[sigep-talk] Designated driver further clarification

It would seem there has been quite a bit of discussion about this policy. This release, which was posted on the "official" Sig Ep Yahoo group, does clarify the legal reasons for the initially confusing pronouncments from HQ.

 

In sum, if a chapter president or social chair "assigns" people to be designated drivers they are then acting as "agents" of the chapter and, by extention, the national organization. On the other hand, if brothers volunteer individually to perform that service there is less of a chance to establish liability on the Fraternity's part. And if the chapter contracts with a third party bus or taxi service to provide safe transportation the liability is even further removed.

 

We all want to reduce insurance costs. That happens when the fraternity shows it can reduce claims. Claims are reduced when chapters and their members act responsibly.

 

Thanks to HQ for (finally) clearing it up.

---

From: SigEp-News [mailto:sigep-news@sigep.net]
Sent: Saturday, February 26, 2005 11:30 AM
Subject: [sigep-talk] Designated driver further clarification

The message in the “Officers & Volunteers Monthly” regarding designated driver programs has been widely misunderstood.

 

Chapter officers are not legally qualified to assign designated drivers. Doing so assumes responsibility for the validity of the driver’s license, his sobriety, his driving skill or knowledge, and the condition and safety of the automobile he will be driving, the number and use of seat belts, driving conditions at the time the driver will be driving and so forth. All of these are issues that have gotten chapter officers in trouble when chapter designated drivers became involved in accidents.

 

The chapter should only set up or arrange transportation as a service to members when using professional transportation providers. Otherwise, the chapter becomes the “agency” responsible for that service, a service for which chapter officers are simply not qualified. If individuals intend to drink, it is their responsibility to make prior arrangements to designate a responsible driver to get them safely home.

 

When available, the best option is the use of professional transportation companies (buses, taxis, etc.) or community-based or university-provided services as they are qualified, insured and licensed to assume that responsibility.  The chapter or its officers can and should set up the service when a qualified service is available.

 

Brothers who won’t be drinking should, by all means, be encouraged to avail themselves to transport others to or from events. A president or social chairman is welcome to stand up and say, “If anyone who will not be drinking wants to provide rides for others who might be drinking, they should get together to arrange rides.”

 

The chapter president’s qualifications to warrant the abilities and sobriety of an individual to take responsibility for the lives of others has been questioned in cases in which the drivers themselves have become intoxicated, fallen asleep, or encountered driving conditions for which they were not adequately prepared and when the driver’s vehicle did not afford “adequate” safety to the occupants of the vehicle (a Ford Explorer with five seat belts and six passengers, in which the sixth died). When the chapter president personally assumed responsibility for all of those factors, acting as an officer of the Fraternity, he has been held personally liable and his fraternity corporately liable for the injuries or deaths that resulted. (In one current case, the driver was not intoxicated, but had been up all night the previous night studying and fell asleep.)

 

There are excellent resources on the web for developing designated driver programs. You will note that they recommend utilizing professional providers who have specialized training.

 

Under no circumstances should any member allow another to drive while under the influence of intoxicating beverages or substances. Period.

 

Some have expressed concern that our interest is only to reduce insurance costs at the expense of safety. The only way insurance goes down is if claims are reduced. The only way claims are reduced is if safety is increased. Thus, the fewer brothers hurt or killed, the cheaper insurance becomes. Assigning brothers as designated drivers—oftentimes without regard to their personal desires not to be assigned—has not increased the safety of our brothers. Instead, faulty application of what people believe are “designated driver” programs have put brothers at serious risk and, in some cases, taken them to their death. THAT, my Brothers, is what we MUST stop. Safety is exactly the point.