NOT SO FAST, COLGATE!
 

No, no, no!

The fraternities are privately owned.
The properties are off campus.
Although Colgate is a "private" university, I believe it still receives federal funding in one form or another, which may open it up to scrutiny. I'm not sure about this final point, but what I am sure of is this:

Students & Alumni for Colgate, Inc.
P.O. Box 30
Hamilton, NY 13346

www.sa4c.com

NEWS RELEASE
FOR IMMEDIATE RELEASE: Thursday, December 9, 2004

INFORMATION CONTACT: Christine Burtt, sa4c executive director 303.722.9958 cqburtt@att.net

ALUMNI PROTEST COERCIVE PROPERTY TAKINGS AT COLGATE UNIVERSITY

Colgate Demands Sale of Greek Houses with Threat of Elimination;
Colgate Trustees Renege on Promise of DKE Temple Library Autonomy

HAMILTON, NY (December 9) – Several hundred alumni and current students of Colgate University have organized to protest the coercive property takings of Greek-letter fraternity and sorority houses by Colgate University. The group is organized as Students & Alumni for Colgate, Inc. (www.sa4c.com) and was founded by Colgate alumnus Charles H. “Tim” Sanford.

As a key component of the University’s “New Vision for Campus Culture,” the Colgate Board of Trustees and administration have demanded that all privately owned fraternity and sorority houses be sold to the school, or their chapter will no longer be recognized. Further, any student joining a non-recognized chapter may be subject to suspension or expulsion.

The Residential New Vision anticipates that University-owned Greek-letter houses will become the Broad Street Community and serve as “theme” houses. Current theme houses are designed as residences for students who want to live with others who share a common interest or background – Asian, African-American, Latino, homosexuality, creative arts, environmental activism, and peace studies.

Soon, Colgate is expected to announce which Greek-letter organizations have signaled their acquiescence to a deal to sell their house. But, the contracts must be ratified by a quorum of fraternity or sorority alumni and student members. Colgate has named a March 15, 2005 deadline for ratification.

Fraternities involved include Phi Delta Theta, Delta Upsilon, Kappa Delta Rho, Theta Chi, Beta Theta Pi, Alpha Tau Omega, Sigma Chi, Delta Kappa Epsilon. Sororities involved include Gamma Phi Beta, and Kappa Alpha Theta.

“Fraternities have been an integral part of Colgate since 1856. They provide a meaningful experience and positive lifelong friendships. For many years, the administration and faculty have been determined to eliminate fraternities and sororities,” said Sanford. “Taking control of the houses is the next step in that effort. There is no other credible rationale for these coercive property takings. We must take a stand now, or lose a valuable part of the spirit that is Colgate.”

-more-
sa4c page two Dec. 9, 2004

Sanford is a 1958 Colgate graduate, with membership in Phi Delta Theta. He served on the Alumni board and the Colgate Board of Trustees. He is a Trustee Emeritus and benefactor of the Charles H. Sanford Field House. Both of his sons and daughters-in-law and brother attended Colgate.

“Fraternity and sorority members consistently have a higher GPA than the rest of the student body and provide the most public service hours per individual to the community. The fraternities and sororities are the basis for most social activity on campus – and that includes our non-Greek friends,” notes Colgate Senior Sean Fitzmichael Devlin, a member of Delta Kappa Epsilon. “It’s a network that will be valuable far beyond my academic studies here.”

Acting in good faith, and believing there was no option but to sell the houses to ensure the continuation of the Greek-letter organizations, various letters of intent have been agreed to between the individual fraternities, sororities and the University. In each instance, the University raised their initial offer to a price equal to far less than half of the replacement value. In several cases, the school had proposed that all proceeds from the sale be gifted back to the University.

In no instance has the school guaranteed the right of the fraternities or sororities to continue to exist on campus. Rather, the school has devised a formula of minimum occupancy by Greek-letter members in “their” house in order to retain an exclusive right for fraternity or sorority members to live there. The University prohibits pledging of new members until their sophomore year.

