Delts settle decade-old rape lawsuit

After a legal battle that lasted a decade, lawyers for Delta Tau Delta fraternity, 1431 N. Jordan Ave., and alumna Tracy Johnson Guthrie have settled a rape lawsuit that dates back to 1990.\nGuthrie's attorney, Ron Elberger of Bose, McKinney and Evans in Indianapolis, said the case was settled December. The parties signed a confidentiality agreement and cannot discuss its terms, he said.\n"It's resolved, and that's it," Elberger said. He said all parties to the lawsuit were pleased with the outcome. Delts' lawyer, Douglas B. King of Wooden & McLaughlin in Indianapolis, could not be reached for comment.\nDelta Tau Delta president Matt Laviolette, a junior, expressed sympathy for Guthrie, but stressed that the lawsuit was not connected to current house members, whom he said were in middle school when the incident occurred. \n"We feel the whole situation is very unfortunate," Laviolette said. "We definitely don't condone what happened. It isn't an attitude indicative of the house." \nGuthrie was an 18-year-old freshman at her first fraternity party when she was raped by Joseph P. Motz at the Delts' homecoming party Oct. 14, 1990. Motz, who was a former vice president and guest of the house that night, offered to give Guthrie a ride home after she was separated from her friends. Instead, he locked her in a room and sexually assaulted her, according to court documents. \nMotz pleaded guilty to sexual battery and served a year of house arrest, which upset Guthrie, she told the IDS in 1999. \n"It was extremely frustrating," she said. "We had a taped confession. I had practiced in the (witness) box and the day before the trial he gets this plea bargain. He just had to sit at home; he didn't have to sacrifice anything."\nGuthrie sued the fraternity, arguing that the Delts had a duty to protect her. \n"I would never pursue this for money," she said in 1999. "Initially, all I wanted was an apology and for the members to stand up and be responsible men. If there is any financial gain, it will go to a rape crisis fund." \nLawyers for Delts tried to have the suit dismissed, a nine-year battle that wound up in the Indiana Supreme Court. \nThe court ruled July 12, 1999 that Guthrie could go ahead with her lawsuit. The decision set an Indiana precedent in which the court said property owners owed guests a "duty of reasonable care" and can be held liable for not taking steps to protect guests from third-party assaults. \nGuthrie said she was pleased by the court's decision.\n"Not a day goes by that I don't think about what happened," Guthrie said. "It has been a long road, but I'm glad I stuck it out."\nElberger said he was proud the case "substantially affected a change in the law." \n"The supreme court decision was definitely a wake-up call for all fraternities and sororities," he said. "But I don't know that the fraternity system has changed much regarding alcohol, despite what they say." \nDean of Students Richard McKaig said although the number of sexual assaults on campus probably hasn't decreased, fraternities have made progress in reducing the amount of parties serving alcohol.\n"It's certainly my impression that we've made progress in recent years," he said. "I'm always hesitant to say for sure, because the majority of these activities tend to be clandestine, my impression is that the (number of) large parties with open source alcohol in the fraternity house is greatly reduced." \nDelts president Laviolette said the greek system is much safer today than during Guthrie's time at IU. He pointed to resolutions passed in 1999 by the Panhellenic Association and Interfraternity Council that stated fraternities and sororities will no longer be hosts to parties with alcohol, except off-campus at University-approved third-party vendor sites.\n"We've definitely changed the way it was -- from even last year," Laviolette said. "I can't imagine how much it's changed in 10 years. \n"I don't think a situation like that could happen again," he added. "The greek system has evolved into a better place"