Nebraska-Lincoln Hazing Lawsuits Settled

Hazing lawsuits against fraternity, university settled

By Kevin Abourezk

Two former University of Nebraska-Lincoln fraternity pledges who said they were hazed by members of Sigma Chi have settled their lawsuits against the university, the fraternity and its members.

Attorneys for Drew Lechner and the other former pledge, whom the Journal Star has chosen not to identify, filed dismissal motions Tuesday in Lancaster County District Court. Judge Steven Burns still must approve the motions.

The University of Nebraska will pay $62,500 to settle each lawsuit, according to the NU general counsel's office. Other details of the settlement, including amounts paid by other defendants, were not available Wednesday.

"No liability was admitted by any of the defendants," the university said in a statement. "Settlements were made to avoid incurring further costs associated with litigation.

Jerald Rauterkus, an attorney for Sigma Chi, declined to comment, citing a confidentiality order in the case. Attorneys for the other defendants, Lechner and the other pledge could not be reached for comment Wednesday.

The settlement followed a Feb. 10 court-ordered mediation. The university had filed cross claims against the fraternity that also were resolved through mediation.

Lechner said he was hazed repeatedly from fall 2008 to early 2009 while a pledge at Sigma Chi. The other pledge said he was assaulted by a stripper holding a sex toy during an off-campus fraternity party.

Lechner's lawsuit named NU, Sigma Chi, 14 of its members, its building corporation and its national organization. In it, he said he was verbally assaulted, paddled, forced to drink alcoholic concoctions and perform humiliating acts with other fraternity hopefuls -- all at the direction of older members, some of them fraternity officers.

The other pledge's lawsuit named the university, Sigma Chi, nine members, the building corporation and the national organization.

The UNL police investigation of Sigma Chi led to charges of hazing, procuring alcohol for a minor, or both, against nine Sigma Chi members. All but one got probation.

In May, former Sigma Chi President Michael Classen was sentenced to five days in jail and a $500 fine for hazing and procuring alcohol.

In September 2009, UNL suspended the fraternity for four years.

The suspension may be shortened if the fraternity succeeds in ensuring that its members conform to the university's Student Code of Conduct as well as legal requirements regarding the use of alcohol and appropriate treatment of students, the university said.

Juan Franco, UNL vice chancellor for student affairs, said university officials plan to meet with Sigma Chi leaders this spring to talk about when the fraternity might be reinstated.

"When they come back is still pretty much in the air," he said.

Copyright 2011 JournalStar.com. All rights reserved.

http://journalstar.com/news/local/education/article_fbf83ba1-7830-52f7-915a-c3d04283f84d.html

2008 SAE Alcohol Death Law Suit Settled

Ex-fraternity member to pay $500,000 to parents of Carson Starkey
By Nick Wilson

Carson Starkey’s parents have reached a settlement with a former Sigma Alpha Epsilon fraternity member whom they sued after their son’s death on Dec. 2, 2008, from alcohol poisoning.
Haithem Ibrahim settled with Scott and Julia Starkey today for $500,000.
Carson Starkey, an 18-year-old Cal Poly freshman from Austin, Texas, was found dead the morning after a fraternity hazing incident. His blood-alcohol level was estimated at between 0.39 and 0.44.
Ibrahim previously entered a no-contest plea to misdemeanor hazing causing death in his criminal case. A no-contest plea results in a conviction without an admission of guilt.
Ibrahim was Starkey’s designated big brother in the fraternity who selected the alcohol for Starkey as part of a fraternity drinking event held at a home near campus in San Luis Obispo.
The Starkeys are suing Sigma Alpha Epsilon, an Illinois-based fraternity, and eight of the individual fraternity members allegedly involved in the hazing incident (not including Ibrahim). The remaining defendants have denied responsibility in Carson’s Starkey’s death, and their case is pending

Berkeley Fraternities Subject of Lawsuit

Update:

Judge denies temporary restraining order against UC Berkeley frats, but court battle looms: http://bit.ly/7kIYrz

Berkeley resident, neighborhood association filing lawsuit against 35 UC Berkeley fraternities
By Doug Oakley, Oakland Tribune

Violent assaults, noise, trash, urination, flying golf balls and bad behavior are the subject of a lawsuit against 35 UC Berkeley fraternities a neighbor said he plans to file Tuesday.

Paul Ghysels, who lives on Durant Avenue, and the newly formed South of Campus Neighborhood Association are plaintiffs who will ask a judge to order all the fraternities to install a live-in adult supervisor at each of the frat houses, said Ghysels' attorney, Louis Garcia.

Garcia said he plans to file the suit in Alameda County Superior Court and ask for a temporary restraining order that "would immediately prohibit the underage drinking, harassing and assaulting people and noise ordinance violations." Ghysels declined to comment until the suit is filed.

"You have these parties and all this harmful, offensive behavior, the noise, homes broken into, windows smashed, beer bottles thrown at our clients," Garcia said. "One of our clients was hit in the head by a golf ball that required emergency treatment."

He also said the lawsuit will have statements from nine homeowners and others who have been violently attacked by people connected to fraternity parties, Garcia said.

"There is one guy in the suit who had his jaw broke and another who had his arm broken in three places," Garcia said.

Grahaeme Hesp, UC Berkeley director of fraternity and sorority life, said fraternity member behavior has seen "a marked and visible improvement" since he came to UC in 2006.

Fraternities and sororities, he said, represent 11 percent of the UC student population but account for only 6 percent of the noise citations issued to university parties.

"We're dealing with over 2,000 individuals, so it's not like we are having a conversation with one person where we say, 'You have to change your behavior,' " Hesp said. "It's like trying to turn around an oil tanker in the middle of the Pacific 180 degrees."

Berkeley City Councilmember Kriss Worthington, who has represented the neighborhood south of the campus for 12 years, said Ghysels' tactic of targeting all fraternities is unfair. He said the fraternities have shown "significant improvement" in the past 10 years.

"To just treat all fraternities as if they are equally good or equally bad seems like a dangerous concept," Worthington said. "If there are specific problems in specific places, you should look at that and evaluate it, but to just make a blanket accusation is worrisome."

http://www.insidebayarea.com/my-town/ci_14202495

Copyright 2010 Bay Area News Group.
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U Nebraska-Lincoln Sigma Chi Sued for Hazing

Neb. pledge sues frat for sexual hazing

An 18-year-old University of Nebraska fraternity pledge was psychologically damaged by sexual hazing he was forced to endure, the pledge's father says.

In a lawsuit filed Monday in Lincoln, Neb., the student's father claims his son was sexually penetrated with a vibrator wielded by a stripper after being handcuffed at the behest of officers of the Sigma Chi chapter at the University of Nebraska-Lincoln, the Lincoln Journal Star reported.

That and other acts the pledge was made to perform over the course of this school year were "so outrageous as to exceed the standards of human decency," the father said in the suit filed in Lancaster County District Court.

University administrators in April suspended the fraternity after hearing hazing accusations that included making the former pledge, who was 18, drink vodka and Tabasco sauce shots until he threw up.

