View Single Post
  #30  
Old 03-10-2017, 02:19 PM
PhilTau PhilTau is offline
GreekChat Member
 
Join Date: Dec 2015
Location: Oregon
Posts: 177
In reply to Kevin above:

1) Of course there is no guarantee of continued existence at a particular school while the member is attending.

2) I am sure that Tri Delt is managed competently. So any speculation below is general discussion and of course not directed at them or intended to imply in any way that they did not act properly.

3) There are not enough known facts to determine (or even speculate) whether there is a grounded cause of action that can be successfully maintained.

Without reference to any particular organization or fact pattern, I can nevertheless state that there is usually something that can be alleged in pleading that is actionable. Proving the case is an entirely different matter. For starters, nonprofit corporations are treated different from for profit corporations - assuming that the organization is incorporated. (Though unlikely, there may still be some organizations that are still unincorporated associations.) Anyway, depending on where the nonprofit corporation was incorporated, members likely have statutory rights.

A typical court case against a nonprofit would likely start with a demand by a member to inspect books and records coupled with a pre-suit deposition/discovery action to investigate a potential claim. The following Texas statute governing nonprofit corporations is typical: "A member of a corporation, on written demand stating the purpose of the demand, is entitled to examine and copy at the member's expense, in person or by agent, accountant, or attorney, at any reasonable time and for a proper purpose, the books and records of the corporation relevant to that purpose." Texas also has has provisions for pre-suit depositions so that a potential plaintiff can discover facts before actually filing suit. Many other states have similar provisions.

Essentially, what a potential plaintiff would be looking for in pre-suit discovery is for any act that would support a legal theory based on expressed or implied contract (or promise) or any act of bad faith. Examples would be a promise (you do this and we will do that) that was broken or was made in bad faith; a promise/contract/condition made with a significant contributor not being kept. That kind of stuff.

4) Again - we do not know what went on in the particular Tri Delt case discussed above. I do agree that it is likely that the members know exactly why their chapter was closed and, unless proven otherwise, that Tri Delt management most likely acted properly.
Reply With Quote