Lawyers representing a University of Washington student who was raped by a fraternity member in 2022 accused the university of failing to protect their client, drawing comparisons to the Cornell case that has captured national attention.
In the UW lawsuit stemming from a November 2022 rape, the survivor alleges UW was aware of prior sexual misconduct involving the rapist and failed to protect her from foreseeable harm. The UW student, identified in public documents by her initials, was a freshman sorority member when she was assaulted by a member of the Pi Kappa Phi fraternity during a social event.
The fraternity member, Wyatt Ohara, pleaded guilty to third-degree rape in 2024. A second charge of second-degree rape was dismissed and he was sentenced to nine months in custody in the King County Jail.
The lawsuit, filed last year against Ohara and the university, alleges UW was aware of Ohara's documented history of inappropriate sexual behavior" and had a duty to protect their client from being sexually victimized at an event hosted by a sanctioned fraternity.
“When sexual abuse makes national news, no one wants to imagine it close to home, but our lawsuit shows that what allegedly occurred at Cornell isn’t confined to that campus alone,” attorney Steve Berman said in a news release.
On Tuesday, Cornell University banned fraternity parties for the rest of the school year in the wake of a lawsuit filed by a former student referred to as Jane Doe, who alleges she was gang-raped by seven members of a fraternity during a party in 2024. The lawsuit, investigation and lack of criminal charges filed against the men has set off a national firestorm about campus sexual assault, Title IX and Greek life.
In a statement, UW spokesperson Victor Balta said the university is "committed to preventing sexual assault and responding when it occurs in a trauma-informed, compassion-forward manner."
The university launched a Title IX investigation and student disciplinary proceeding after the rape, Balta said. Ohara was permanently withdrawn from the university and cannot reenroll.
On Nov. 19, 2022, the UW student attended a brunch hosted by Pi Kappa, where alcohol was served, before attending a tailgate party. During the tailgate, Ohara provided the student with alcohol to the point she couldn't stand or complete sentences, according to the lawsuit. Ohara then brought her to his room at the fraternity house and raped her while she was unconscious and immobile.
Several students broke through the door and found her unable to sit up or get dressed, according to the lawsuit.
The lawsuit claims that UW was "aware" of a restraining order another woman had filed against Ohara and admitted both students. UW should not have allowed Ohara to join and attend events centered on alcohol with female students, the lawsuit argues.
“We believe UW must take responsibility to protect its students in its Greek system when it benefits greatly from Greek Row as a revenue source and calling card for applicants," Berman said in the release.
According to King County Superior Court documents, two years before the rape, a 16-year-old girl filed a sexual assault protection order against Ohara, who was also 16 at the time. The girl, who wrote she lived across the street from Ohara in Redmond, alleged he indecently exposed himself to her. The court issued a temporary sexual assault protection order before the petition was dismissed later that month.
Balta said in a statement that the sexual assault protection order was issued before either the girl or Ohara enrolled, and it was no longer in effect by the time they began attending UW. The university was "not aware of any active court-approved restraining or protection orders" that were in effect when Ohara enrolled, Balta said.
In July, the Washington Supreme Court affirmed an appellate court ruling that Washington State University had a "special relationship" with a fraternity where a freshman died from a hazing ritual in 2019. The freshman, Samuel Martinez, died from alcohol intoxication, and the court found WSU owed Martinez a "duty of care due to its relationship with fraternity organizations.
That decision, the lawsuit argues, means universities have a responsibility to protect students from on-campus sexual assault and other forms of violence, too.
A trial in the UW student's lawsuit is scheduled for October 2027.
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