Signing Colgate’s offer to purchase gives up a great deal more than just the real estate. Hidden in the documents are measures that give Colgate University dictatorial power over the operations and future viability of fraternities and sororities. It would allow an unfriendly Colgate administration to eliminate the system entirely without legal recourse.
The Colgate “New Vision” mandates that all students live in University-owned housing. Colgate is in the construction stages of a new housing complex. Once completed, it is unclear whether a current discriminatory practice of allowing an elite group of 250 students to live off-campus in private housing will continue.

Reneging on a Promise
After weeks of bargaining in good faith, the Delta Kappa Epsilon (DKE) Alumni Corporation received a Final Offer to Purchase from Colgate University. Contrary to all previous assurances, the contract included a demand for the sale or right of first refusal of the DKE Temple Library to Colgate University. The clause was slipped into the purchase document at the 11th hour with no prior discussion and made a non-negotiable condition.
Owned by the charitable MU of DKE Foundation, (and not the Alumni Corporation, owners of the fraternity house), the Temple Library is the oldest facility of its kind in continual use in the United States. It took five years to build by students and members of the faculty and was completed in 1877. It is designated an historical site by the New York State Historical Registry. It is a meeting venue, not a residence.

-more-
sa4c page three Dec. 9, 2004

Thomas P. Halley, chairman of the MU of DKE Foundation and Colgate class president 1973, stated that he was present at a meeting on August 14, 2003 at the University Club of New York where he personally asked Colgate President Rebecca Chopp if the DKE Temple Library was involved in the Broad Street Community program. She replied, “absolutely not.”

Halley said, “I have monitoring these so-called negotiations since August 2003. From what I can see, the Greek houses have engaged in give-and-take, while the University has adhered strictly to its original position. The fraternities and sororities have proposed every possible alternative, while Colgate’s position has remained immutable. I have negotiated more than one hundred contracts in my career. I find this hard-nosed unwillingness to seek a compromise, coupled with last minute demands, to represent the utmost in bad faith on the part of Colgate.”

If the University eliminates the fraternities and sororities in the future (as is assumed by sa4c), there would eventually be no more living Colgate DKEs, and the Foundation would be forced to sell to Colgate. The University’s demand guarantees their eventual ownership of the Temple Library even if they themselves eliminate fraternities at Colgate.

John Wilson is a former trustee, a 20-year member of the Alumni board, a lifetime member of the President’s Club and member of the board of the MU of DKE Foundation. Nine members of his immediate family have attended Colgate. “My devotion to Colgate stems from my father’s 72 year allegiance to his – and my alma mater,” he said. “I’ve spent more than 50 years serving Colgate and I’ve never seen such shameful behavior on the part of the Board of Trustees and the administration. Their coercive behavior to forcibly take private property against the owner’s will through threats of elimination is outrageous. It is an insult to the entire Colgate community. Many would call this blackmail.”

“After more than a year of negotiating in good faith with the Colgate Board of Trustees and administration, there is still no understanding on their part of the value of fraternities and sororities to Colgate students,” said Tim Sanford. “Now we’re forced to use more confrontational methods to convince the board of trustees, led by Chairman John Golden, President Rebecca Chopp and Dean of the College Adam Weinberg to rescind their capricious action. We’re asking potential donors – alumni, foundations, corporations, students and others – to delay their contributions until the New Vision for Campus Culture is adjusted to respect the important contributions made by fraternity and sorority members to Colgate.”

www.sa4c.com has been visited by more than 7,100 people since its launch in late October, 2004. At least two hundred students and alumni have contacted the organization indicting their support and willingness to publicly endorse the efforts of Students & Alumni for Colgate, Inc.

