Police investigation continues; prosecutor’s office reports no case referral
A University of Arizona sorority member told the university’s police department that two men sexually assaulted her at the Sigma Phi Epsilon house in Tucson on Aug. 26 during a night of drinking. Search-warrant records posted Monday night by KOLD-TV in Tucson contain the account described to investigators; university police say the investigation remains ongoing.
According to the records, the student said she consensually kissed one of the men at one point but did not remember agreeing to sex. She told an investigator that she had consumed tequila, including sharing a cup of the beverage with friends, saw two men sexually assaulting her and felt one man’s breath on her face. She also recalled awakening the next morning without pants or underwear and having difficulty swallowing, which the records described as a possible sign of strangulation. She reported the allegation to police later that day and underwent a forensic exam at a hospital.
In a recorded call two days after the encounter, one of the men acknowledged having sex with the student but said she had agreed to it. He denied that the second man had sex with her, said he had been drunk and “fuzzy” on what happened, and said people had recorded video of the student and him kissing in a bathroom. The man’s account and the student’s account differed on whether she consented to sex.
The allegation surfaced two weeks after the university suspended activities for its 21 fraternities amid reports of misconduct that included assault, hazing and drug- and alcohol-related behavior. The university has since lifted suspensions for all but five of the fraternities after mandatory meetings with the dean of students. Sigma Phi Epsilon is not among the five fraternities still suspended.
Separately, the university put Sigma Phi Epsilon on probation from July until May of next year after a hazing complaint. The national fraternity organization said it had ordered members of the Arizona chapter to comply with any investigation. “The Fraternity has suspended those involved while the investigation proceeds. Any member found responsible will be expelled from Sigma Phi Epsilon, and we will cooperate fully with law enforcement as it seeks accountability under the law,” read a statement from Brian Warren, chief executive officer of Sigma Phi Epsilon. “Retaliation against the alleged victim or any witnesses would also not be tolerated,” Warren said.
The Associated Press left email and phone messages with the university Tuesday seeking comment. The university’s police department said the investigation was ongoing and declined to say whether any arrests had been made. The Pima County Attorney’s Office said the case had not been referred to it for prosecution.
The Arizona allegation came amid other recent cases involving alleged sexual assault at fraternities. At Cornell University, a former student alleged that multiple Chi Phi fraternity members sexually assaulted her in October 2024. The allegation sparked campus protests, renewed scrutiny of Cornell’s disciplinary system and a state investigation, while several of the men denied engaging in nonconsensual sex or denied touching the woman.
This week, a woman identified in the lawsuit as Jane Doe sued Alpha Delta Phi and its Chicago chapter, alleging that a member raped her in February during a party at an on-campus residence. According to the lawsuit, she reported the assault to city police the next day. Chicago police did not name the fraternity or provide an exact address, but said they were investigating a report of a sexual assault on the same block early on 8 February. The University of Chicago and Alpha Delta Phi did not respond to emails before publication.
Chicago police are also investigating after a woman reported being sexually assaulted during a party at another fraternity earlier this month. The University of Chicago said in a statement last week that a woman had reported the assault at the Alpha Epsilon Pi fraternity house. The fraternity said none of its members took part in the alleged attack.