A New York appellate court ruled that a college student can pursue her negligence claim against the Sigma Delta Tau sorority after she was sexually assaulted at a fraternity event. The court's decision, issued on September 23, 2026, allows the plaintiff to avoid arbitration, which the sorority had sought based on a membership agreement. This ruling is significant as it interprets the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) and its application in negligence claims.
The case, C.N. v. Sigma Delta Tau Socy., stems from an incident where the plaintiff, a member of the sorority at SUNY Cortland, was allegedly sexually assaulted at a mixer event organized by the fraternity Pi Kappa Phi. The plaintiff claimed that the sorority required her attendance at this event, where she was provided alcohol and subsequently became impaired, leading to the assault. The sorority was accused of negligence for failing to supervise and protect its members during the event.
The dispute began when the plaintiff filed a lawsuit against the sorority in April 2025, seeking damages for personal injuries. The sorority responded by filing a motion to compel arbitration based on an arbitration clause in the plaintiff's membership contract. The clause stated that any disputes should be resolved through arbitration in Indiana. However, the plaintiff argued that the EFAA should prevent the enforcement of this arbitration clause due to the nature of her claims.
The court's ruling addressed whether the EFAA could bar arbitration in a case where the sorority was not directly involved in the sexual assault. The EFAA allows victims of sexual assault and harassment to choose to pursue their claims in court rather than being forced into arbitration. The court found that the plaintiff's negligence claim was closely related to the sexual assault dispute, thus allowing her to invoke the EFAA.
Judge Carl J. Landicino, along with Justices Angela G. Iannacci, Valerie Brathwaite Nelson, and Elena Goldberg Velazquez, ruled that the plaintiff's allegations of sexual assault were sufficient to invoke the protections of the EFAA. The court stated, "The negligence cause of action is 'related' to the sexual assault dispute alleged in the complaint, which is all that is required under the EFAA." This interpretation suggests that the EFAA's protections extend beyond direct claims of sexual assault or harassment to include related negligence claims.
The ruling is significant for several reasons. First, it reinforces the intent of the EFAA to provide victims with access to justice without being forced into arbitration, which can often favor companies over individuals. The court's interpretation broadens the scope of what constitutes a related claim under the EFAA, allowing more victims to pursue their cases in court.
This decision may have far-reaching implications for similar cases involving negligence claims related to sexual assault. It highlights the importance of holding organizations accountable for their role in creating unsafe environments for individuals, particularly in settings like college campuses where students are often vulnerable.
Moving forward, this ruling sets a precedent that could influence how courts handle arbitration clauses in cases involving sexual assault and negligence. Organizations may need to reevaluate their policies and contracts to ensure they comply with the EFAA and do not inadvertently shield themselves from liability in such cases.
The plaintiff's case against the sorority will now proceed in court, allowing her to seek justice for the alleged negligence that contributed to her assault. The sorority's attempt to compel arbitration has been denied, and the case will move forward without the constraints of private arbitration.
As for the possibility of an appeal, the sorority may seek to challenge the appellate court's decision, but details regarding any potential appeal were not available in the court filing. The outcome of this case could influence future litigation involving similar claims and the application of the EFAA.