Alpha Phi International Threatening Volunteers with NDA
 

This Alpha Phi International Non Disclosure Agreement for “Volunteer Leaders” is making the rounds in private texts / chats all across the country. Lawyers have even looked at it and told some Alpha Phi volunteers that it isn’t worth the paper it is written on. I’m not a lawyer, so I don't know BUT but IMO, unless Alpha Phi has started paying volunteers CASH MONEY for their silence, this can only be viewed as a SCARE TACTIC to keep horrified volunteers from talking about the despicable practices of the national officers and staff. WHAT ARE THEY AFRAID OF? Put simply, the TRUTH.

Shame on the International Executive Board.

Shame on the Executive Director.

I hope that volunteers keep speaking up and telling the truth about the ugliness that we all now know as … Alpha Phi International. Vows of confidentiality become meaningless when you violate the very nature and promise of the founding principles of the organization.

A corrupt leadership DESERVES to be exposed.

What do you all think of this? Does your organization require volunteers to sign NDA agreements with threats of legal action?



This is the text of the Non Disclosure Agreement:

As a condition of my position as a volunteer leader with Alpha Phi International Fraternity, Inc. (“Alpha Phi”), a New York not-for-profit corporation, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree to the following:*

A. I acknowledge and understand that in connection with my position as a*[INSERT POSITION HERE]*with Alpha Phi, I will have access to and be provided with certain confidential and proprietary information pertaining to Alpha Phi, including but not limited to information relating to its members, business practices and strategies, finances, designs, plans, drawings, photographs, mock-ups, discoveries, research, developments, methods, processes, procedures, improvements, ‘know-how’, market research, marketing techniques and plans, in oral, demonstrative, written, graphic or machine-readable form, and other matters, all of which Alpha Phi deems confidential and proprietary and all of which are of substantial value to Alpha Phi (“Confidential Information”).*

B. I acknowledge and understand that in connection with my volunteer leader position with Alpha Phi, I may be asked to create or prepare certain confidential and proprietary business information pertaining to Alpha Phi, its members and its business operations. I may also be asked to participate in meetings, telephone conferences or other modes of communication where confidential information pertaining to Alpha Phi is disclosed and/or discussed. The confidential and proprietary information referred in paragraphs A and B of this Agreement is hereinafter referred to as the “Confidential Information.”*

C. I agree not to use, cause to be used, or to disclose to any third party, whether directly or indirectly, and unless required by my volunteer role or assigned responsibilities, any Confidential Information of Alpha Phi at any time prior to, during, or after my volunteer leader position with Alpha Phi ceases without the express written consent of the Alpha Phi Executive Office. I acknowledge and agree that the requirements herein shall apply to Confidential Information disclosed to me prior to the date of this Agreement.*

D. In the event that my status as a volunteer leader with Alpha Phi ceases, for whatever reason, I agree to promptly return to Alpha Phi all Confidential Information or certify to Alpha Phi that I have destroyed, in any form and of any kind, which is in my possession, custody or control, including any copies of such Confidential Information. I further agree that I will not retain copies of any such Confidential Information upon the conclusion of my volunteer leader position with Alpha Phi.*

E. I further agree that I will not disclose, use or reference any Confidential Information of Alpha Phi on any social media platform at any time prior to, during, or after my volunteer leader position with Alpha Phi concludes.*

F. In the event that I breach any provision of this Agreement, I acknowledge that a remedy at law would be inadequate to sufficiently protect Alpha Phi’s interests in safeguarding its Confidential Information and, further, that Alpha Phi shall be entitled to an injunction restraining any further breaches, in addition to any other remedy provided by law. In addition, I agree to pay any and all reasonable costs and expenses, including attorneys’ fees, incurred by Alpha Phi in enforcing this Agreement.*

G. No amendment, modification or variation of the terms and conditions of this Agreement shall be valid unless it is in writing and signed by the Parties hereto.*

