KU says fraternity’s lack of cooperation is hindering sexual assault investigation

Kappa Sigma fraternity at 1045 Emery Road on Wednesday, Oct. 1, 2014.

Kansas University officials on Tuesday cited lack of cooperation by a fraternity accused of sexual assault as the reason KU’s investigation is taking so long.

KU previously has said only that because of the “complexity” of the investigation the university did not expect it to be completed in the usual 60-day window.

In reaction to statements made this week by an attorney representing Kappa Sigma, KU vice chancellor for public affairs Tim Caboni said fraternity members’ unwillingness to fully cooperate was causing the delay.

“Contrary to the claims of the Kappa Sigma attorney, KU’s investigation is being unnecessarily lengthened by the refusal of fraternity members to fully cooperate,” Caboni said in a statement emailed to the Journal-World. “Fraternity leadership agreed to provide university investigators with notes from the fraternity’s own internal investigation, then refused to provide those documents. Mr. Schimmel’s claim that no individual member has been notified that he is under investigation is also false.”

Chuck Schimmel, the attorney, said Monday that the fraternity was cooperating with KU and the Lawrence police, whose criminal investigation also is ongoing.

KU placed Kappa Sigma on interim suspension Sept. 30, after becoming aware of allegations of multiple instances of sexual misconduct at the chapter house around Sept. 27, over KU’s homecoming weekend.

A hearing is scheduled for next Monday, during which Kappa Sigma will try to convince KU that their organization does not pose a danger to campus and that its interim suspension should be lifted instead of remaining in place until the investigation concludes.

It’s unclear when that will be.

Earlier in the process statements by KU indicated that the fraternity had been cooperative. KU is now saying otherwise.

“I’m a former fraternity president myself,” Caboni said in his statement. “I understand what it means to be a member of a fraternity, and the bonds of brotherhood do not extend to hampering a sexual assault investigation. The sooner the members of Kappa Sigma provide the full cooperation their attorney claims has been provided, the sooner the investigation can be completed.”

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