I saw that when sigma nu got kicked of some of the members started a chapter of the nu society which has some members from sigma nu in it but also has new members. they let them do it because they were not using the same ideals as sigma nu and they did not encounter the same problems because of it. I wanted to do something like that. I was not planing on doing the stuff that got us in trouble but wanted to rule out the people that started the problem. Which i think could be achievable. and i didnt want to "use" the service fraternity. I was planing on actually embracing it and being able to do something positive with the brothers that i had before. I dont see anything wrong with that.

Well here's the thing, if you would start a chapter of APO, all new chapters have to be co-ed. I didn't think you'd be down with that.

Try a search for threads with the word "underground" in the thread title. You'll find a lot of discussion on underground chapters.

Sounds like the University of Houston.

Couple of your points need clarification. You initially stated that your fraternity had been kicked off campus. Later there were questions about your charter. OK, Did your National pull your charter, or did your school suspend your chapter for 3 years, or both. Consider what caused this situation. Consider your options.
1. Did your National pull the charter? If not, what is their policy about off campus chapters? Some Nationals will allow this considering the circumstances and some will not. You need to clarify this for yourself.
2. Did your school suspend your chapter unilaterally or in conjunction with your National. If the action was unilateral you need to talk with your National and see what options (if any) are open.
3. If your charter was pulled by National in conjunction with school sanctions then You have almost no options to continue actively as a chapter of your National until the sanctions are lifted and National is satisfied.
4. If this is the case you could reorganize as a local as has been suggested. 5. An extreme option would be to resign from your National, get clearance from HQ to withdraw and dissolve, and then form an interest group for affiliation with another National. This would depend of course on the willingness of another National to consider your petition once you are totally free and clear of your current affiliation. This option would be difficult considering you all were initiated members who had made a binding committment. Here is where circumstances come into play. What was the reason for your sanctions and what did your National do or fail to do that would justify such action on your part.
You don't need to answer these questions and thoughts on the board. You do need to think all of this through and do some serious research on procedures and acceptable justifications for such action. If there is a compelling reason you might be able to do this. If not you need to consider what National would feel comfortable granting a charter to your group.

My suggestion would be to explore your possible options and then discuss with someone who has a lot of experience in Greek matters who can advise you as to the practicalities of pulling off your possible options.

LOL.

Of course, there is what happened at Washington and Lee a few years back.

The bigger question you should be pondering is why your charter was pulled and what are ways to fix it. Going underground is the least of your worries.

Great catch. If the same "problem members" are involved in this new endeavor, it's inevitably going to cause more problems.