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Victim sues after DU-Phi Psi Swarthmore fight
September 22, 2005
Wallingford resident sues college over frat altercation
BY REUBEN HEYMAN-KANTOR
Wallingford, Pa. resident Mark Bowen has sued Swarthmore College and the school’s two fraternities after a fight that occurred on campus in the early morning hours of April 25, 2004.
Bowen, aged 19 at the time of the incident, alleged that he was beaten unconscious by members of the Delta Upsilon and Phi Psi fraternities. The suit was filed in June of this year at the Court of Common Pleas of Delaware County in Media.
Criminal charges were not brought against any members of the college or the community after the incident, according to Swarthmore police.
“We were not able to identify the perpetrators. We don’t have a suspect [at this time],” Swarthmore borough Chief of Police Brian Craig said.
The lawsuit claims that after getting into an altercation at a party hosted by the DU and Phi Psi fraternities, Bowen was chased by members of the fraternities and beaten at the railroad tracks adjacent to Swarthmore College.
After the assault, DU cancelled Margaritaville, its annual end-of-the-year party. No students were disciplined by the college.
“As far as the college’s liability, I think there was gross negligence as far as over-site for the party,” Bowen’s attorney Daniel Doyle said.
“We are aware this was a party of 150 to 200 people that had many young people in attendance, many of which were underage, including some local high schoolers. There was no doorman. There was nobody taking IDs. There were kegs in the basement. No money was being paid. They were pouring luges of booze down ice sculptures. Obviously state laws were broken,” Doyle said.
Presidents of both fraternities, members of the administration and a lawyer for Swarthmore College all declined to comment on the allegations because of the ongoing nature of the lawsuit.
The lawsuit raises questions about Swarthmore’s alcohol policy, particularly the college’s use of student Party Associates to monitor underage drinking and provide security.
In the complaint, Bowen charges that the college should have recognized the possibility of and taken “appropriate measures to prevent, report, and/or control any fighting or disruptive behavior occurring at the party.”
If the college and Bowen are unable to settle out of court, the case will likely go to a jury.
According to state law, if Swarthmore were to lose the case in court, the jury would decide the award for the plaintiff.
There are no minimum or maximum caps for civil suits in the state of Pennsylvania.
The complaint described the injuries sustained by Bowen as extensive, including “having his jaw wired shut and surgery.” It went on to claim that the plaintiff suffered, “extensive pain, anxiety, humiliation and limitation as a result of his injuries and will continue to suffer the same in the future.”
Like most major educational institutions, Swarthmore has liability insurance. If Swarthmore loses the case or settles out of court, United Educators would likely cover most of the cost.
Representatives for United Educators had not returned any phone calls seeking comment at press time.
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From the files
Date of filing: June 10, 2005
Plaintiff: Mark Bowen
Defendants: Swarthmore College, Phi Psi Fraternity, and Delta Upsilon Fraternity
The lawsuit alleges that on April 25, 2004, Bowen attended a party “jointly arranged, promoted, hosted and funded” by the fraternities “and/or” the college. It states that “each of the Defendants knew or reasonably should have known that the party would involve attendance in excess of 200 people, including attendees who were under the … legal drinking age of 21 years.” During the party, the “Plaintiff was provided with, and/or provided free access to alcoholic beverages including beer and a ‘luge’ where alcohol was poured into his mouth and throat.”
“At no time,” however, “did Defendants … request identification or proof of age from Plaintiff.” The “Plaintiff became involved in a physical struggle with another party atendee,” resulting in his being “viciously attacked and assaulted by a large group of the party’s attendees.” “Approximately 6-7 of the party attendees from the group” pursued Bowen until he tripped on the railroad tracks. The attendees “proceeded to violently kick Plaintiff in the face and body as he lay on the railroad tracks.” The suit alleges that Bowen was “left upon the railroad tracks in an unconscious state.”
According to the suit, Bowen “sustained severe injuries as a direct result” of the attacks, “some or all which may be permanent in nature.” The injuries caused Bowen to undergo surgery and have his jaw wired shut. The suit goes on to allege three counts of “negligence, carelessness, and recklessness” against the college, Delta Upsilon, and Phi Psi. Seventeen points of alleged negligence are listed in each count. Each count ends with a request for damages “in an amount in excess of $50,000, plus interests, costs, and any delay damages.”
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