The student "was humiliated, suffered and continues to suffer pain," the lawsuit reportedly said, adding that he transferred from UNL and sought psychological and psychiatric counseling.

Religious Groups Denied Court Relief on Nondiscrimination Policy

Christian student group loses lawsuit over SDSU policy
By Greg Moran Union-Tribune Staff Writer

FEDERAL COURT - A federal judge ruled yesterday that a nondiscrimination policy at San Diego State and Long Beach State universities required for formal campus recognition does not infringe on the rights of religious groups that demand fidelity to Christian ideals and bar openly gay students.

The ruling by District Judge Larry A. Burns decides the lawsuit filed by Every Nation Campus Ministries in 2005. The group had alleged that complying with the policy violated its rights to free speech, free association and religious liberty.

It sought an injunction that would force the campus to recognize the group, and a finding that failing to abide by the policy was unconstitutional.

But Burns, relying on previous case law, said the policy was intended to regulate conduct, not speech or association.

He also said any restrictions in the policy were reasonable and “viewpoint neutral” and therefore not unconstitutional.

Recognized groups – there are more than 100 on each campus – receive financial benefits, access to meeting rooms and other areas of campus, and subsidized rentals of meeting facilities, Burns said.

A lawyer for the group was disappointed with the decision and said it would likely be appealed. Also involved in the suit were a sorority and fraternity that had Christian-only membership requirements. [Alpha Gamma Omega Fraternity and Alpha Delta Chi Sorority]

Jeremy Tedesco of the Alliance Defense Fund said the school policy “doesn't respect a Christian group's ability to make membership decisions” and control its own club.

He said that under the policy, a Republican political group could restrict its membership to Republicans, but a religious group – be it Christian or Muslim – could not.

Susan Westover, the lawyer for the university, said she was pleased with the ruling.
“This ruling keeps the doors open for all student organizations which, in order to gain official recognition, must be inclusive, not discriminatory,” she said in an e-mail yesterday.

In order to get recognition, groups must abide by the nondiscrimination policy that says membership cannot be withheld based on race, religion, age, gender, sexual orientation, disability and the like.

Before 2005, Every Nation was a recognized group and abided by the policy, Burns wrote. But in 2005, the group submitted a new constitution that required members to be Christians and reject homosexuality.

http://www3.signonsandiego.com/stories/2009/feb/07/1m7sdsu00821-christian-student-group-loses-lawsuit/?metro

© Copyright 2009 Union-Tribune Publishing Co.

Lawsuit Filed in Auburn Case

Auburn U. fraternity, student facing lawsuits filed by Jones' family

The parents of Taylor Jones are filing a lawsuit against the local and national chapters of Sigma Phi Epsilon, as well as a Auburn University freshman student, following an altercation at the fraternity house that put their son in the ICU.

In addition to the personal injury lawsuit, Jones' father signed a warrant charging Zachary Quillen, 18, with assault in the second degree.

This crime is a Class C felony punishable by a minimum of one year and one day in prison and a maximum of 10 years in prison.

Those involved have been reluctant to offer information about what this means for Sigma Phi Epsilon, but Paul Kittle, director of Greek Life, said in an e-mail, "Other than continuing to hope that Mr. Jones has a full recovery, with criminal charges and civil litigation pending, as well as restrictions under (the Family Education Rights and Privacy Act), we decline to make further comment."

The criminal case against Quillen will be prosecuted by Lee County District Attorney Nick Abbett, who is responsible for prosecuting all felonies in Lee County.

"(The case will) be presented to a grand jury, if the grand jury returns an indictment, then it'll be set for trial," Abbett said.

Wes McCollum, one of the attorneys working for the Jones family, said they are suing the fraternity's local and national chapter for failing to provide adequate security for those involved. The suit against Quillen is for injuring their son. The lawsuit is being filed on behalf of Jones in the name of his father, Michael Jones.

McCollum said this is because Jones is a minor, and because his family and legal representatives do not want to aggravate his condition.

"We alleged in the lawsuit that Taylor, who had been invited over there by someone with a group of friends, was asked to leave by some other people that he did not know, and as he was leaving he had some words with a group of folks that included a group of Sig Eps," McCollum said. "And he was walking away and that's when he was struck from behind by Mr. Quillen."
McCollum also said the Jones family is limited to seeking financial compensation from the fraternity.

"But we're also hoping that it results in some change that can benefit everybody," McCollum added.

Interfraternity Council President Bradford Stewart would not comment on the future of Sigma Phi Epsilon.

"This is being approached as an individual incident, it was a single member of their fraternity," Stewart said. "It's hard to hold an entire fraternity accountable for the actions of one member."
When there is an allegation against a fraternity, the organization goes to a referral committee comprised of the IFC president, IFC vice-president, risk-management and the IFC adviser, Stewart said.

The referral committee then reviews the case to decide whether there is enough evidence to pursue it. Serious cases go to the IFC court.

"IFC court would make recommendations for sanctions, those recommendations would go to the University's committee on fraternities and sororities," Stewart said.

The president-appointed University committee has the power to overrule the disciplinary action handed down by the IFC court.

"It was definitely an unfortunate accident, but we just gotta hope for the best and what's gonna happen is gonna happen," Stewart said.

The attorneys representing the Jones family will move the case forward, exchanging information with the defense, but McCollum said they will have to be conscious of the criminal case still ongoing.
http://www.theplainsman.com

Penn State Sues to End Illegal Fraternity

University files suit against illegal fraternity

University Park, Pa. - Penn State filed a lawsuit last week in Centre County Court aimed at bringing to an end several years of controversy related to the former Pennsylvania Theta chapter of the Phi Delta Theta International Fraternity on the University Park campus.

The Penn State chapter of the fraternity was suspended by the General Council of the international fraternity in December 2007 because of repeated violations of the fraternity’s alcohol-free housing policy. However, students continued to occupy the building at 240 N. Burrowes Rd. in direct violation of a State College Borough ordinance concerning boarding houses and also in violation of the deed selling the property to Phi Delta Theta.

Despite repeated demands by international fraternity leaders to cease operations, former members of the Penn State chapter continued to operate in the house including: performing fraternity ceremonies and initiations, recruiting and initiating new members, and holding social activities and campus events under the name of Pennsylvania Theta.

Because the former fraternity would not comply with its own organization’s policies, its charter was suspended. The majority of the current membership was expelled by the international fraternity when it was determined that the chapter had illegally initiated its fall 2007 pledge class. Without national recognition, the former fraternity cannot be recognized by the University. Penn State no longer recognizes local fraternities.

With the filing of court papers, University officials have now taken steps to exercise the University’s right to purchase the house at 240 N. Burrowes Rd. and stop the use of the house as a boarding house. In addition to being occupied by expelled members of Phi Delta Theta, the house now is being rented to others by the former fraternity’s Alumni Association, which currently owns the house.

In 1905, Penn State originally gave the property to Phi Delta Theta and entered into a deed that states if the property ceases to be used by the Pennsylvania Theta chapter of the Phi Delta Theta Fraternity, the University reserves the right to purchase the premises at a price mutually agreed to by the parties or at a price set by an arbitrator.

