Who Owns Your Badge?
 

Hey,
I was just curious as to who really owns your badge for your organization.

I know for Alpha Phi, while you are living, the badge is yours; however, once you have passed, you are supposed to put in your will what happens to the badge. So you could say you're being buried in it, giving to a relative, etc. If you do not state where you badge goes after your passing, it then belongs to the fraternity and should be returned. This is why some sisters (who have the money) police places such as ebay to buy the badges and return them to Internationals.

My question is it is like that for all groups? It seems in looking at some other groups, that some sisters collect badges, giving me the impression that the organization doesn't want the badge back?

Just curious what the other policies are? Course personally, I think it would be a bit weird to have another sister's badge, and if Internationals has it, they would probably store it a lot better than I could.

In Alpha Gamma Delta, if I'm not mistaken (and sisters please correct me if I'm wrong) the Badge remains the property of IHQ and upon Initiation, each member purchases a lease on the Badge.

If a member becomes suspended, she must return the Badge.

If a sister enters Chapter Grand, she has the option of being buried with her Badge or disclosing on the Badge disposition form that her family is to return the Badge to IHQ. I think it's important for all sisters (whether it be within my own organization or NPC) to inform their next of kin on what to do with the Badge after their passing. It's the only way we'll keep them out of non-member hands.

Personally I don't know of any sister who collects Badges. I know of many who rescue them off of greedy sellers on eBay, but those sisters ultimately send them back to IHQ.

I can certainly be corrected, but I would hazard a guess that in most every national GLO, the member owns the badge regardless of what the national organization says. That is to say, a national org can say all it wants to that the badge must be returned to HQ upon a member's death, but as a legal matter the badge belongs to the member unless it was made clear at the time that the new member paid for the badge that it was just "on loan."

Efforts to say that badges must be returned to HQ seem to be a fairly recent (say, post-eBay) phenomenon (as well as one fairly limited to women's GLOs) and could not legally apply to anyone initiated prior to implementation of such a policy. And unless a new member agrees at the time of "purchasing" the badge that ownership of the badge remains with the national org and further agrees to make sure that the badge is returned to HQ upon death, such policies are, at best, only morally, not legally, binding.

For Sigma Kappa, the badge is the property of national headquarters. It is on loan to the initiated member until her death. When a member dies, the badge can be buried with her or returned to headquarters unless she has used the badge to give to another lady going through initiation.

Now I have a question. What happens to the alumnae pin, special recognition pins like the 25 or 50 yr. pins? I don't know what we are supposed to do with those. What do other chapters do?

I actually had just talked to a few Kappas about something related to this!

Ok my mother is a Kappa and I am a DG. When she passes could I have her badge? She has said she'd like for me to have it if my sister doesn't become a Kappa. Would it be wrong of me to keep it seeing as I am not a member? Of course I would never wear it, I'd just have it as sort of a memento of her. But I wouldn't want to keep it if it would upset KKG HQ.

Upsetting KKG HQ is of more concern to you than having a keepsake from your dead mother?

wptw

Haha no no no that's not what I meant. I was just wondering how they would feel about it. I may not even get it my sis could end up in Kappa.

I think that it's up to your mom.

SInce Ms. MysticCat is a Kappa, I know that every issue of "The Key" lately has had a little form for Kappas to cut out, fill out and put with important papers. The form basically says something to the effect that "upon my death, I want my badge to (a) go to my daughter, granddaughter or other legacy, (b) go to __ chapter as an award or officer's badge, or (c) be returned to HQ." There also may be an "other- you fill in the blank" option. To me this form tacitly acknowledges that the member owns the badge and can say what happens to it, while encouraging the member to keep it in the family, so to speak.

in zeta tau alpha we have a life leasehold
 

on our badge-i believe that that is stated on the initiation form every member signs before they are initiated, and that it is also on the badge order form.

As long as it stays in the family and is not worn by an uninitiated member, Kappa HQ has no problems with it. Potentially down the line, there may be other Kappa legacies (if you or your sister have daughters) who want to use it so it might be just as well that you keep it as opposed to sending it into Kappa HQ (which is also appropriate and if a viable legacy requests it it will be returned to the family). Mostly they just don't want it seen for sale.

