IA PDT wants compensation for hazing probe
 

July 9,_2004

Fraternity wants compensation for hazing probe

IOWA CITY (AP) - A fraternity at the University of Iowa disciplined two years ago for alleged hazing and alcohol violations has filed a claim with the state for more than $480,000 in compensation.

The university suspended its recognition of Phi Delta Theta after a former member's complaint of hazing, which the fraternity denied. It did plead guilty to an alcohol charge.

The main compensation sought comes from the university's use of an audiotape recording made by the member of what he alleged was a hazing event.

The fraternity claims the tape was obtained illegally and should not have been used by Phillip E. Jones, vice president for student services, and others during the investigation and hearing process. If shown to be illegal, state code sets out civil as well as criminal penalties.

The university dropped a hazing charge against the fraternity in November 2003, records show, shortly after Phi Delta Theta alleged that use of the tape was illegal.

The fraternity also seeks compensation for lost dues from an estimated 50 percent drop in membership and $20,000 in legal fees.

Bob Brammer, spokesman for the Iowa Attorney General's Office, said a state decision on the claim is pending. The local chapter could turn its claim into a lawsuit as soon as today if it is denied.

The fraternity regains its standing this fall and plans to recruit new members.

House adviser Steve Snyder, 46, said the only standing sanction is that the fraternity must acknowledge guilt of a single alcohol offense in a letter to all new parents and members since 2001.

The national chapter never pulled the charter. Snyder, who maintains that no hazing occurred, said it was the only time the national chapter of the Phi Delta Theta has not followed a university's lead. The fraternity remained in its house.

"We've never left," Snyder said. "We have operated on campus, but we've suffered major membership losses."

Iowa-Press Citizen
July 8, 2004

Phi Delts seek $480K from UI

By
<http://www.goiowacity.com/employee/e...ail.asp?ID=217>Kristen
Schorsch and Brian Sharp
Iowa City Press-Citizen

More than two years after alleged hazing and alcohol violations led
University of Iowa officials to indefinitely suspend recognition of Phi
Delta Theta, the fraternity is regaining its standing.

The local chapter, however, has filed a claim with the state seeking
more
than $480,000 in damages from UI. Bob Brammer, spokesman for the Iowa
Attorney General's Office, said a state decision is pending and the
local
chapter could turn their claim into a lawsuit as soon as Friday.

Meanwhile, members of the 729 N. Dubuque St. house are looking toward
recruiting and the fall semester.

"We hope to have everything put together this week," said Steve Snyder,
46,
who was house adviser when the allegations arose in late 2001 and
remains
in the position.

UI revoked the fraternity's recognition in January 2002 after
investigating
a former fraternity member's complaint that he and other new members
were
forced to drink fifths of various hard liquors in a 20-minute stretch
during August and September 2001. The fraternity pleaded guilty to an
alcohol charge but disputed its members engaged in hazing, appealing
its
case all the way to UI President David Skorton.

For UI to revoke recognition is unusual, school officials said. Phi
Delta
Theta claims UI went too far, possibly violating state law, to make
their
case. That allegation, along with membership losses and legal fees, are
the
basis for the monetary claim.

Snyder said the only standing UI sanction is that the fraternity must
acknowledge guilt of a single alcohol offense in a letter to all new
parents and members since 2001. UI dropped a hazing charge against the
fraternity in November 2003, records show, shortly after Phi Delta
Theta
alleged illegalities relating to use of the tape.

Skorton, in a five-paged decision dated June 29, wrote that the passage
of
time while on appeal had served as sufficient penalty. He did not
address
claims that the initial indefinite suspension was not permissible nor
whether the imposed penalty was overly harsh.

Along with the notice, other stipulations for re-recognition include
providing a risk-management plan, a pledge to abide by university
practices
and a statement of how the house will comply with the national Phi
Delta
Theta organization's anti-hazing policy.

The national chapter never pulled the charter. Snyder, who maintains no
hazing occurred, said it was the only time the national chapter of the
Phi
Delta Theta has not followed a university's lead. The fraternity
remained
in its house.

"We've never left," Snyder said. "We have operated on campus, but we've
suffered major membership losses."

In addition to lost dues from an estimated 50 percent drop to 20 or 30
members, the chapter racked up more than $20,000 in legal fees, Snyder
said. The main damages sought, however, come from UI's use of a tape
recording made by the member. Snyder and the fraternity claim the tape
was
obtained illegally and should not have been used by Phillip E. Jones,
UI
vice president for student services, and others during the UI
investigation
and hearing process.

If shown to be illegal, state code sets out civil as well as criminal
penalties classifying violations as a Class D felony.