-0-

Mr. Sanford may be contacted at 303.740.7455 timsanford@msn.com
Mr. Wilson, may be contacted at 404.255.2862 or 404.219.7777 johnrwilson52@comcast.net
Mr. Devlin may be contacted at 315.228.5441 sfitzmichaeld@msn.com
Mr. Halley may be contacted at 845.473.3541 tphalley@juno.com

http://www.sa4c.com

There is either going to be a movement towards schools regulating fraternities and a further demise of the control by international office or a movement in the opposite direction. I think the latter will not win.

In terms of the housing market, it is a given that one of the biggest factors in the growth of student/univ. housing is Greek housing and it doesn't come in the form of individual houses any longer. We finance projects which are largely Greek community type housing and I don't believe I've seen a single house project financing in the last 2 years.

These single houses will be eliminated in the future unless Greeks can put together, or want to put together, a stronger effort to prevent it. But they can't, don't want to, and never will.

-Rudey

bah!
 

I can somewhat relate to the students/alumni of Colgate in their current situation. I too have had to deal with an administration/BOT that have attempted to gain totalitarian control over every aspect of Greek Life on my campus. These types of situations can be quite discouraging. In my small, Greek community, each of the 4 fraternities had a house on campus owned by the school. With little or no warning, occupants were informed that the houses were to be torn down at the end of the Spring semester (of 03' I believe).

At first, the administration seemed to be completely on our side. Members of each fraternity were invited to meetings where blue-prints, plans, and drawings of our 4 new INDIVIDUAL fraternity houses. Some time passes, more meetings take place. At each meeting, the expectations for our new houses traveled farther and farther away from the original plans. What we ended up with:

2 Apartment style buildings, to house 2 fraternities in each. Hardly what we had envisioned. The buildings were built and are owned by an outside company, while leecing the land that the buildings are on from the university. We pay rent each month (which can't be paid for through university financial aid) to this outside company, yet we are forced to purchase a $3700 a year meal plan (each apt. has a full kitchen, all appliances included).

Basically, we were told a load of bullisht so that we wouldn't cause a to-do about our old houses being torn down. We were promised something that we didn't recieve. We now feel as though the university's true intentions are to kick the fraternities out of the apts. and open the housing up to independant students. Almost as if the Fraternities were just a reason for the University to add two new residential buildings to campus, that they will eventually take ownership of (appx. 30 yrs.).

I definitely feel for the students/alumni at Colgate. Sometimes I wonder if universities like ours appreciate what they have in a small, but strong Greek system.

Re: bah!
 

Thanks for telling us about the HPU situation. It's another story, in a long list, in which fraternity chapters have been screwed by schools/administrators "who want to help us."

I hope others will learn from the HPU experience, and ask for everything in writing, have a lawyer review everything, and think twice before acting once.

There are lots of chapters now with housing dating to WWII and earlier, often setting on great campus locations, who will be tempted to grab anything offered by the college.

Update: DKE files suit, Colgate will defend its position

According to a March 3, 2005 news release on Colgate University's main web page, Delta Kappa Epsilon has filed suit in this situation involving ownership of Greek housing and university recognition.

Excerpt:

Thursday, March 03, 2005

Colgate University spokesman James Leach said today that university attorneys believe that a complaint filed by Delta Kappa Epsilon on Monday (February 28) in the United States District Court for the Northern District of New York is without merit. Leach said that Colgate intends to defend its position vigorously.

Five years ago, this same court dismissed a remarkably similar complaint that a DKE chapter had filed against Hamilton College arising from changes in Hamilton’s residential education program.

A comprehensive plan adopted by Colgate’s board of trustees in spring 2003 found that fraternities and sororities could be better integrated with the university’s mission if the university owned and supported the Greek-letter houses in the same way it supports other student residences. . . . For the past year, Colgate has been negotiating to purchase the fraternity and sorority houses from the alumni corporations that own the properties.

. . .

The fraternities and sororities whose leaders have agreed to sell their houses, subject to confirmation by their members, are Beta Theta Pi, Delta Upsilon, Gamma Phi Beta, Kappa Alpha Theta, Phi Delta Theta, Sigma Chi, and Theta Chi. Phi Gamma Delta, which has not had an active undergraduate chapter at Colgate since 1989, plans to donate its fraternity house to the university.

