expel the individual shortly after the alleged incident. The Fraternity is working with San Diego State University administration to address any misconduct as necessary."
SDSU was not named in the lawsuit.
The university says it cannot comment on the investigation, but the school will take appropriate action when it ends. The university also told 10News it offers training to student organizations every year about sexual misconduct, hazing, alcohol and drugs. The training is mandatory.