For almost a year, University officials have been engaged in discussions with representatives of the former fraternity’s alumni association regarding the status of the house in light of the international fraternity’s suspension of the charter, but the parties were unable to reach agreement on purchase price or other matters.

Since the Phi Delta Theta Fraternity chapter no longer exists at Penn State, the University is now asking the court to enforce the provisions of the 1905 deed.

In the past, the University - at the request of the fraternity’s alumni association - agreed to purchase the house. But internal alumni-fraternity conflicts prevented the sale at that time. In recent months, the University also has discussed the possible purchase of the property but no agreement was able to be reached.

What follows is a timeline of key dates related to the history of the former fraternity and the property in question.“This is principally a matter that evolved because of a dispute between the local chapter and its international headquarters in Ohio,” said Bill Mahon, vice president for university relations, “but the group currently occupying the building is doing so in violation of State College Borough ordinances and Penn State’s requirement that Greek organizations must be part of a national group.”

“We remain concerned for the well-being of the students living in this house with no national oversight and no formal connection to the University,” Mahon said. “Our time will be better spent supporting the many successful Greek organizations at Penn State.”

Phi Delta Theta Fraternity Timeline
Dec. 15, 1905 – The University granted the property at 240 N. Burrowes Rd. to the Pennsylvania Theta Chapter of the Phi Delta Theta Fraternity for the "express purpose of erecting thereon a fraternity or chapter house for the use of the members of the Pennsylvania Theta Chapter of the Phi Delta Theta Fraternity." The deed provides that If the property ceases to be used for the Pennsylvania Theta Chapter of the Phi Delta Theta Fraternity, the university reserves the right to purchase the property at a mutually agreed upon price, or a price determined by arbitrators in the event the parties are unable to agree.

1997 - The governing body for Phi Delta Theta International Fraternity announces that chapters affiliated with the organization are required to have alcohol-free housing facilities.2000 – All 157 chapters of Phi Delta Theta in the United States and Canada must adhere to alcohol-free housing policy.

2004 - The Pennsylvania Theta chapter alumni organization of the Phi Delta Theta International Fraternity approaches Penn State officials and offers to sell the chapter house and land located at 240 N. Burrowes Rd. back to the University. The University cooperated with the alumni in this matter and there was a signed agreement, but internal alumni disputes developed that ultimately resulted in the agreement being declared null and void by Centre County Court.

July 30, 2007 – The Phi Delta Theta International Fraternity issues a “show cause” letter to the Pennsylvania Theta Chapter at Penn State that required the chapter to demonstrate why the chapter’s charter should not be suspended "based on the chapter’s continued violations of the Alcohol-free Housing policy."

August 24, 2007 – Members and alumni of the Pennsylvania Theta chapter at Penn State submitted their “show cause” letter and signed an affidavit indicating their willingness to follow the alcohol-free housing policy. The affidavit signed by the undergraduate members, members of the Pennsylvania Theta Alumni Board of Directors, and members of the Pennsylvania Theta House Corporations stated, "we are aware of the expectation that our chapter facilities are to be alcohol-free… we are committed to upholding this policy as part of our assigned duties as members of Pennsylvania Theta. Further, we understand that any violations of this expectation can lead to the suspension of the chapter’s Charter, suspension, or expulsion of members and removal of officers from office by the General Council."

September 17, 2007 – The Phi Delta Theta International Fraternity accepted the chapter’s show cause letter and returned the chapter to "good standing" status.

October, 2007 – Members of the Pennsylvania Theta chapter at Penn State violated the alcohol-free housing policy by hosting a pre-game event during the Ohio State football weekend in the chapter house.

Dec. 7, 2007 - The General Council of the Phi Delta Theta International Fraternity suspended the charter of the Pennsylvania Theta chapter at Penn State for the October violation of its Alcohol- Free Housing Policy. Current members are informed they are now “alumni” of the chapter. The 15 pledges are released of any obligation and may not be initiated.

Feb. 11, 2008 - Penn State Student Affairs officials inform the Alumni Corporation that the University will extend the time former fraternity members may stay in the house, allowing them to stay until June 30, 2008. The occupants of the house continued to host parties where alcohol was served.

March 2008 - All former active members received notice from the international fraternity that they are expelled from membership because it was determined that they illegally initiated the 13 pledges while suspended. The General Council voted to expel the members and the two alumni advisers.

March 31, 2008 – Six recently expelled undergraduate members of the Pennsylvania Theta Chapter filed a preliminary injunction motion in the Centre County Court against the Phi Delta Theta International Fraternity requesting that the court enjoin the suspension of the Pennsylvania Theta chapter’s charter.

April 3, 2008 - The University reiterated the position outlined in the February 11, 2008 letter and advised alumni officials that the former chapter house would need to be vacated by June 30, 2008 if the chapter’s charter was not reinstated at the summer conference in June. The University also advised those officials that, "it is strongly recommended that the students currently living in the house be encouraged by you to explore housing options for the fall 2008 semester in the event the appeal is not successful."

May 5 & 9, 2008 – A two-day hearing was held in the Center County Court in Bellefonte in response to the motion filed by the six former students of the chapter.

June 18, 2008 – Center County Court Judge Pamela Ruest rejects former Phi Delta Theta members’ appeal for an injunction to prevent their disbandment as a fraternity at Penn State. As part of the Greek Pride Initiative, Penn State no longer recognizes a group that is not recognized by its international organization.

June 24-27, 2008 - Former Pennsylvania Theta chapter members and alumni attend the fraternity's international convention in Arizona to seek reinstatement of their charter, but are not successful.

June 27, 2008 - The University corresponded with fraternity alumni officials and indicated that it was the University's expectation that since the Chapter’s charter was not reinstated at the convention, the students residing in the house will be required by the Alumni Corporation to vacate the premises by no later than

June 30, 2008. The University also offered to provide any assistance to help facilitate the transition and asked the alumni to let the University know how it could help.June 30, 2008 – University deadline to vacate the property. At least six students remain.

July 2, 2008 - University continues to operate in good faith – confident that the students will comply with the directive. A chapter alumni official asks that Penn State take no action pending a July 8 meeting.

July 8, 2008 – Student Affairs staff members (Stan Latta and Roy Baker) meet with Alumni Corporation officials. The former members hope to keep the house and re-emerge as part of the Phi Society, a social organization with no national affiliation. They were advised that recognition of the Phi Society would not be an option.

July 18, 2008 - The University received a formal application for recognition of The Phi Society from Mr. Tim Palowski and Mr. Randy Thompson.

July 22, 2008 – Correspondence was sent to chapter alumni officials advising them that the application had been denied since "the University does not recognize interest groups not affiliated with a national or international fraternity or sorority. Exceptions to this policy are not made."

July 22, 2008 - The University moves to exercise its right to purchase the property and offered $900,000 (appraised value of property as of May 2008). Gave Alumni Corporation until August 15 to accept offer.

August 13, 2008 - University’s offer to purchase the property is rejected by the former fraternity’s Alumni Corporation.