H. This Agreement shall be construed under the laws of the State of Illinois. Any court proceeding brought by either Party under this Agreement must be brought in either the United States District Court for the Northern District of Illinois or the Circuit Court of Cook County, Illinois. Each Party agrees to personal jurisdiction in any such court.*

I. In the event that any provision of this Agreement is declared to be unenforceable or invalid under applicable law, the validity of the remaining provisions of this Agreement shall not be affected thereby, and the provision that is declared to be unenforceable or invalid shall be changed and interpreted so as to best accomplish the Parties’ desire to protect and safeguard the Confidential Information of Alpha Phi.*

While we're on the subject of Alpha Phi, what about this https://theivynapa.com/? Oh, the winery burned last October during the Napa Valley fires, FWIW. Apparently the barrels in storage were unscathed.

SMH at a collaboration involving alcohol. Especially enjoyed the quote from the Executive Director: "Every time you open a bottle of The Ivy Napa Valley, you are supporting the effort to preserve our rich history." Refresh your memory about her - plenty of info here on GC.

My Panhellenic APhi sisters, you have my support and my incredulous sympathy.

In the interest of disclosure, Gamma Phi Beta also has a collaboration with this winery. I recently learned that one of the owners is a Gamma Phi Beta. See our site and scroll down to the owners' statements: https://firstmoonnapa.com/vip/

For whatever it's worth, I don't drink wine and am not a member of the wine club.

My knowledge of what may be going on behind the scenes notwithstanding, an NDA for confidential matters doesn't shock me.

At least two NPHC orgs (and maybe even mine, but I don't know) requires candidates for membership to agree to not sue the organization but to seek binding arbitration instead.

And those orgs also have rules on the books that people who sue the org must be suspended for the duration of the suit, and if they sue and lose, then they will be expelled from their orgs.

There's a point where the shit just ain't that serious to me and I'd rather not volunteer at all.

What he said.

Exactly!!

And I would not be surprised if they ask their collegiate officers to do the same. In light of the leaked Michigan recruitment document, they are probably concerned about what else might be released.

In The Times Of Triceratops we trusted our volunteers and sisters. Now it's trust but strongly back-up and use the law, with individual NPC Group bylaws/rules/loyalty codes, to punish when necessary.

Having previously served in multiple volunteer positions for (my NPC group) here's hoping I remembered to SHRED, and not merely toss into a trash can, all confidential (my NPC group) information from my possession they may at any time have/now deem as such.

And should I discover stray confidential (my NPC group) items leftover at home from now on, how swiftly will the trek be to the shredder in my office!

Yes, despite the common use of computers over the past four decades, it's always possible SOME printed confidential papers may still be floating around in a stray folder.

I've been a national volunteer for my org for the past seven years in multiple capacities, and I've never had to sign such an agreement.

It does seem a tad sketchy to require such a thing. What information is Alpha Phi sharing with VOLUNTEERS that would create such a problem for them if it was released outside the org?

I also imagine that because this NDA is so vague, there would be no justifiable legal recourse by Alpha Phi. I've dealt with NDAs on a limited basis at my job as an insurance underwriter. When handling coverage for large, nationally-known companies, they usually have insurance carriers sign NDAs, knowing that if we're to consider writing such a large policy, we're going to request their payroll and financial records, for example.

Typically, as I understand it, NDAs are used in business transactions. And more and more, there are laws being made to specifically state that NDAs cannot be used to "buy someone's silence" (in a case of discrimination, sexual assault, etc.). If that's what Alpha Phi is attempting to do here, I don't see the law landing on their side.

But perhaps some legal experts can chine in here. Kevin?

Ding, ding, ding! We have a winner!


One of my [many] issues with that NDA is its vagueness. That organization should consider spelling out exactly what is considered "confidential" or otherwise mark any such documents and emails as "confidential". It just seems like they are referring to anything and everything related to their organization. Trying to navigate what is ok and what isn't would be a minefield for any volunteer.

Sounds like someone paid a consultant who is advising Alpha Phi to treat their volunteers in the same manner as a business would treat franchisees and employees.

