With all of the ragging on Duke (by its alumni and others) it seems worth noting that the article says the conditions of probation were being laid down by Kappa Sig's international headquarters. Kappa Sigs
Risk Management Manual contains this "Alcohol and Drug Education Policy":
1. The possession, use, consumption or serving of alcoholic beverages and/or other drugs by the Fraternity shall be in accordance with all applicable local, provincial, state, and federal laws. The chapter shall also abide by rules of its host university or college.
2. No chapter of Kappa Sigma Fraternity may purchase alcoholic beverages with chapter funds, nor may any member, in the name of or on behalf of the chapter, coordinate the collection or provide any funds for such a purchase. This includes, but is not limited to, the purchase of kegs, party balls and other bulk quantities of alcoholic beverages.
3. The direct or indirect sale of alcoholic beverages by any chapter of Kappa Sigma Fraternity is strictly forbidden. No chapter of Kappa Sigma shall participate in any activity or action which creates the impression that the chapter is selling alcohol. Such examples would include, but are not limited to, charging admission to parties, passing the hat, selling empty cups, selling drink tickets, or providing vending machines which dispense alcoholic beverages.
4. The use or possession of any unlawful drug in any form is not permitted at any Kappa Sigma function or at any Kappa Sigma chapter house.
5. Parties and social activities should be open to members and invited guests only. Open parties, meaning those with unrestricted access by non-members of the Fraternity, without specific invitation, are prohibited by Kappa Sigma Fraternity.
6. All undergraduate rush functions and rush activities associated with, or sponsored by, any chapter of Kappa Sigma Fraternity will be dry; that is without the presence of alcoholic beverages.
7. Alcoholic beverages are prohibited at any pledge program or initiation ceremony of the chapter.
8. No member of this Fraternity shall purchase for, serve to or otherwise facilitate the consumption of any alcoholic beverage for any person under legal drinking age.
9. Chapters are strongly encouraged to conduct the Alcohol and Drug Education Program, “My Brother’s Keeper”, for the Brothers and pledges.
Kappa Sigma Fraternity views violation of this policy as an extremely grave matter and shall respond to any such violation with expulsion, depledging, suspension or fines, depending upon the circumstances. The day-to-day responsibility of the enforcement of this policy rests with the members and chapters. Kappa Sigma calls on each individual member to abide by and to enforce this policy for the good of the Order.
From the article, it would appear that the Duke chapter may have violated at least a few of these rules -- failing to abide by North Carolina law and university regulation and serving alcohol to pledges -- and that they were called on it and required, by their international office as well as by the university, to be dry. When their international office learned they were not operating as a dry chapter, then it took action just as this policy says it would.
This is not about legislating morality -- it is about requiring compliance with the law, as well as protection from potential liability that could wreck a fraternity. Looks to me like Kappa Sigma was acting in accordance with its policies. Also looks to me like the Duke Kappa Sig's have no one to blame but themselves.