Leach said that Colgate officials were surprised and disappointed that DKE had filed court action, noting that as late as Friday afternoon (February 25) the university had been engaged in discussions with DKE representatives and appeared close to reaching an agreement on terms equivalent to those reached with the other houses. Colgate learned of the possibility of the DKE legal action Friday evening, when an electronic news release emailed from a Colorado-based public relations consultant announced that the complaint had been filed with the court. . . .

For the whole news release, see

http://www.colgate.edu/DesktopDefaul...6013&nwID=3498

OR go to

http://www.colgate.edu

and click on "Colgate in the news" (if the news release isn't on the pagte already.)

Well, guess that about says it all.

Adhere to "OUR DICTATES" or, you are burnt toast.:(

Does Dictates remind anyone of bein DickTatters?:eek:

Well, if the Money is there for The Wholey owned Properties and a Contract for 1000 years of enabling Greeks to stay on Campus, it might not be bad. Well, if there is a due and real process to be standarderized for any form of supspension or dismissal.

Say working with any IHQ if a situation arises?

more info to think about...press release from kappa sig

the groups could decide not to sell, but the students would still have to live elsewhere b/c of the housing policy. the groups who did not sign over property would not be officially recognized by the school and the school could place sanctions on those students who did decide to join. the joys of private colleges...glad i work at a public! i would never support this at my campus!

March 9, 2005



Kappa Sigma Supports Delta Kappa Epsilon at Colgate University



Charlottesville, VA



The Kappa Sigma Fraternity has made a contribution of $5,000 to the Mu of Delta Kappa Epsilon Foundation to support their litigation efforts to retain chapter housing facilities as a private residence and to maintain control of its meeting facilities at Colgate University.



The legal action taken by Delta Kappa Epsilon resulted from a move by Colgate University to require all students to live in University owned housing and to mandate that all Greek letter houses become University property in order for the chapters to continue their recognition as student fraternal organizations by Colgate University. This requirement was established by the University as a part of its “New Vision for Residential Education.”



“Kappa Sigma will stand by our interfraternal Brothers of Delta Kappa Epsilon,” said Kappa Sigma Fraternity Executive Director Mitchell B. Wilson, “We do not have a chapter at Colgate, but the infringement upon the rights of the members of Delta Kappa Epsilon is of great concern to Kappa Sigma and should be to all fraternities and sororities. We must protect our interest in these matters and our rights of association. It is important that the long and proud history of ÄÊÅ at Colgate be honored and recognized . . . it is an institution the same as the University. We encourage others to rally to their support.”



The Delta Kappa Epsilon Fraternity filed a complaint for injunctive and declaratory relief in U.S. District Court in the Northern District of New York on February 25, 2005. The ÄÊÅ alumni corporation, Mu of ÄÊÅ Foundation and the local Colgate Chapter of Mu of Delta Kappa Epsilon have asked the court to stop the coercive land grab of their residence and unlimited access to their meeting facility by the University.



The Delta Kappa Epsilon Fraternity and Kappa Sigma Fraternity are members of the Fraternity Leadership Association.

Colgate - DKE Update March 10, 2005
A federal district judge has denied DKE's request for a temporary restraining order and a preliminary injunction. The requested restraining order and injunction would have -- at least for a while -- have stopped Colgate from requiring that the DKE house must be Colgate-owned in order for students to live there and to function as a recognized fraternity.

Yes, I have no idea what will happen next. :) (Sorry, but I'm not a lawyer, much less one handling federal cases.)

The update is published on Colgate's web site. You might have to click on "Colgate in the News," or you might not.

http://www.colgate.edu

It's admirable that Kappa Sigma is helping out. w00t. Good job boys.

Colgate Wins, Greeks lose in case with The Courts!:(

May be appeald, more to see in the future.:(

If the problem persist, there may not be Greeks at Colgate in the Future?