Jones notified the fraternity's regional president of the indefinite
revocation in 2002. In November 2003, records show, he signed a notice
dismissing the hazing charge. Jones said it is school policy not to
publicly discuss sanctions.

"I can confirm that the information he gave you is not inaccurate,"
Jones
said, commenting about the apparent resolution to UI sanctions and not
the
fraternity's claim for damages.

UI Assistant Dean of Students Thomas Baker said revoking a fraternity's
recognition is unusual, adding a Greek house does not have to be
affiliated
with a university to exist.

Brian Fox, vice president of public relations for UI's Interfraternity
Council, said Phi Delta Theta getting its charter revoked was the first
time a fraternity has lost recognition in at least three years.

(c) 2004 Iowa Press-Citizen

And they're getting some of it....
 

A little late now that the Chapter was forced to close, but at least it gets something:

'Hazing' case costs UI $127K

Kelsey Beltramea - The Daily Iowan

Posted: 1/25/07

The UI, one of its top administrators, and the state must pay a now-defunct fraternity chapter $127,744.18 after a judge ruled that the university used an illegally recorded audiotape as evidence to suspend the organization.

In a 17-page ruling filed Wednesday, 6th District Judge Mitchell Turner wrote that Phillip Jones, the UI vice president for Student Services, and other university officials used the unauthorized recording for more than two and a half years in their actions against the former Phi Delta Theta fraternity chapter. During that time, fraternity members could not participate in formal rush and recruitment activities, leading to its demise.

According to the ruling:

Jones initially suspended Phi Delta Theta in January 2002 after a former pledge accused the fraternity of hazing. Then-UI sophomore Elmer Vejar gave Jones a written report, photographs, and a two-and-a-half-hour audiotape recorded with a voice-activated device hidden in the fraternity's private meeting room.

Vejar's behavior, Turner said, was "clearly retaliatory." The former pledge had leased a room over the summer and then had to be forced to move out, and so he "had a less than friendly relationship" with Phi Delta Theta when he reported the alleged hazing and alcohol violations.

Though the fraternity appealed the sanctions, the group settled with the UI after university officials used Vejar's tape to punish Phi Delta Theta.

But when the chapter's president later asked for Phi Delta Theta to be reinstated, Jones refused because the fraternity never admitted to hazing - marking the first time that the administrator told the group of that stipulation.

The illegally recorded tape resurfaced in August 2003 when university officials indefinitely suspended the fraternity.

Shortly after the suspension, however, someone found a provision in Iowa law that prohibits the use of tapes that were recorded in the manner of Vejar's. Jones then told the fraternity that while he was dismissing the hazing violations, sanctions would still be leveled because of a separate September 2001 alcohol violation.

Those punishments, however, were "disproportionately harsh," Turner ruled.

Former UI President David Skorton finally restored Phi Delta Theta to full recognition in 2004. But immediately after that decision, the fraternity had only 26 members - roughly one-third of the number in fall 2001.

Since then, Phi Delta Theta's enrollment dropped below the minimum required by the national fraternity, and the UI's chapter finally shut down.

Because the UI suspended the fraternity for a period of 983 days, Turner ruled that the university, Jones, and the state owe Phi Delta Theta $100 in damages for each day - totaling $98,300.

In addition, Jones must pay the fraternity $5,000 for his continued "use" of the disputed tape after the hazing allegation was dismissed. Turner ordered that the fraternity's attorney fees - which equal $24,444.18, and perhaps more because of the most recent litigation - need to be paid by the defendants.

E-mail DI reporter Kelsey Beltramea at:
kelsey-beltramea@uiowa.edu © Copyright 2007 Daily Iowan
http://www.greekchat.com/gcforums/im...c/progress.gif

Love it...not the part about the chapter closing, but I'm glad someone finally realized that fraternity and sorority chapters, especially ones with houses, function much like a business. And if you slander them (which it sounds like happened, since the school had dismissed hazing charges but continued to willingly cause harm to the chapter by using the tape further) you will be forced to pay whatever damages occur as a result.

So, where does the money go now? Phi Delt HQ?

I am sure the money will go to IHQ, let us hope that they will use some of at least to recharter there.

When the schools start suing chapters for the same reasons who do you think is going to come out on top?

The recent ruling will be appealed, according to press reports:

http://www.press-citizen.com/apps/pb.../70126006/1079

For slander? Which organizations have knowingly fabricated stories to intentionally cause harm to a university? Slander is hard to prove, but Phi Delt had a case here.

Thank You!

Maybe, just maybe, it is time that the playing field becomes more even!

When a GLO is wrong so be it, but when a school is wrong, it is even worse as they want to hold control.
But we as GLOs do have a right to survive if we do not shoot ourselves in the foot first.