Purdue argues it should be removed from STD case filed against Isaac Haas

LAFAYETTE, Ind. — Purdue University asked during a hearing Monday morning to be removed from Alyssa Chambers' lawsuit in which she alleged former basketball standout Isaac Haas infected her with herpes.

Tippecanoe Circuit Judge Sean Persin listened to both sides and took the matter under advisement, saying he will publish a decision later.

In the April 2018 lawsuit, Chambers alleged that Purdue University, its health services and its athletic department were negligent by providing student athletes with medicine for sexually transmitted diseases without testing the athletes.

"There's nothing in the pleading that says Purdue should have prevented Isaac Haas and the plaintiff from having unprotected sex," Purdue's attorney, William Kealey said during the hearing.

Kealey said when students engage in sex, they own the consequences.

"Purdue doesn't own it," he said.

Isaac Haas lawsuit:Ex-Purdue basketball star settles lawsuit that he spread STD to partner

Chambers' attorney, Brandon Tate, argued a summary judgment is not warranted because the facts are in dispute.

Tate alleged that student athletes infected with sexually transmitted diseases would consult their athletic department contact, who then advised them to go to Purdue University Student Health services. The health service doctor then sent medicine for the student to the athletic department without testing the athlete to confirm the infection, Tate alleged in his argument.

Tate asked that Chambers be allowed to continue with depositions and proceed to trial.

Treating student athletes without testing shielded them from criminal culpability, Tate said as he attempted to paint a picture of negligence against the university.

"If he knew he was infected and engaged in unprotected sex, it would be criminal," Tate argued.

"If you're going to prescribe medicine for herpes, he should be required to be tested," Tate argued. "If he had been tested, he would not be able to say he was clean without criminal culpability."

Chambers alleged that before having sex, Haas said he was free from STDs, as per testing at the student health services.

Kealey noted that Haas was tested for herpes, but Tate suggested that was only after he allegedly infected Chambers — not before. 

Before Haas' and Chambers' consensual sexual encounters in May 2017, Haas had been treated at the student health center for herpes and chlamydia, but only tested for chlamydia, according to Haas' deposition.

Purdue student health service records indicated Haas' 2016 visit included testing and that he had symptoms of an outbreak. But Haas in his deposition said he was not tested. However, he did receive medicine for herpes treatment, according to Haas' February 2022 deposition. He also said he never had any symptoms of herpes.

Haas and Chambers reached a settlement in April, and he was dismissed from the lawsuit.

Haas' former girlfriend, Madison Millsaps, initially was named as a defendant, but she was dismissed in the fall of 2018.

Previously:Former Purdue center Isaac Haas denies he infected partner with incurable STD

That leaves Purdue University as the remaining defendant in Chambers' lawsuit.

In November 2018, one allegation against Purdue — Chambers' assertion that Purdue failed to warn Haas of the diagnosis and the danger it posed to third parties — was dismissed.

During Monday's hearing, Kealey suggested that Chambers' allegations are more of a medical malpractice claim, not a claim that Purdue University was negligent.

"This case was from the outset a surreal allegation," Kealey said, noting it is time to end this four-year case with a summary judgment in favor of the university.

Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.