FIJI chapter blamed in University of Iowa sex assault rebuffs accusations

IOWA CITY — The University of Iowa chapter of the Phi Gamma Delta fraternity has responded to a lawsuit accusing it of aiding and abetting two brothers accused of sexually assaulting a student last year, renouncing any responsibility and accusing the woman of unethical behavior.

“The sole proximate cause of any injury plaintiff may have experienced is due to her own conduct,” according to the UI Mu Deuteron Chapter of Phi Gamma Delta — or FIJI — answer to a lawsuit that UI student Makena Solberg filed last month against it, the national FIJI corporation and the two former FIJI members she accused of sexually assaulting her, recording the attack and then sharing the photos and video on social media.

Although the alleged attack occurred in early September 2020, and Solberg reported the incident to police shortly afterward, officers didn’t press any criminal charges until last week — after an online petition led to large and destructive protests.

Saying public pressure didn’t compel the decision to file charges, Iowa City police last week arrested Carson D. Steffen, 20, of North Liberty, on suspicion of first-degree harassment for accusations he sent a photo to several people on Snapchat of Solberg “engaged in a sex act with another male.”

Steffen, in his answer to Solberg’s lawsuit, denied recording the sex acts without her consent, and said he didn’t disseminate the pictures and video. He admitted to engaging in sexual activity with her but said if she suffered any injuries, they weren’t his fault.

“Plaintiff consented to the sexual activity with defendant Carson Steffen,” he states in his answer to her lawsuit.

The UI chapter’s defense — made public over the weekend — is similar, asserting Solberg’s recovery of any damages should be barred or limited based on an “unclean hands” doctrine cited in cases where a defendant accuses a plaintiff of acting “unethically” in connection to circumstances precipitating the suit.

“Plaintiff’s claims are barred, in whole or in part, by her consent, contributory negligence, and/or willful misconduct,” according to the chapter’s response.

“If plaintiff sustained any injury, which defendant denies, such injury was caused by the acts or omissions of parties not related to or under the control of defendant and for whose conduct defendant cannot be held liable,” according to the chapter’s filing.

On its website, UI FIJI characterizes itself as the “University of Iowa Mu Deuteron chapter of the International Fraternity of Phi Gamma Delta, known as Iowa FIJI.” Solberg in her lawsuit accused Mu Deuteron of culpability in that it was the entity under which FIJI existed and operated.

She also accused Mu Deuteron and Iowa FIJI of owning and maintaining a residence for the fraternity at 303 Ellis Ave. in Iowa City. But Mu Deuteron, at least in part, denied the allegations.

“Mu Deuteron Chapter of Phi Gamma Delta admits that it utilized property at 303 Ellis Avenue in Iowa City, Iowa but denies the remaining allegations,” according to the group’s answer.

Mu Deuteron, according to federal tax forms, is an Ankeny-based nonprofit created for the “ownership and operation of Phi Gamma Delta fraternity house at the University of Iowa, facilitating graduate relationships among Phi Gamma Delta members, and overseeing scholarship funds for the undergraduate chapter of Phi Gamma Delta at the University of Iowa.”

Mu Deuteron’s articles of incorporation with the Iowa Secretary of State’s Office indicate it was formed “for benevolent and charitable purposes,” including improving fraternity members “social, moral, and financial statuses.”

Iowa City police have told The Gazette they don’t intend to file any more charges in relation to the case.

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