Washtenaw County Prosecutor Eli Savit and the Ypsilanti City Council filed a lawsuit against the Eastern Michigan University fraternity Delta Tau Delta Theta due to sexual assault allegations.
Former EMU students and ex-members of the fraternity Dustin Durbin, D’Angelo Williams, and Thomas Hernandez are among those accused of sexual assault on female students.
“Over the past seven years, we have had no fewer than 15 reported assaults and three additional related assaults dealing with Delta Tau Delta Theta XI Chapter,” Savit said. “We are prosecuting those people who committed these assaults, but we also saw conditions that led to the causes of assault. This lawsuit is aimed to address those conditions towards a culture change at the fraternity so it doesn’t happen again in the future.”
According to the official court documents provided by the 22nd Judicial Court of the State of Michigan, the main condition leading to sexual assault at the EMU fraternity was underage drinking.
“The lawsuit was filed as a public nuisance which is a broad legal nuisance which allows to issue injuries that allow the welfare and health and well being of others,” Savit said. “Currently the District Attorney’s office is seeking to have the court issue an order that will ensure those conditions at the fraternity won’t happen again in the future.”
EMU students held protests in September 2021 after three Title IX lawsuits were filed against the university and the Delta Tau Delta and Alpha Sigma Phi fraternities. The lawsuits were filed by 24 individuals who claim the university failed to protect them. Alpha Sigma Phi dissociated from EMU in October 2021.
“Relating to the student protests that occurred on the university’s campus, I was aware of protests, but more fundamentally I was very aware of the assaults and danger to safety towards women who attended these parties,” Savit said. “This is another key component of the lawsuit.”
The official court document states that if Prosecutor Savit and the Ypsilanti City Council were to find a nuisance, the property Delta Tau Delta Theta XI Chapter resides in could be shut down for one year.