August 25, 2008 - Members of Kappa Alpha Order fraternity move into the 240 N. Burrowes Rd. property in violation of the deed and ordinances. The Alumni Corporation, owners of the house, allowed this. (Kappa Alpha members are paying rent)

Since August 26, 2008 - University officials have been meeting or corresponding with 240 North Burrowes Road Alumni Association to exercise the purchase option, find an arbiter, reiterate the need for former fraternity members and others to vacate the property, and to discuss other related issues.

No resolution has been accomplished.University officials hope the courts will expedite the enforcement of the provisions of the 1905 deed.

Court Rules Hazing Is Costly

Fraternity must pay $16.2 million in hazing death
Judgement comes after UT, national chapters fail to respond to suit.
By Tony Plohetski, Claire Osborn
AMERICAN-STATESMAN STAFF

A state district judge has ordered the national and University of Texas chapters of a fraternity to pay $16.2 million to the parents of a freshman pledge who fell to his death two years ago after authorities said he was subjected to hazing.

The Sigma Alpha Epsilon fraternity must pay each of the parents of Marietta, Ga., native Tyler Cross $2.5 million for mental anguish and nearly $81,000 for funeral expenses, as well as additional damages, according to a default judgment by Judge John Dietz .

Dietz issued the order Wednesday afternoon after the national and local SAE chapters failed to respond to a lawsuit filed in September, said attorney Robby Alden , who is representing the Cross family. State law allows the chapters to seek a new trial, which could be granted if the representatives explain why they didn't respond to the suit and can defend allegations against them.

SAE national officials did not return a call seeking comment Thursday. Several SAE officials in Texas, including Charles Nettles, the current president of the UT chapter, and Jody Lane, the president of the SAE alumni advisory board, could not be reached for comment.

A civil case against the organization's alumni board and housing corporation is pending.

"The amount awarded may seem substantial \u2026 but it falls far short of the value of Tyler Cross' life and what he meant to his parents," Alden said.

Austin attorney Jay Harvey , immediate past president of the Texas Trial Lawyers Association , said such default judgements are uncommon when they involve defendants "who are financially capable of defending themselves."

He also said the judgement amount in the Cross case is "very rare." Alden said the amount is based on a request the family made in court.

Family members of another UT pledge, Phanta "Jack" Phoummarath , in July settled a case with Lambda Phi Epsilon for $4.2 million . Phoummarath, a Houston freshman, died in 2005 after drinking a fatal amount of alcohol during a pledge party.

Alden said the Cross family had sought to possibly mediate and settle the case out of court, but got no response from chapter attorneys. He said doing so would have allowed them to possibly ask questions about the days and hours before their son's death.

Travis county prosecutors began an investigation into the fraternity after Cross fell from his fifth-floor balcony of an off-campus dormitory in November 2006.

Investigators have said that the night before his body was discovered, he and other pledges were given half-gallon liquor bottles to drink. An autopsy report said Cross had a blood alcohol level of more than twice the legal limit for driving in Texas.

This year, two former pledge trainers pleaded no contest to hazing and furnishing alcohol to minors and were sentenced to four days in jail and two years of deferred adjudication, a form of probation.

The former president of Sigma Alpha Epsilon's UT chapter also pleaded no contest to the charges and received one year of deferred adjudication, and a fourth member pleaded no contest to failure to report hazing and also received one year of deferred adjudication.

The same month, the fraternity reached an agreement with UT officials that allows the organization to keep operating if it changes some of its pledging and social activities.

Under the agreement, the group must give advance notice of large parties, limit the attendance of guests to those named on a pre-party guest list, hire off-duty police officers to provide security and limit parties or events to Fridays and Saturdays with an ending time of 2 a.m., among other provisions.

The Cross family had said in their lawsuit that in the days before Tyler Cross died, he was subjected to hazing that included beatings with large sticks of bamboo and paddles, forced to drink large amounts of alcohol, sleep deprivation and "other acts of assault or battery."

The suit did not seek a specific damage amount.

Alden said that through the suit, the family was hoping, in part, to voice wishes about changes they would like the organization to make. He said they do not want the UT chapter to close, but instead remain open without hazing.

"This is just a terrible tragedy," Alden said. "They want to make sure this never happens again."

UW Man Sues Fraternity for Creating a Culture Promoting Alcohol Consumption

Man sues over fall from UW fraternity
By AMY ROLPH, P-I REPORTER

A University of Washington graduate who fell from a fourth-floor fraternity-house window three years ago filed a lawsuit against the fraternity earlier this month, claiming that the fall stemmed from a culture that promotes alcohol consumption coupled with a dangerous sleeping environment.

Erik Anderson, a freshman pledge when he was injured at the Delta Upsilon house in April 2005, wants the fraternity to pay for medical costs his family incurred after he slipped from a window and fell about 45 feet to a parking lot.

Anderson, who was 19 at the time, had been drinking at a chapter-coordinated "Trashed Tuesday" party earlier in the evening.

Anderson has undergone three years of physical therapy to help repair damage to his arms, pelvis, lower spine and nervous system. He is not wheelchair-bound, but says he had to give up plans to become a dentist because of how his wrists were damaged in the fall.

Court documents filed June 18 state that Anderson's medical expenses have totaled more than $279,000 so far, and that his parents have suffered about $20,000 in damages related to his injuries.

The lawyer representing Anderson and his parents said the lawsuit is a last resort after years of running into dead-ends with the fraternity's insurance company.

"The insurer for Delta Upsilon has failed to acknowledge the claim, failed to communicate regarding to the claim, and we are going to very aggressively pursue this case," said lawyer Christopher Pence.

"In addition to compensation for Erik and his family -- for what they've gone through, and what Erik will need to cope throughout his life -- we'll be asking the court for an injunction against the Delta Upsilon fraternity, to clean up its act.

"The lawsuit names Delta Upsilon as a defendant, as well as Caledonia Bay Builders, a Seattle-based construction firm that installed the window Anderson fell from.

Anderson graduated from the UW with a degree in business June 15, the same day another student died after falling from a fraternity-house window.

That student, 21-year-old Kevin McDonald, a UW junior, fell from a third-story window of the Alpha Sigma Phi fraternity house.

Members of that fraternity reported that McDonald was either getting into or out of bed when he fell out the window. A police report taken shortly after McDonald's fall said fraternity members believed he had been drinking earlier that night.

Less than one month earlier, on May 24, a 20-year-old man suffered injuries to his head and feet when he fell from the roof of the Phi Kappa Psi fraternity house, where he had gone "to see the sunrise," according to a police report.

Fraternity members reported that the man had also been drinking, but they couldn't tell officers where the underage man got the alcohol.

Court documents filed June 18 allege that Anderson's 2005 fall followed a regularly scheduled "Trashed Tuesday" party -- an "illicit, binge drinking party in a dedicated clandestine bar" in the fraternity's attic. Fraternity members took great care to conceal attic parties from being discovered by university officials, police and the state Liquor Control Board, according to parts of the Delta Upsilon Risk Management Procedures, a document quoted in the court filings.

"During attic parties, guests will be ushered into the back storage area where they will be informed to stay and be quiet." the procedures read. "Both attic door and attic storage door will be locked."

