BLOOMINGTON -- A victim of alleged sexual assault is seeking millions of dollars in damages from Indiana University and international fraternity organization Delta Tau Delta, alleging in a civil lawsuit that the organizations failed to prevent sexual assault.
John P. Enochs of Downers Grove, Ill., was initially charged with two counts of felony rape in connection with assaults that prosecutors say happened in April 2015 and in 2013. Enochs denied those charges.
In the deal with prosecutors, Enochs agreed to plead guilty to the lesser charge of battery with moderate bodily injury, a misdemeanor. In exchange, the two rape charges were dismissed.
“What I’m looking for when this case goes to trial is for the jury to make a statement, to give her a fair award,” says Jeffrey Hermon, attorney for the 2015 alleged victim. “And I hope that sends a message to both the university and the fraternity that they have to do better.”
The allegations against Indiana University include a violation of Title IX by failing to remove Enochs from campus when he was accused of sexual assault in 2013.
The lawsuit is also filed against Delta Tau Delta, both the international organization and the Beta Alpha Shelter, the IU chapter of the fraternity.
Court documents say both organizations knew about underage drinking and sexual assault at university fraternities but did not prevent them from occurring.
The complaint says DTD should have forbidden Enochs from attending fraternity social events or monitored his actions to prevent sexual assault.
Indiana University said in a statement it can’t comment on the case because of the Federal Educational Rights and Privacy Act (FERPA). Enochs is no longer a student at the university.
Attorneys for John Enochs and representatives of Delta Tau Delta did not immediately respond to a request for comment.
“It’s really a system out of control,” Hermon says. “Under Title IX the university has an obligation to prevent sexual harassment and sexual assault from taking place, and they failed miserably in this case.”