Me. Although, there are rules on who can wear it.

My husband knows (about once a month something comes up and I tell him w/ much exasperation) that when I die my Quill is to be buried w/ me.

This perhaps will change if/when I have daughters. I would hope that my daughters would become Alpha Xi's and my badge would pass on to them.

The efforts may seem fairly recent, but our bylaws have always stated that the badge must be returned to IH unless it's being held for a legacy. Don't know about any other group, but we make an open statement about agreeing to abide by the rules when we join Gamma Phi. If you don't like the rules, don't join.

But yes, legally there may or may not be any standing.

IHQ does make note of the changing of the times with technology in its official statement regarding Badge Disposition:

"In the age of technology, access to information, history and collectable items has become easier to gain. Alpha Gamma Delta Badges that have been obtained by non-members are being auctioned through the Internet. According to the Constitution and Standing Rules of Alpha Gamma Delta, each member takes a lifetime lease of the Badge at the time of Initiation. The Badge is either buried with a member when she enters Chapter Grand or shall revert to the Fraternity (through International Headquarters).

All members are encouraged to ensure that family members know their wishes regarding their Fraternity Badge. Attaching your Badge Disposition Form to your will clearly allows you to indicate to your family your private wishes regarding your Badge."

The "lifetime lease" is explained to us prior to Initiation.

Good question... But I don't know the answer.

I thought I owned it, but I could be wrong... Maybe another sister can clue me in.

But I would like to give it to one of my kids (I will have at least one girl somewhere down the line---prolly a great granddaughter!!!) that becomes a Phi Sig.

If that doesn't happen, then I'd like to be buried with it.

My understanding is that I own my badge, and while I should be buried with it or return it to nationals, I am under no obligation to do so.

If my hypothetical future daughter or granddaughter joins AEPhi, I can (and will) give her my badge. Otherwise, I will probably will it to a more distant relative or a friend who is an AEPhi. Whatever happens, I will leave strict instructions that it is not to end up on ebay or anything like that! :)

Edit: What happens to all those badges that go back to nationals? Do they just sit in a drawer or display case gathering dust? :( Are they offered to members who have lost their badges and want a replacement? Or what?

The biggest key is simply to tell your relatives what you want done with it when you die. If you don't tell them, it is highly likely that it will end up in an estate sale with everything else that no one wants. THAT'S how they end up on ebay.

sort of relevant...
 

Almost 3 years ago I lost my boyfriend to leukemia. He was a member of Phi Mu Alpha Sinfonia and he was buried with his badge but some of his other memorabilia was given to me. I was told that the members of this (AMAZING) organization request that the thigns go to someone who will respect it as he did. I guess they thought I would. His father was a Sinfonian before him and kept his songbook. Perhaps this is some info someone could use.

We own our active pins in APO, as far as I know. My pledge pin was property of my chapter and was returned after initiation.

Thanks for the clarification, SmartBlondeGPhB and OohTeenyWahine.

And thanks for the story, StumpsGirl -- I think your boyfriends' brothers made a very good choice.

In the case of Phi Mu, a badge that has been returned to the Executive office (for whatever reason) is held for five years. This is in case the individual or heir of the individual requests its return. After that time, badges are made available to sisters for 1/2 the retail cost. This is wonderful because you can sometimes pick up beautiful badges that are not available to order anylonger (ie, with opals or emeralds) for a very reasonable price.

From "Delta Zeta and You" (our pledge manual)

All Delta Zeta Badges are the property of the sorority. The privilege of wearing the Badge is extended to all initiated members in good standing. A Badge is loaned to an initiated Delta Zeta for her own use during her lifetime. Any member lending her Badge to anyone not entitled to wear it shall forfeit it. A member may be buried wearing her Badge if it is the expressed wish of her family. Otherwise, the Badge should be returned to National Headquarters.

That's why I always thought that if Delta Zeta chose to present a legal challenge to someone who is trying to sell a DZ Badge on eBay, they would have grounds to do so. Because the person doing the selling can't possibly be the legal owner because the legal owner is the sorority. It would be interesting to see what would happen, but I guess no sorority really has the money to jump into a legal battle and the collectors probably know that.