Since we're missing the definitions of "Confidential Information," I'm not sure how legally sound it is. I would suggest that practically, if I wanted to create an "EFFXYZ" profile, and publish confidential information on social media while hiding behind a VPN, there's no real recourse if the organization can't prove I did it.

And since the confidential information rarely is something along the lines of "Alpha Phi House Corporation is considering acquiring property in this area," and more along the lines of "Alpha Phi encourages member selection to heavily consider physical appearance of PNMs," the goal and what is being protected is fundamentally different. Younger members are going to be savvy enough to cover up their tracks if they disseminate information.

So you've slapped your volunteers in the face with very little to show for it. Super smart move.

Damn. I joined the Ivy Club because I want the box- I don’t even drink wine! (Unless it’s like Boone’s Farm. :rolleyes:

Ugg. Such a bad idea, I'm so disappointed. I looked at the site and see it's endorsed by our international president and looks like an alum does indeed own (or have ownership) in the winery. SMH.

Alpha Phi EO must be TERRIFIED of what volunteers are going to say about their practices.



I am not shocked they are doing this. They are scared of diversity, scared of being held accountable, scared of losing power. It's embarrassing.



The wine club is a fucking joke. Yeah, go ahead, tell the collegiates not to drink. It's going to hold so much weight. And let's pretend we don't have sisters in recovery or sisters who have dealt with alcoholism in their families.



My hopes is the collegiates will see what is happening and take a stand. They are the money that flows into Alpha Phi, and they can stop that flow and force change.



I hope Alpha Phi loses its volunteers over this. The whole EO needs a reckoning.

When I received the email advertising this, I really scratched my head. Just not a fit for our organizations.

This topic showed up on Reddit...

https://www.reddit.com/r/Sororities/...nteers_sign_a/

Also, just a warning: Greekchat is being bashed a bit here by a commenter.

More than a bit! I just got called a racist, because I post here. Yikes...and they think we're mean and nasty!

I mean you may not be, and I know I am not, but also, they are not wrong.

I volunteer with a nonprofit whose mission is education and lobbying. I have significant information about the financial picture of that organization, information that if divulged could provide fodder for those who advocate against us. Therefore, I understand the sensitivity of *some* information, and even the need for an NDA. I don't see, however, the utility of one as vague and all-encompassing as this one.

This is true. Although, I would think that if this was a concern for Alpha Phi - or any Greek org - for legitimate reasons (e.g. wanting to keep financial or legal information confidential), wouldn't they have all sisters/brothers sign one, as well?

Granted, NDA's are typically somewhat vague in nature. However, they usually are not so all-encompassing and unclear that the person signing it would wonder, "Wow, can I talk about Alpha Phi AT ALL?" There is a level of reasonableness to them, and Alpha Phi's doesn't seem to have that.

As an example, here's a section regarding confidential information from an NDA I've received:

1. Definition of Confidential Information. “Confidential Information” means: (a) all information marked confidential, restricted or proprietary by *insured name*; and (b) any other information that is treated as confidential by *insured name* and would reasonably be understood to be confidential, whether or not so marked (and whether in written or oral form) and whether provided to Company prior to, on or after the Effective Date. Confidential Information also shall include, but is not limited to, intellectual property, data, attorney-client privileged materials, attorney work product, customer lists, customer contracts, customer information and transaction data, rates and pricing, information with respect to competitors, strategic plans, account information, research information, financial/accounting information (including assets, expenditures, mergers, acquisitions, divestitures, billings collections, revenues and finances), IT and personnel information, marketing/sales information, information regarding businesses, plans, operations, third party contracts, licenses, internal or external audits, law suits, regulatory compliance and other confidential and proprietary information.

When you compare that to Alpha Phi's "confidential information", particularly that in bold, it's no wonder volunteers are unclear about what's actually confidential and questioning the reason behind it.

