U., KA sued over alleged '91 beating

Two former Drexel University students are suing the Kappa Alpha Society and the University over a beating incident that allegedly occurred outside the KA house on Locust Walk two years ago. According to the lawsuit, Otto Hixon and William Kelly were going to a party on the University's campus on or about April 1, 1991. The suit claims that after the two crossed the 38th Street bridge, KA brothers approached the plaintiffs, "calling them 'faggots' and other derogatory terms." It claims that the brothers then physically assaulted them. Mark Guralnick, the plaintiffs' attorney, said Hixon's nose was broken in the attack, and that the two sustained other injuries "to their heads, necks, backs and other bodily parts." University Associate General Counsel Neil Hamburg said the University will move to dismiss the case because the alleged incident occurred in February 1991, and not April. As a consequence, he said, the plaintiff's suit is barred under Pennsylvania's statute of limitations, which requires lawsuits to be filed within two years of an incident's occurrence. University Police Sergeant Ivan Kimble said yesterday that University Police received a report of an assault of a student by fraternity house brothers at the location of the KA house at 3:15 a.m. -- on the morning of February 2, 1991. Hamburg said the University has not decided whether it will push for sanctions against Guralnick over the discrepancy in the date. Guralnick said he may try to add additional defendants to the suit, possibly including the fraternity which was having the party the plaintiffs were planning to attend. Guralnick added that the University was named a defendant because the University "failed to supervise effectively, allowing [the KA brothers] to get out of control." "We all know the University had a police department that day," he said. "Where were they? Where were the police?" KA President Rob Giacopetti said last night that he had not heard about the suit or been contacted by the plaintiffs' lawyers. Hixon declined to comment and Kelly could not be reached for comment last night.