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Duke fraternity suspended as police investigate rape claim

Durham's police chief confirmed Tuesday that his investigators are working with Duke University police on a case involving a student who reported being raped after attending a fraternity party earlier this month.

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DURHAM, N.C. — A fraternity at Duke University has been temporarily suspended as Durham police investigate a second-degree rape case involving a student who reported being assaulted after attending a party earlier this month.

According to a Jan. 13 search warrant affidavit, a woman reported waking up on Jan. 9 only in a T-shirt following a party the night before at a house at 2505 Chapel Hill Road, which, according to the university, is leased by members of Alpha Delta Phi.

The woman told police she had a mixed drink at the party and later drank what she thought to be hot chocolate, the affidavit states.

She also said she refused a fraternity member when he allegedly led her to his upstairs room prior to her second drink. The last thing the woman said she remembers was dancing with friends.

When she awoke the next afternoon, the leggings she had been wearing were on the floor next to the bed and they appeared to be torn, she said, and her cellphone was broken.

She did receive two messages at 1:30 a.m. on Jan. 9 from an unknown phone number, according to the search warrant. The first read, "Yo," and the second: "Ha ha, you went back with a kid I know … you're screwed!!"

"At this point in time, (the) investigation is ongoing, and we're hopeful that anyone who has any information about that assault or may have been present at that party on Jan. 8, that they'll come forward and give us information relative to it," Durham Police Chief Jose Lopez said.

He would not say if police have a suspect or suspects, or if the residents of the house were being cooperative.

"We're speaking to various people at this point," Lopez said.

According to the search warrant, police seized a comforter, mattress, condom, pictures, video, cups and what was only referred to as "liquid samples" and "swab samples."

No one answered Tuesday at the house. The front door was broken, and it appeared to have been bashed in. From the outside looking in, the floor appeared to be littered with beer cans and plastic foam cups full of dark liquid.

Duke University released a statement Tuesday afternoon saying that it is cooperating with police.

"Pursuant to Duke’s policy, the fraternity has been placed on interim suspension until further notice," the statement read. "As this case is now being actively investigated by the Durham Police Department, Duke will not have any further comment at this time."

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