A. I acknowledge and understand that in connection with my position as a*[INSERT POSITION HERE]*with Alpha Phi, I will have access to and be provided with certain confidential and proprietary information pertaining to Alpha Phi, including but not limited to information relating to its members, business practices and strategies, finances, designs, plans, drawings, photographs, mock-ups, discoveries, research, developments, methods, processes, procedures, improvements, ‘know-how’, market research, marketing techniques and plans, in oral, demonstrative, written, graphic or machine-readable form, and other matters, all of which Alpha Phi deems confidential and proprietary and all of which are of substantial value to Alpha Phi (“Confidential Information”).*

B. I acknowledge and understand that in connection with my volunteer leader position with Alpha Phi, I may be asked to create or prepare certain confidential and proprietary business information pertaining to Alpha Phi, its members and its business operations. I may also be asked to participate in meetings, telephone conferences or other modes of communication where confidential information pertaining to Alpha Phi is disclosed and/or discussed. The confidential and proprietary information referred in paragraphs A and B of this Agreement is hereinafter referred to as the “Confidential Information.”*

I think they want to be able to enlist volunteers in helping with horrific recruitment practices that uphold racism, classism and exclusionary behaviour.

If the volunteers don't like what they see, nothing is currently stopping them from speaking out and informing, not only current members, but the general public. I think this NDA is an attempt to silence anyone that doesn't know what they're getting into. I don't think the fear is about initiation info or financials at all.



I don't think the members as a whole have any idea about the recruitment practices and the direction the sorority has been going in because the goal is to hide it behind the scenes. This would ensure it stays hidden.



I hope volunteers take a stand.

Voting with my feet
 

I was an Alpha Phi advisor for quite a few years. 1,000s of hours of volunteer time. When I protested these practices, I was ignored. Repeatedly. I finally resigned. And, yes, all the things that are being said about the EOs practices are true.

The steps toward termination were streamlined in the latest bylaws, as well.

Ok...I’m genuinely curious here- as a complete outsider to this type of system. (My sorority is non selective; therefore our “selection” process is completely public.)

If a confused freshman comes here and asks why she wasn’t selected, everyone says, that’s membership selection information, which is private and ritual. It seems to be taken very seriously, so I’m surprised that organizations don’t already have these types of agreements. Granted, I didn’t read the entire agreement (and I’m not a legal person anyway), but what’s the issue? Wouldn’t it be good to have this type of agreement because you don’t want people discussing membership selection?

Any Alpha Phi's here who can shed light on this question - I'm curious when this focus on looks began for recruiting...I recall reading something here about it beginning at University of Arizona and I'm curious when it started and what sparked it.

I'm an alum of Arizona and knew many girls in the Alpha Phi chapter (this was late 70's). There was no fixation on looks back then - they had a wide range of girls (as did all chapters) and some of those I knew were super smart (Mortar Board, etc.), others were involved in campus groups, one gal won Homecoming Queen. Nice girls, but not the focus on looks that seems to be the case (like all chapters they had a range of looks). As a side note, even the chapters at Arizona known for 'pretty' girls back then didn't have that "babe" look I see on many campuses now among different sororities. You know, the long legs, long hair, skimpy clothing, "I'm so sexy", pouty lips, very posed look. Ugh.

Thanks for any info one might be able to share - if not, no worries.

If you look at 19th century fraternal organizations' rituals which are out there, they tend to have a component wherein the new initiate promises/swears/vows not to divulge ritual, which includes membership selection. It wasn't a legally enforceable agreement, at least to the best of my knowledge, but instead relied on the integrity of the person being initiated. With the advent of the internet, you had former members and malcontents posting ritual, but there's a catch 22 for any group in confronting that information - if they were to sue, 1. it would cost a lot of money and 2. it would confirm the validity of the information. GLOS have wisely, in my opinion, basically ignored internet postings of supposedly secret information.

The issue with Alpha Phi goes back to the release of membership selection information which appeared to be valid, and the HQ response.

In this instance, I think the issue boils down to -- is it ok to keep something a secret when the secret is considered to be objectionable to a reasonable person's morals and all efforts to correct the problem from within have been unsuccessful?

Thanks for answering. Makes sense!