But KR, here's the big disconnect... A statement of policy in a pledge manual does not constitute a legal agreement. Not by a long shot. There's no date, no signatures, the parties to the agreement aren't named...

And actually, the law would likely say exactly the opposite of that DZ policy statement. The law would likely say ownership HAS transferred to the member because possession of the badge is given to the DZ sister in return for some nominal consideration (an initiation fee).

And in any case, none of this stuff becomes binding on the family members, estate liquidators, junk pickers, collectors, etc. who later take possession.

So it's not that the groups don't want to spend the money on a legal battle. It's that they know they have absolutely no legal ground to stand on and could never win.

Morally, the answers may be different. But legally, YOU own your badge. If you die, your legal heirs own your badge. If you sell it on ebay, the auction winner owns your badge.

...and I'd be very interested to see proof that the bylaws have "always" had this provision in there. I've read a lot of old constitutions, bylaws, pledge manuals, rituals, etc. and I agree with MysticCat that it's a fairly recent phenomenon - probably not older than 25 years, and certainly not older than 50.

wptw

Too bad, too, because it'd probably just take ONE well-publicized case for GLOs to make a huge dent in the number of badge sales on ebay.

Hey wptw! :) Nice to see you coming out of lurkdom for a bit :)

I have no doubt that you know what you're talking about and you're probably right that about the morally correct vs. legally correct thing.

But I am pretty sure that when I was initiated I signed an agreement to the effect that the Badge belongs to the sorority and is on loan to me. (granted, that happened many, many moons ago so my memory may be faulty!) But if I did sign an agreement like that, wouldn't that have legal ramifications?

In APO we aren't given badges, just the pledge pin which is property of the chapter and an active pin which is property of the Active. However, if there are brothers who want badges, they can buy them from the fraternity jeweler. Since they are purchased by an active or alum, I wonder how nationals can have any say in it. I have seen APO badges on ebay. Just hadn't purchased one.

I know that I own all the badges( I am in a social, philanthropic and professional sorority) I have because I bought them from Burr Patt or I bought them from ebay and no one from that particular organization has a policy. As a matter of fact, a national officer encouraged me to go through ebay if I "could get a better price".

If I decide to upgrade my badge and contact Burr Patt directly and they sell the badge to me, it's mine. It is not my sorority's and it is not a life long lease and it does not become their property if I get kicked out, quit or die. I bought it from the jeweler. I have the reciept!

I would also like to add that I have purched 5 or 6 badges directly from jewelers and other IHQ's with no proof of membership ever being asked of me. I simple informed them of the name and chapter and year I wanted engraved on the back. I gave these as gifts to good friends of mine that either lost their badges or had been watning to upgrade. But I could have been anybody. Those badges, until I gave them away, were also legally mine.

We've had some issues with non-members buying badges direct and then selling then on eBay. Our HQ worked with Burr Patt to ensure this does not happen any more. There are very strict guidelines they have to follow before they will let anyone order our badge and the info has to be checked and verified with our HQ before the order is final.

ETA: They're more likely to work and side with us on this matter because if they didn't it would mean losing an entire fraternity account (hundreds of thousands of $$) over a $75 badge.

I like to lurk. :)

Well, if you find one, please show me. So far no one has been able to produce one of these “agreements”. I’ve done a lot of homework on this issue, but I have to point out… I’m not a lawyer. I just play one on GC.

Yes, I think if it were a formal lease agreement, it would be binding. Just like you can’t lease a Hyundai and then try to sell it on ebay. But think about the kind of paperwork you go through to lease a car. That’s an agreement. By contrast, simply signing a “Statement of DZ Policy” I think is legally worthless.

But… If you do have an actual lease agreement and the member dies, then I suppose it’s up to the leaseholder to put in their claim. After the death of the member, their estate goes through probate, at which point advertisement is made for any creditors against the estate. DZ at that point could show up with the lease agreement and possibly lay claim to the badge. I don’t think the probate court concerns itself with small personal possessions unless specifically mentioned in the will – they concentrate on real estate, cars, boats, etc. But maybe DZ would have a shot at it.