Calls made Monday seeking comment from UW fraternity groups, the fraternity's legal representation and the national Delta Upsilon organization were not returned.

Pence, the lawyer, said Anderson's parents read material posted on the fraternity's Web site and were led to believe that the chapter had policies to help regulate the consumption of alcohol.

"Despite mouthing a lot of platitudes and reassurances to parents about 'responsible drinking', the place was at the time, and it is today, a bar and lounge that completely ignores state law, (the fraternity's) own published policies, and the promises it makes to perspective pledges and their parents," Pence said.

Court documents state that Anderson's fall later in the evening was also the result of an unsafe sleeping environment: a top-bunk bed with no safety railings pressed up against a 58-inch-by-50-inch window that swung out at a 90-degree angle.The window, which was held shut by a latch, was installed four months earlier by Caledonia Bay Builders. The lawsuit alleges that the company was not in compliance with Seattle building codes when it installed the windows.
(c) 2008 Seattle Post-Intelligencer

Sigma Chi Loses George Mason Appeal

Area fraternity loses suit filed after being kicked off campus
by Ashley Roberts
Hatchet Staff Writer

A judge dismissed a lawsuit filed by a George Mason University fraternity late last month that argued the fraternity was unconstitutionally kicked off campus.

In 2005, GMU asked its chapter of the Sigma Chi fraternity to leave campus amidst allegations of hazing, sexual assault and underage drinking. The fraternity later sued the school for violating the members' First and Fourteenth Amendment rights to free speech and due process in terms of student judicial proceedings.

Plaintiffs Ryan Duckwitz and Justin Pietro, the chapter's president of vice president respectively, state in court records that they were unfairly targeted by administrators for events they held off campus, as well as other more benign acts which took place on campus.

The complaint alleged in once instance that university officials asked Pietro to leave the student union after he entered wearing his fraternity letters. GMU, a public university located in Alexandria, Va., responded in court filings that it was holding a Greek-letter life recruitment fair at the time and Pietro was asked to leave because his organization is not permitted to recruit on campus.

Another example cited in the complaint involves a group of fraternity members that were charged with hazing violations after they were seen singing in front of the library.

"The chapter alleges that the singing and dancing was protected speech and that they were punished for it," wrote Pietro and Duckwitz's lawyer, Tamara Tucker, in an e-mail.

Dan Walsch, a GMU spokesperson, said the university takes free speech on the public campus very seriously.

"George Mason, historically, takes freedom of expression very seriously. Our university, any university, in the country has no chance of attaining any quality if it's going to stifle freedom of speech."

The university's public response to the suit is that it asked the fraternity to leave campus because of major violations and that the fraternity's civil complaint is unfounded.

"The things that matter are the sexual assault, underage drinking and hazing - these are very serious things," Walsch said. "These are things that can theoretically put people in prison."

The university submitted video evidence downloaded from the Internet that showed fraternity members drinking and vomiting. In response, the plaintiffs entered evidence that GMU president Alan Merten had allegedly participated in "beer pong" with another campus fraternity.

Though the case against the school has been dismissed, the case against Merten and other administrators, like former dean of students Girard Mulherin, is still pending.

Mulherin allegedly misinformed the student judicial committee in order to have the fraternity kicked off campus, according to court documents.

"The student panel did not have any understanding of the 'clear and convincing evidence' standard which was necessary for a finding of responsibility against the chapter," said Tucker.

Sigma Chi also exists at GW, but as an on-campus fraternity.

Murray State LKA's dismissed from Lawsuit

Judge dismisses 62 defendants from Yonts lawsuit:

Remaining respondents are Yonts, national fraternity, corporation that owns house, Murray bar

Bill Bartleman

A federal judge has dismissed 62 members of the Lambda Chi Alpha fraternity at Murray State University from a wrongful death lawsuit filed after Harrison Yonts, one of its members, was involved in a fatal traffic crash.

Yonts struck and killed Nadia Shaheen on Nov. 11, 2005, after he left a party at the Lambda Chi Alpha fraternity house where alcohol was consumed.

Judge Thomas Russell's 10-page ruling said there is no evidence fraternity members provided Yonts with alcohol and that there is no law that required them stop him from driving, even if they thought he had too much to drink.

Russell said evidence indicates that Yonts took his own alcohol to the party.

The remaining defendants in the lawsuit filed by Shaheen's three children are Yonts, the Lambda Chi Alpha national fraternity, the corporation that owns the fraternity house where the party was held, and Nick's Family Sports Pub in Murray, which allegedly served Yonts alcohol on the evening prior to the wreck.

The lawsuit does not seek a specific amount of money.

Yonts of Greenville was convicted in Calloway Circuit Court of murder, drunken driving, tampering with evidence and leaving the scene of an accident. Shaheen, a 62-year-old Egyptian graduate student, was walking home after a late night of studying in a campus computer lab.

Yonts, 20 at the time, admitted in court documents that he was drinking at the fraternity party but denied driving his car when it struck Shaheen.

Yonts' 20-year sentence without the chance of parole for 17 years was reduced by former Gov. Ernie Fletcher to eight years without the chance of parole for nearly seven years. Yonts is at the Kentucky State Reformatory in La Grange.

Russell also said in a hearing that Yonts will be required to answer questions as part of the evidence gathering in the lawsuit because appeals in the criminal case were dismissed in January. Russell had ruled earlier that Yonts did not have to answer questions until his criminal case was final.

Attorneys are expected to schedule his deposition within two months. It will be the first time Yonts has been required to answer questions under oath about the events of Nov. 11, 2005. He did not testify in his criminal trial.

In the Fight Over Piracy, a Rare Stand for Privacy

The University of Oregon takes a stand for student privacy rights. Way to go!

The record industry got a surprise when it subpoenaed the University of Oregon in September, asking it to identify 17 students who had made available songs from Journey, the Cars, Dire Straits, Sting and Madonna on a file-sharing network.

The surprise was not that 20-year-olds listen to Sting. It was that the university fought back.

Represented by the state’s attorney general, Hardy Myers, the university filed a blistering motion to quash the subpoena, accusing the industry of misleading the judge, violating student privacy laws and engaging in questionable investigative practices. Cary Sherman, the president of the Recording Industry Association of America, said the industry had seen “a lot of crazy stuff” filed in response to its lawsuits and subpoenas. “But coming from the office of an attorney general of a state?” Mr. Sherman asked, incredulous. “We found it really surprising and disappointing.”

The article goes on to note that while stealing music is indeed wrong, so are the strongarm, and extra-legal, tactics of the RIAA that tries to intimidate and bully institutions like U of Oregon into releasing private information.

“Certainly it is appropriate for victims of copyright infringement to lawfully pursue statutory remedies,” Mr. Myers wrote last month. “However, that pursuit must be tempered by basic notions of privacy and due process.”

“The larger issue,” Mr. Myers said, “is whether plaintiffs’ investigative and litigation strategies are appropriate.”

In the Fight Over Piracy, a Rare Stand for Privacy - New York Times

More on New York Court Ruling

Insider HigherEd.com
Septembef 17, 2007
A Clash of Rights

Public colleges’ anti-bias policies have been taking a beating in the courts in recent years. Various federal courts have said that the policies can’t be used to deny recognition to Christian student groups - even if those groups explicitly discriminate against those who are gay or who don’t share the faith of the organizations.

