University of Texas Exchange Student Sues Fraternity For Assault

Written by Funk & Associates Personal Injury Lawyers

An Australian exchange student attending The University of Texas is suing the Sigma Alpha Epsilon (SAE) fraternity for personal injury damages allegedly sustained when he was assaulted at a fraternity party last year.

Let’s look at how property owners (like fraternities and sororities on university campuses in Austin and around Texas) can be liable for intentional torts that occur on their property if they knew or should have known a certain type of violence was prone to occur and they failed to take action to address it.

The Claim

On Mar. 3, 2023, Julian Ascione and his girlfriend attended a party at the SAE house. According to the original petition, they believed the party was open to the public.

According to the legal filing, two SAE members approached Ascione and told him to leave. Ascione agreed to leave and the fraternity members gave him permission to stay until his girlfriend returned from the bathroom.

While waiting for his girlfriend, a different group of fraternity members again told Ascione to leave the party, according to the petition. 

“The group appeared intoxicated and were getting aggressive,” the filing said. “(Ascione) was struck in the face and taken to the ground. (His) leg was dislocated, ligaments were broken, his tibia fractured, and his nose broken. … When the assault was over, the fraternity boys refused to call an ambulance and instead told (Ascione) to walk home.”

Ascione’s attorney says his client was unable to continue with his studies and was forced to drop out of college for the spring semester. The plaintiff’s petition further states “Julian Ascione has suffered severe physical pain and suffering, mental anguish, disfigurement, impairment and disability, and in all reasonable probability, he will continue to suffer … in the future, if not for the rest of his life.”

Ascione’s attorney said he accrued over $100,000 in medical expenses over four surgeries and that his injuries will require more surgery.

The petition lists SAE, Texas Rho, the chapter’s advisor and the chapter president among defendants. Ascione seeks between $1 million and $5 million in monetary relief.

The defendants’ attorney did not comment.

If The Plaintiff Isn’t A US Citizen, How Does It Impact The Case?

Initially, the defendant’s attorney filed to transfer the case to federal court, citing “alienage jurisdiction,” which allows federal courts to take over cases involving a foreign national if there is more than $75,000 on the line, according to the defendant’s notice of removal.

However, Ascione’s attorney said the defendants had “absolutely no grounds to (move the case) to federal court” because the rule they cited states only a plaintiff can transfer the case to federal court, not a defendant.

Who Is Responsible For Injury Assaults On Campus?

Fraternities and sororities must possess liability insurance as part of being permitted to have a charter on a Texas campus. 

Individual fraternity and sorority members, as well as the fraternities and sororities that they belong to, may be named in personal injury lawsuits. The universities that host these organizations can also be held liable under some circumstances.

A premises liability claim allows property owners (i.e., the national chapters) to be liable for intentional torts that occur on their property if they knew or should have known a certain type of harmful behavior might occur and they failed to take action to address it.

Sigma Alpha Epsilon is not a registered student organization and is not affiliated with the University of Texas. The Texas Rho chapter was suspended in 2017 due to hazing violations but reached an agreement to realign with SAE in 2022 and is continuing to operate outside of university jurisdiction.

Under Texas law, students who participate in hazing incidents can be held criminally liable. Hazing acts can also lead to civil liability not only for the fraternity or sorority but also for the college or university. 

Get Legal Help If You Are Assaulted

If someone knowingly harms you or your property, they have committed an intentional act, which can be compensated through civil law. The issue with intentional tort injuries is simply: who will actually pay for your damages?

Most insurance policies exclude any intentional acts by their insured. However, you still have a case against the person who committed the act. But the reality is that most people who act in such a way don’t have too many assets to chase.

In other words, you may have a case but the real question is does the person at fault have the money to pay you for your damages?

You should consult with a lawyer who can explain your options for filing a claim. A personal injury attorney has the resources, skills, and experience to thoroughly investigate claims, determine the parties responsible, and actively pursue compensation. 

The attorneys at Funk and  Associates are here to help you if you have been injured in an assault or other personal injury accident. Simply fill out the form below and we’ll be happy to discuss your claim.

A version of this article originally appeared in The Daily Texan.