The Post-Standard
Syracuse, New York
March 11, 2005

JUDGE LETS COLGATE BUY GREEK HOMES;
RULING REJECTS FRATERNITY'S STANCE THAT PURCHASES VIOLATE FEDERAL ANTITRUST LAWS.

By Glenn Coin Staff writer

A federal judge on Thursday refused to halt Colgate University's plans to buy fraternity and sorority houses
near campus.
U.S. District Judge Gary Sharpe rejected arguments by Delta Kappa Epsilon that Colgate was violating
federal antitrust laws and free speech laws by taking over the Greek houses.
Colgate spokesman Jim Leach said the ruling lets Colgate move forward with its residential life plan, which
includes running the fraternity and sorority houses as university housing.
"I think this confirms what we felt going in to it when we made the announcement in July 2003," Leach said.
"The important thing for us is it's not only a case of owning the fraternity and sorority houses, but it's about
improving the quality of residential life for Colgate students going into the future."
DKE representatives could not be reached for comment Thursday. The fraternity filed the lawsuit last month.
Seven fraternity and sorority houses have agreed to sell to the university, and another has agreed to donate
its house. All of the sales are subject to votes by the alumni groups that run the houses. So far, members of two
fraternities and one sorority have ratified the sales.
DKE, Kappa Delta Rho and Alpha Tau Omega have refused to sell.
DKE had asked the court for a temporary restraining order because Colgate has set a Tuesday deadline for
the sale of all Greek houses to be approved. Any fraternity or sorority that hasn't sold by then won't be
recognized by the college next fall, meaning students won't be able to live in those houses.
The Greek organizations are in the midst of recruiting new members for next fall.
In its lawsuit, DKE argues that students will have to pay more to live in the houses if Colgate takes over. But
room and board at DKE and Colgate are nearly identical. Colgate charges $7,620, and DKE charges $7,720.
Tuition at Colgate is $31,230.
In addition to buying the DKE house, Colgate has insisted it must have access to the DKE temple, or library,
next door to the fraternity. DKE leaders say fraternity members should be allowed to meet in the building
without interference from Colgate.
But in legal papers, Colgate President Rebecca Chopp said the university needs to have access to the
temple to help rid fraternities of discipline problems.
"The DKE temple has historically been used for secret activities and has been a focus of controversy and
disciplinary action," Chopp said in an affidavit filed Wednesday.
Chopp said the university's takeover of the houses was the only way to solve the problems afflicting Greek
houses.
"The Colgate community has been affected by increasing problems with the fraternity and sorority system in
recent years, leading to a strong sense that the status quo was not working," Chopp said in her affidavit. "A
number of houses have been subjected to sanctions or closed for disciplinary problems including violations of
alcohol policies, sexual misconduct, hazing and fighting."
Several Colgate fraternities have been disciplined in the last few years for a variety of offenses.
DKE was shut down for a year for serving alcohol to the driver in a November 2000 car crash that killed four
people. Alpha Tau Omega was suspended for four years after a brawl in 2000. Kappa Delta Rho was
suspended indefinitely in 2003 after members admitted to several incidents of hazing.

This press release from Students and Alumni for Colgate, Inc. was forwared to me.
Their Web site is www.sa4c.com

FOR IMMEDIATE RELEASE: Friday, March 11, 2005



Contact: Christine Burtt 303.722.9958 cqburtt@att.net



The Real Story on DKE Lawsuit



Hamilton, NY (March 11) --Yesterday – March 10 – Colgate University issued a news release that implies the lawsuit
brought by Delta Kappa Epsilon against the school is dead.



Nothing could be farther from the truth.



Before the two parties even went before Judge Gary L. Sharpe in U.S. District Court in Albany, Colgate changed their
arbitrary and mandatory date when they demanded all contracts for sale of the Greek houses be finalized. Instead of March
15, Colgate now wants to take the houses by April 20.



By changing the date, Colgate effectively eliminated the emergency status of the dispute and made the issuance of a
temporary restraining order a moot point.