Many lawyers who advise colleges, even some who deplore these rulings, have urged colleges to recognize that the force of their anti-bias policies has been severely weakened. Students’ First Amendment rights of freedom of religion and expression will end up trumping strong anti-bias principles, or so the emerging conventional wisdom has gone.

But an unusual decision from a federal appeals court on Thursday is challenging that conventional wisdom. The decision upheld the right of a public college - the College of Staten Island, of the City University of New York - to deny recognition to a fraternity because it doesn’t let women become members. In ruling as it did, the U.S. Court of Appeals for the Second Circuit found that the college’s anti-bias rules served an important state function - and a function that was more important than the limits faced by a fraternity not being recognized.

In a statement that some educators view as long overdue from the courts, the Second Circuit said that a public college “has a substantial interest in making sure that its resources are available to all its students.”

Further, and this is important because many college anti-bias policies go beyond federal requirements, the court said that it didn’t matter that federal law has exceptions for fraternities and sororities from gender bias claims. “The state’s interest in prohibiting sex discrimination is no less compelling because federal anti-discrimination statutes exempt fraternities,” the court said.

Some legal experts view last week’s ruling as a blip - a result perhaps of unusual circumstances in the case, or a trio of judges who happened to see the issue in a different way. An appeal is almost certain. But rulings by federal appeals courts become law in their regions and precedents that can be cited everywhere. And some lawyers, especially those trying to defend college anti-bias laws, say that the decision could be significant.

In the new ruling, “the court is saying there’s no question but that the government has a substantial interest in eradicating discrimination and it recognizes that non-discrimination policies that condition funding interfere [with students’ rights] only to a limited degree, and that’s exactly the issue in our case,” said Ethan P. Schulman, a lawyer for the University of California Hastings College of Law.

A federal judge ruled last year that Hastings was within its rights to deny recognition to the campus chapter of the Christian Legal Society, which barred from the group students who engage in “unrepentant homosexual conduct.” Based on other rulings, the Christian group has appealed, but Schulman said that the Second Circuit’s finding showed that colleges should not abandon tough anti-bias policies (as many have, when faced with similar legal challenges).

“Ultimately it may well be that the U.S. Supreme Court is going to have to decide these issues,” Schulman said. “But right now I think it’s a mistake for colleges and universities to assume that they should abandon strongly held policies of non-discrimination.”

Other lawyers had a range of predictions on what will happen as a result of the Second Circuit ruling. Some anticipate a quick reversal. Others see a new front in the culture wars, with anti-Greek educators seizing on the ruling to attack fraternities - and lawmakers rushing to protect the Greek system. Others say that non-Greek, single sex organizations on public campuses - think about a cappella singing groups - could find themselves under scrutiny. And others think that the fight over Christian groups that discriminate against those who don’t share their beliefs is about to get much more intense.

With so much potentially at stake, there is some irony about the origins of the case at a CUNY campus. CUNY colleges generally don’t house students, and Greek systems, to the extent they exist at all, are small and off campus. The lawsuit challenging CUNY’s anti-bias rules was filed by a new branch of Alpha Epsilon Pi, which was seeking recognition as an official student organization at the College of Staten Island. Such status would, among other things, allow the group to receive funds, publicize and hold events on campus, obtain a campus mailbox. The fraternity’s members said that their organization didn’t permit the inclusion of women, and that adding women would alter the nature of the group. Fraternity leaders testified that having women as members might lead to romance and “inevitable jealousies.” Even lesbians could be problematic, the fraternity said, because having a female member is “an issue itself.”

The fraternity sued CUNY, arguing that its rejection of the chapter on grounds of sex discrimination violated its right to “associative freedom” under the First Amendment. That argument carried the day at the district court level, which issued an injunction against enforcement of the anti-bias rule.

But the appeals court found that the fraternity was claiming associative rights (which offer some protection to groups with common beliefs and interests) while opening many of its events to non-members. In essence, the appeals court found that the fraternity members couldn’t claim to be selective about who they hang out with, while boasting about how open an organization they have created. Further, the court noted that the fraternity was free to meet off campus with its own money - and that the college had legitimate reason to enforce its anti-bias rules.
In just about every way, this take differed from the analysis applied by a federal appeals court last year in a case over the right of the Christian Legal Society to be recognized at Southern Illinois University. In that case, an appeals court found that the society’s right to religious freedom and free expression were violated by a university ban on support for groups that discriminated against gay people.

“CLS’s beliefs about sexual morality are among its defining values; forcing it to accept as members those who engage in or approve of homosexual conduct would cause the group as it currently identifies itself to cease to exist,” says that decision. “What interest does SIU have in forcing CLS to accept members whose activities violate its creed other than eradicating or neutralizing particular beliefs contained in that creed?”

Given that differing analysis - and the longstanding tradition of single-sex fraternities and sororities - what does the latest decision mean?

Timothy M. Burke, a lawyer who wrote a brief for the court on behalf of the North American Interfraternity Conference, called the decision “surprising and frankly disappointing.” He said he hoped that the fraternity in Staten Island would win on appeal, perhaps by stressing its Jewish roots to win some of the protection courts have granted to Christian fraternities. But Burke acknowledged that most fraternities and sororities couldn’t make a religious claim.
And that’s why he’s worried. “There has not been a huge clamor out there to change a system that’s been in place for well over 150 years,” he said. Further, the fact that fraternities and sororities were specifically exempted from federal gender bias laws shows that there is a broad consensus that their single-sex status shouldn’t be challenged, he said.

Attacking fraternities at public universities is especially unfair, Burke said, in light of the 1972 Supreme Court decision in Healy v. James that upheld the right of Students for a Democratic Society to be recognized as an official group at public campuses. “It’s a simple argument,” he said. “If the SDS has to be recognized, then organizations like Chi Omega and Sigma Pi ought to have that right.”

David French, senior legal counsel for the Alliance Defense Fund, said that the Staten Island decision was decided incorrectly and that he was “moderately concerned” about it. French’s group has been a major player in challenging the enforcement of public colleges’ anti-bias policies against religious groups. Because the groups he is representing make an argument beyond associative rights, going to religious expression, French said he didn’t see a legal threat.
But he said that “perverse incentives” were created by the court. That is because the judges faulted the fraternity for wanting protection while also conducting many activities with a broad group of students. “That reasoning struck me as problematic for groups that want to identify themselves somewhere in between” having an exclusive mission and complying with all anti-bias rules. “The Second Circuit took that middle ground away,” he said.

And for any group that is traditionally all male or all female, such as singing groups or athletic programs, that could invite scrutiny, French said.

Greg Lukianoff, president of the Foundation for Individual Rights in Education, said that he believed the appeals court erred by underestimating the impact of being denied official recognition as a student group. A more realistic assessment of those burdens, he said, might have led to a different conclusion.