If DZ doesn’t show up with a claim, the estate gets doled out to the heirs and those heirs are now free and clear of the lease. Certainly the estate liquidator who buys from the heirs, the jewelry dealer who buys from the estate liquidator, and the collector who buys from the dealer are all free of it.

You can see that having formal lease agreements really doesn’t help you much because they would be almost impossible to administer.

That’s an interesting twist on the subject. The sorority may never actually own the badges to begin with. That is, unless they buy in quantity from the official jeweler and then distribute to the members.

wptw

See, I hear these kind of anecdotal statements all the time, but what does that actually mean? What's that statement based on?

wptw

::smacks forehead::

wptw

Our fraternity had their lawyer look through our Constitution, ByLaws, Standing Rules and Policies for any legal claim we could have on our badges. And they basically said, there is none. Like wptw said, possession is 9/10s of the law, a court is going to favor the person in possession of the badge, whether it's the person it was originally issued to or not.

So the best way to combat this is to educate your members. Have them put a clause in their will; tell their family what they want done; have it written where they keep their badge; teach them on the proper ways to ensure their badge doesn't end up where it doesn't belong.

I hold the legal title to your curling iron.
What does that mean?
It means I own it.
On what do you base that claim?
It’s based on the fact that I own it.
Who says you own it?
I own everyone’s curling iron.
How can that possibly be?
It’s my policy.
But I bought this curling iron.
Right and I own it. You’re just leasing it from me.
But I paid for it. I have a receipt. I never signed a lease.
True, but I still own it.
Why do you keep saying that?
Because I hold the title to it.
Curling irons aren’t automobiles – they don’t have certificates of title.
I am holding the title right now.
OK. What does it look like?
It is a small blue book and it says ”policy manual”.
That’s not a title. That’s just a book.
No, it’s a title. It says so inside.
Who wrote it?
I did.
So how does that affect me?
In a very substantial way because if you die, somebody has to mail the curling iron back to me.
But you can’t just make stuff like that up.
Why?
Because you can’t just unilaterally state that you own all of a certain thing.
Why?
Because if you could, then what’s to stop you from saying you own Australia?
…
…
…
…
I own Australia.
What?
Yes, I have just amended my policy manual. I hold the title to Australia. When everyone there dies, they have to send it back to me.
[suffers brain aneurysm and drops dead] Grrk!
…
…
…
…
Are you sending me back my curling iron now?
...
Hellooooo?

"In Alpha Omicron Pi, our badge is our mutual piece of jewelry. As initiated members it represents a very special promise demanding our every respect."---from AOII Website

I believe we are suppose to turn our badge to headquarters when we die. I know our chapter sends our suspended members badges to headquarters. I'm glad my great-grandmother didn't want to be buried with her badge! It's from 1924, 80 years old this year, and it's the all pearl badge. I love my AOII Badge! I'm all about passing it down from generation to generation!

It doesn't matter anyway...since wptw doesn't know my Curling Iron Ritual, my curling iron doesn't hold the same importance to him as it does to me, an initated member of the Curling Iron Society. My Curling Iron is only special because of the ritual associated with it, which is secret to only those members of the Society.

(Hell, it's a ritual I practice everyday, and I am willing to bet that wptw wouldn't know...and probably doesn't want to know...how to use a curling iron effectively!)

snicker, snicker ;)

OleMiss, I'm not picking on you, just using you as an example, I promise!
(my emphasis on supposed)

Yes, WE as initiated members all know what we're supposed to do with our badges upon our passing, but, see the problem is, when we're dead, we can't exactly talk, so our family has no idea what to do with our posessions unless we tell them beforehand. That's why so many fraternal groups advocate putting a clause or section in your will, filling out a badge disposition form and keeping it with either our legal documents or our jewelry or making a permanent record of what we want done. So they don't end up for sale in a flea market or an antique store or an estate sale or eBay.

Plus, when we're dead it's kind of hard for us to send stuff back to HQ. You know, lack of mobility and life and all that...

I did use a curling iron once. It was the 80s and I was trying to get my hair to do that feather thing. Disaster. Scalded my forehead. Opted instead for the other popular 80s 'do, the mullet.

wptw

A HA! So you hold a grudge against curling irons.

Finally, the truth comes out.