Bergen County College Not Liable For Frat Party Rape, Court Rules

MAHWAH, NJ — A federal appeals court dismissed part of a lawsuit filed by a former college student who claimed she was raped after two fraternity members played a game of "Rock, Paper, Scissors" to see who would assault her first.

The 3rd U.S. Circuit Court of Appeals in a ruling published Monday stated that Ramapo College and its officials are immune in their official capacity from being sued on the grounds they created a dangerous environment that led to the November 2014 assault.

The victim, a Passaic County resident, "was not placed in more danger by Ramapo employees," the three-judge panel wrote. "At the moments that she may have come into contact with Ramapo's employees, she was already in the custody of her assailant."

At most, the woman alleged that Ramapo employees should have done more to protect her from a private actor, which is outside the scope of the state-created danger doctrine."

The lawsuit also names fraternity Pi Kappa Alpha, several members, college President Peter Mercer, Cory Rosenkranz, the college's coordinator of substance abuse and prevention, and several others.

The judges ruled that a claim that individual officials displayed deliberate indifference can go forward.

Members of the fraternity called the woman into their party. A fraternity pledge served the woman drinks until she was "completely inebriated," the according to the court's ruling. (See related: 5 Face New N.J. College Frat House Gang Rape Allegations)

That pledge "lured" the victim into a bedroom where he and another man played "Rock, Paper, Scissors" in order to "determine who would get to sexually assault and rape her," according to the ruling.

Four men and one woman who were indicted in the alleged sexual assault of a Ramapo College student, were named in the suit.

Nakeem D. Gardner, 18, of Paterson, and Christian A. Lopez, 24, of Secaucus, were arrested after an adult female student of Ramapo College reported to Hackensack University Medical Center on Nov. 15, 2014 and said she had been sexually assaulted, according to the Bergen County Prosecutor's Office.

Justin Sommers, 18, of Staten Island, New York, Christopher Rainone, 18, of Staten Island, and Jordyn Massood, 18 of Wayne, were also arrested in connection with the alleged assault, according to the BCPO.

An investigation by the Bergen County Prosecutor's Office Special Victims Unit and the Mahwah police department, aided by Ramapo College's security department, resulted in identifying individuals who were allegedly present near the dorm room where the incident took place.

Email: daniel.hubbard@patch.com