Lukianoff predicted considerable fallout from the decision, even though he thinks it is faulty. “At its worst, it provides a blueprint for public colleges to refuse to recognize any fraternity or sorority, which I think a lot of universities would love the opportunity to do,” he said. “I think this opens the door to a lot of future controversy.”

And if there is such a move, he said, “there will be a predictable backlash” from lawmakers who will try to protect Greeks. In the near term, Lukianoff said that fraternities “are in a more precarious position.”

Schulman, the lawyer for Hastings, said he thinks part of the reason the Second Circuit’s ruling will matter is that other courts are starting to advance similar arguments. He cited a ruling last month by the U.S. Court of Appeals for the Ninth Circuit that upheld the right of a Washington State high school that rejected a religious group’s quest for recognition. The court - in a case being appealed -- ruled that the group was appropriately rejected under the school district’s anti-bias policies because of religious limits on who could vote or hold office.

Groups that want organizations at public universities to be able to discriminate against gay people or non-Christians have been trying to argue that the issue was settled by the Southern Illinois case or a few other cases, Schulman said. While he acknowledged that some court decisions have gone that way, he said that the two recent appeals courts rulings were equally significant. “I think the issues posed by these cases are still very much in play,” he said. “It’s too early for either side to declare or predict victory.”

Lawrence White, formerly general counsel at Georgetown University and a lawyer in the counsel’s office at the University of Virginia, and now a consultant to colleges on legal issues, agreed. White thinks that many public colleges avoid the kind of legal dispute that is going on at CUNY by creating a specific exemption for fraternities and sororities to anti-bias policies.
The real impact of the decision may be in giving public colleges and universities the ability to enforce anti-bias policies against religious groups that discriminate against gay students or others, he said.

“This decision breathes life into the notion that anti-discrimination standards are standards that we should all adhere too, and that universities can define those broadly,” he said. By declaring that anti-bias policies “serve an important institutional interest,” he said, “this decision does provide a lever.”

Sheldon E. Steinbach, a lawyer in the higher education practice at the Washington firm Dow Lohnes, said that whatever one thinks of the latest decision, it may complicate life for colleges and their lawyers.

“What American society in general expects from courts is uniformity and consistency,” but this “revolutionary” decision takes an unexpected approach on a ragne of issues, and one that is not consistent with other rulings, he said. “This winds up being a very interesting case.”
- Scot Jaschik

The original story and user comments can be viewed online at http://insidehighered.com/news/2007/09/17/rights.

Greek Anti-Hazing Hotline Available

COLLEGE HAZING HAS A NEW ENEMY

As part of the ongoing attempt to end hazing on college campuses and particularly within Greek organizations, 20 international fraternities and sororities have joined together to establish a Greek Anti-Hazing Hotline. The toll-free number is 1-888-NOT-HAZE (1-888-668-4293). The line is available to those who think they, or students they know, have been or may become victims of hazing. Callers may remain anonymous or they can provide personal information so that their concerns can be responded to directly.

The Hotline connects to a dedicated Voice Mailbox at the Cincinnati law firm of Manley Burke, the publisher of Fraternal Law. Manley Burke will monitor the Hotline daily basis and will forward all messages to the appropriate fraternal organization, along with the hazing laws from the relevant jurisdictions. In states in which the law requires notification of other authorities, this will be done. A hazing alert for an organization not a sponsor will be handled as though that organization were a sponsor. A voluntary invoice will be sent to cover costs.

“Fraternities and sororities take hazing very seriously and have worked hard to see that hazing is eliminated,” said Tim Burke, the President of Manley Burke. “They recognize that too many people have been hurt or died as a result of hazing incidents and that today more than 45 states make hazing a crime. Officers of Greek organizations are consistently teaching their members that hazing is antithetical to the high ideals of brotherhood and sisterhood embodied in the fraternity movement,” he continued.

Norval Stephens, Chairman of the Delta Tau Delta Educational Foundation and former International President of the fraternity, led efforts in establishing the Hotline. Stephens worked to grow the Hotline from the time it was first mentioned as an idea in January 2007, through recruitment of sponsors and participating organizations and finally to its implementation. Stephens explained the goal: “Our experience in the Greek world on hazing and alcohol abuse is that behavior is not changed by research. Only educational programming and action change behavior. Research illuminates the problem but does not solve it. We hope the Hotline helps to eliminate hazing.”

The Hotline is a crucial new tool for Greek organizations to use to fight hazing. The 20 founding sponsors, which represent in excess of 35% of all fraternity and sorority members, invite other fraternities and sororities to join as official sponsors of the Greek Anti-Hazing Hotline. For more information, please contact Dan McCarthy at Manley Burke at (513) 721-5525.

The sponsors are:

Fraternities
Alpha Sigma Phi
Delta Chi
Delta Sigma Phi
Delta Tau Delta
Delta Upsilon
Kappa Alpha Order
Lambda Chi Alpha
Phi Gamma Delta
Phi Kappa Psi
Sigma Pi

Sororities
Alpha Chi Omega
Alpha Delta Pi
Alpha Epsilon Phi
Alpha Phi
Alpha Sigma Tau
Chi Omega
Gamma Phi Beta
Kappa Kappa Gamma
Sigma Sigma Sigma
Zeta Tau Alpha

UF Christian Frat Sues for Recognition

Christian Fraternity Sues UF Claiming Exclusion

(AP) -- A Christian fraternity sued the University of Florida in federal court today, claiming discrimination because the university is refusing to recognize it as a registered student group. According to the lawsuit filed in U.S. District Court in Gainesville, UF officials have told Beta Upsilon Chi that it can't be registered as an on-campus student group because only men are allowed to join, which amounts to prohibited sex discrimination. And the suit says Beta Upsilon Chi is not allowed to join the off-campus Greek system of fraternities and sororities because the fraternity requires its members to be Christians. The organization that governs UF's Greek system prohibits religious discrimination. By not being registered as a student group, the suit says the fraternity is deprived of benefits including access to meeting space and the ability to advertise and recruit members on campus.

UF Christian Frat Sues for Recognition

DZ 'marketing effort' is "Ditzy"

The PR fiasco that came of the attempt by Delta Zeta to 'upgrade' their chapter at DePauw has me wondering. Didn't anyone at their headquarters ever takes a basic marketing course?

First problem - :By all accounts, the sorority chapter was a small but diverse group who were noted more for brains and personality than a "Barbie doll" look. The initial attempt to reorganize the chapter got off to a bad start when all but 12 women were asked to leave because of a "lack of commitment." Oddly, all the girls who were "committed to improving the chapter" turned out to be thin and white. All the brown and dumpy ones were "not committed". What would it take to show commitment - lose weight and bleach their skin? Maybe Delta Zeta should recruit Michael Jackson as a makeover consultant.

Second Problem - :After the initial shock wore off some of the newly minted "alumnae" went public with their comments and concerns and the story quickly found legs on the internet and in the mainstream media. DZ HQ responded with a defensive statement that sounded like Alberto Gonzales trying to justify firing the 9 US attorneys. The DZ National President tried to make out like they were the victims in all this mess. Puh-leeze! It sounds sort of like the boy who killed his parents, then pleaded for mercy because he was an orphan.

