Phi Delt's lawyers sue U Iowa

[hoosier]

Tuesday, February 8, 2005


Phi Delta Theta sues university



By Mike McWilliams
Iowa City Press-Citizen

More than three years after alleged hazing and alcohol violations, a University of Iowa fraternity is suing UI and some of its officials alleging illegal use of a tape recording to suspend the chapter's recognition.

Phi Delta Theta, 729 N. Dubuque St., filed its lawsuit Friday against UI in Johnson County District Court. It also named as defendants UI vice president for student services Phillip E. Jones, Jones' associate, Thomas R. Baker, UI Associate Counsel Maria Lukas and UI human resources specialist David Bergeon.

The lawsuit does not specify monetary damages. However, Phi Delta Theta's attorney John Maher said it could be more than $480,000 -- the amount cited in a claim filed against UI with the state in July.

"That, I'm not going to predict," Maher said of the damages. "That was a claim that was made on the best map that we had at the time and it's the claim on which the suit is based. It's the same claim. ... We believe that's what the claim will amount to, but it's not entirely up to us."

UI General Counsel Mark Schantz and others in his office did not immediately return phone calls seeking comment.

The university revoked Phi Delta Theta's recognition in January 2002 after investigating a former fraternity member's complaint that he and other new members were forced to drink fifths of various hard liquors in a 20-minute stretch during August and September 2001. The fraternity pleaded guilty to an alcohol charge but disputed its members engaged in hazing. UI later dropped the claim.

The main damages sought come from UI's use of a tape recording made by the member. The fraternity claims the tape was obtained illegally and should not have been used by Jones and others during the UI investigation and hearing process.

If shown to be illegal, state code sets out civil penalties including $100 a day for each day of violation.

"We're still more or less adding up the damages," Maher said. "The damages arise from a couple of years of being kept off campus and not being allowed to participate in rush week and approach new members."

Phi Delta Theta regained its status last year.