“Regardless of how Colgate spins it, Judge Sharpe’s refusal to grant a T.R.O. and preliminary injunction was in no way a
ruling on the merits of the complaint,” said Thomas Wiencek, attorney for the plaintiffs. “In fact, Colgate’s response to the
motion for the T.R.O. has opened an additional line of inquiry for discovery.”



Colgate’s response to the complaint is due on or about March 25. Depositions and document requests should begin
sometime in June.

This time from the university....
 

Thursday, March 10, 2005



Update:

U.S. District Court Judge Gary L. Sharpe today (March 10) denied
requests from Delta Kappa Epsilon (DKE) for a temporary restraining
order and preliminary injunction that would have blocked Colgate
University from requiring, among other conditions, that Colgate own
the DKE house before students could reside there and be recognized as
a fraternity beginning fall of 2005.

After hearing arguments from attorneys from DKE and Colgate, Sharpe
ruled that DKE failed to show a likelihood of success on any of the
claims contained in the complaint filed against the university two
weeks ago.

Read the court decision here (PDF file).
<http://offices.colgate.edu/communica...rtdecision.pdf>

Story posted March 3, 2005:

Colgate University spokesman James Leach said today that university
attorneys believe that a complaint filed by Delta Kappa Epsilon on
Monday (Feb. 28) in the United States District Court for the Northern
District of New York is without merit. Leach said that Colgate
intends to defend its position vigorously.

Five years ago, this same court dismissed a remarkably similar
complaint that a DKE chapter had filed against Hamilton College
arising from changes in Hamilton's residential education program.

A comprehensive plan adopted by Colgate's Board of Trustees in spring
2003 found that fraternities and sororities could be better
integrated with the university's mission if the university owned and
supported the Greek-letter houses in the same way it supports other
student residences.

The plan incorporates many areas of student life outside the
classroom, offering a choice of living options where students are
expected to build self-governing communities that support the
educational goals and mission of the university. For the past year,
Colgate has been negotiating to purchase the fraternity and sorority
houses from the alumni corporations that own the properties.

Alumni leaders of eight of Colgate's fraternities and sororities have
agreed to terms that would provide for the sale or gift of their
houses to the university, subject to confirmation by the members of
the individual alumni corporations that own the properties.

John Golden, chair of Colgate's Board of Trustees, said: "We are
encouraged by the constructive approach that most of the Greek-letter
alumni leaders have taken during this process. We are committed to
working with the Greek-letter organizations to bring about positive
changes that will benefit current and future generations of Colgate
students who choose to join fraternities and sororities."

The fraternities and sororities whose leaders have agreed to sell
their houses, subject to confirmation by their members, are Beta
Theta Pi, Delta Upsilon, Gamma Phi Beta, Kappa Alpha Theta, Phi Delta
Theta, Sigma Chi, and Theta Chi. Phi Gamma Delta, which has not had
an active undergraduate chapter at Colgate since 1989, plans to
donate its fraternity house to the university.

Leach said that Colgate officials were surprised and disappointed
that DKE had filed court action, noting that as late as Friday
afternoon (Feb. 25) the university had been engaged in discussions
with DKE representatives and appeared close to reaching an agreement
on terms equivalent to those reached with the other houses. Colgate
learned of the possibility of the DKE legal action Friday evening,
when an electronic news release emailed from a Colorado-based public
relations consultant announced that the complaint had been filed with
the court.

Greek-letter organizations that are in good standing and that
complete the sale of their properties will be allowed to house
students in fall 2005 as they always have. Colgate anticipates that
10 fraternities and sororities will be recognized on campus in fall
2005.

Beginning in fall 2005, all students must live in university-owned
housing (with the exception of approximately 250 students who are
traditionally granted permission to live off campus). Fraternities
that have chosen to retain ownership of their properties will not be
allowed to house students next fall, and the university will withdraw
recognition of their undergraduate chapters in summer 2005.