Third Problem - :Then, After DePauw got fed up and kicked them off campus anyway, DZ has filed a lawsuit! Thereby guaranteeing that there will be updates as the suit progresses for months or years to come. They should have just laid low, accepted the 'injustice' as a price for their incompetence. and gone on about the business of image repair.

Back to marketing. I have just finished taking a graduate level marketing course. Coincidentally, the professor is a graduate of DePauw and his wife is a DZ alumna. Somehow, the class started discussing the situation. (OK - I confess. I started it.) He told us that in his view the national organization has done everything wrong, starting with the reorganization process. He told us his wife is extremely upset and has vowed no more involvement. I believe it. If a similar fiasco had happened with my home Sig Ep chapter I would be similarly upset.

If the DZ leadership has any hope of getting past this they would do well to consider bringing in some professionals at image repair. It would probably start by 'regretfully' accepting the resignations of anyone who had responsibility for those decisions. Next I would think they should bend over backwards to demonstrate how 'diverse' and 'accepting' they can be. They could hire the same ad firm that does the "Campaign for Real Beauty"commercials for Dove.

Delta Zeta Nationals Sues DePauw

Ousted sorority sues DePauw University

Delta Zeta, the sorority that removed all the minorities and fat girls from their chapter at DePauw University only to have DePauw sever ties with them, has filed a lawsuit against the school.

The sororities demands include reinstatement of the chapter at DePauw, and for the college to clear the allegations that the sorority based it decisions upon race or appearance.

The sorority is seeking compensation for damage to its reputation, that may hurt recruitment and attempts to expand nationwide.

Cindy Menges, executive director of the sorority, said "The wrong message is out there about Delta Zeta, I am disappointed that there is not as much interest in the facts as there has been interest in a story that's been created by the public at our expense."

DKE Loses Housing Appeal at Colgate

Fraternity loses appeal of lawsuit against Colgate

An appeals court this week upheld interim state Supreme Court Judge Dennis McDermott's March 2006 dismissal of a fraternity lawsuit against Colgate University, saying the suit was filed after the time limit had expired.

The Delta Kappa Epsilon fraternity sued Colgate in 2005 over the new housing policy, which required Greek-letter organizations to sell their Hamilton chapter houses to retain recognition for undergraduate chapters, because members must live in university-owned housing. DKE was the only Greek organization to not sell its house.

McDermott dismissed the case last year, saying that in addition to exceeding the four-month time limit to file lawsuits, Colgate is allowed to change policies at will and its actions surrounding the housing policy were legal. The appeals court this week ruled only that the suit was beyond the time limit. DKE attorney Tom Weincek said he would not appeal further.

Two other fraternity lawsuits over the housing policy were also dismissed by state Supreme Court judges.

DKE also filed a federal antitrust suit against Colgate that is currently awaiting a decision by U.S. District Court Judge Gary Sharpe.

Lawsuit Attacks Booze, Frat Life

The mother of CU's Lynn ``Gordie'' Bailey, who died of alcohol poisoning, says the suit will help expose dangers of the Greek system.
By Howard Pankratz

Had University of Colorado student Lynn "Gordie" Bailey not died of alcohol poisoning in a fraternity initiation, he would have turned 21 today.

Now, in a lawsuit, Bailey's mother claims that no one called for help until 10 hours after her son was first believed to be in "dire need of medical help.

"The lawsuit lays out statistics about college frat life and the dangers of alcohol in the Greek system. It is those dangers that Leslie Lanahan, Bailey's mother, says she wants to expose in her wrongful-death suit against the Chi Psi fraternity and some of its members.

"Frankly, this (the lawsuit) was the last step," Lanahan said from her Dallas home this week. "It was not something we wanted to do. But I feel there is a story out there that the world needs to know. I don't think any other family should have to endure what we had to endure.

"The suit seeks unspecified damages to compensate for the parents' "significant grief and emotional distress" over Bailey's death. It is set for trial in Boulder next year.

"It's dangerous traditions," Lanahan said. "It cannot change and will not change unless people stand up and say, 'Wait a minute."

''Bailey died on the morning of Sept. 17, 2004, of acute alcohol poisoning. His blood-alcohol level was 0.328 percent.

The night before, he and 26 other Chi Psi fraternity pledges at CU were blindfolded and taken to the woods near Gold Hill, west of Boulder, as part of an initiation ritual.

The pledges were told to drink large amounts of whiskey and wine, police said at the time. After he was driven back to the fraternity, Bailey lapsed into unconsciousness.

None of the frat members called 911 for hours afterward. Instead, some scrawled vulgar phrases and drawings on his body.

Lanahan said she is outraged that her son would die like that. She called him a superb athlete, captain of his high school football team and a lacrosse player who made the CU club team the day before he died.

"He just had a very, very large personality," Lanahan said. "I think he lit up a room. He was … very outspoken, very gregarious."

Attorneys for the Chi Psi fraternity and various fraternity members declined to comment on the lawsuit.

In court filings responding to the allegations, the defendants - including the fraternity - deny they were at fault in Bailey's death, and some claim they weren't even present at the Chi Psi Gold Hill ritual.

Some of the defendants say others bore responsibility for the death, ranging from a Boulder liquor store to Bailey himself.

"Mr. Bailey was at all times a competent adult … fully capable of controlling his own behaviors," defendant Nicholas Abrahamsen, a member of Chi Psi, said through his attorneys in court records.

Patrick Wall, president of the Chi Psi fraternity at the time of Bailey's death, said he didn't participate in the events at Gold Hill.

Lanahan said she now spends a "good amount of her time" on the Dallas-based Gordie Foundation, launched by the family to work against alcohol abuse, binge drinking and frat hazing.

That work, she said, "gives me some hope that the kids are actually going to try to make a difference."

Phi Delta Theta Wins Lawsuit on Hazing

UI fraternity awarded more than $127K in lawsuit
By Mike McWilliams
Iowa City Press-CitizenJanuary 24, 2007

Johnson County District Court Judge Mitchell Turner awarded more than $127,000 in damages to a fraternity that sued the state, the University of Iowa and a UI official.

Phi Delta Theta alleged a tape recording used in a 2002 hazing and alcohol violation investigation was illegally obtained and should not have been used. A bench trial on the lawsuit took place last September.

Turner awarded Phi Delta Theta $98,300 in compensatory damages and more than $24,444 for legal fees against UI and vice president for student services Phillip E. Jones. Each total also will have about 7 percent interest added dating from Feb. 4, 2005. Turner also awarded the fraternity $5,000 against Jones for punitive damages.

Jones said he was unaware of the judgment late Wednesday afternoon and deferred comment to assistant Iowa Attorney General George Carroll. Carroll did not immediately return a phone message seeking comment. Phi Delta Theta claimed UI officials used a recording of an alleged hazing incident secretly recorded by a pledge to revoke the fraternity’s recognition. UI eventually dropped the hazing claim and the fraternity regained its status in 2004. However, fraternity officials have said because it was off campus for more than two years and was not allowed to participate in rush week and approach new members, it suffered financially. The chapter eventually dissolved in 2005 because of low membership, fraternity officials have said.