[Tom Earp]

October 212, 2003

To the Undergraduate and Alumni Members of The Lambda Chi Alpha Fraternity:

By an Order dated September 12, 2003, the Grand High Zeta of The Lambda Chi Alpha Fraternity declared Zeta-Psi Zeta at Arizona State University inactive. By an Order dated October 18, 2003, after granting the Chapter an opportunity to submit additional information and to be heard, the Grand High Zeta reaffirmed that decision.

There has been much discussion among undergraduate and alumni members of our Fraternity, both at Zeta-Psi Zeta and at other Chapters, regarding the action taken with respect to the Chapter at Arizona State University. This open letter is offered to clarify the issues surrounding this action.

Procedural Background

The Grand High Zeta declared Zeta-Psi Zeta inactive by authority of Article XI, Section 6 of the Constitution, which states:

“The Grand High Zeta may declare a Chapter to be inactive where local conditions are such as to render the continuance of the Chapter questionable or impossible for a period of time, but where there is the intention of re-establishing operations when such unfavorable conditions are removed or are improved sufficiently to justify reactivation of the Chapter.”

On September 24, 2003, Zeta-Psi Zeta requested a reconsideration of that Order. This request was supplemented by additional materials dated October 3, 2003.

There is no right to appeal or to reconsider of a decision of the Grand High Zeta under our Fraternity Laws, other than the provision in Article XIII, Section 3 of our Constitution, which provides that “Orders of the Grand High Zeta may be revoked by a majority vote of the General Assembly.” Nevertheless, the Grand High Zeta agreed to review the application of Zeta-Psi Zeta to be sure the process leading to this decision had been fair to the Chapter and its members, and on the basis of the language in Article XI, Section 6 that provides for re-establishment of a Chapter “when such unfavorable conditions are removed or improved sufficiently to justify reactivation.”

Representatives of Zeta-Psi Zeta requested and received permission to attend a previously scheduled meeting of the Grand High Zeta on October 18, 2003. At this meeting, the Chapter was ably represented by its current High Alpha Tim Morenzoni and its immediate past High Alpha Michael Pullen. Each made a presentation to the Board and responded to numerous questions. Afterward, and after much discussion, the Grand High Zeta voted unanimously to reaffirm its earlier order. The representatives of the Chapter were advised of this decision by the Grand High Alpha immediately following the vote.

Factual Background

The facts giving rise to this decision are substantially undisputed, but a brief summary is appropriate to be sure all interested parties are fully-informedfully informed.

[Insert factual summary in bullet-point format]On August 18, 2001, the chapter conducted a social event that violated policy by allowing underage drinking, failing to follow BYOB policy, and distributing alcohol to guests. Immediately after leaving the event, a female guest, Jessica Woodin, was struck and killed by a drunk driver. As a result, the chapter was immediately placed on Stage 3 probation.
A suit was filed on April 17, 2002, against the General Fraternity and the local chapter.
In January 2003, the chapter was removed from probation for completing the required terms of the discipline.
In the spring of 2003, the chapter admitted liability for $1 million, and using local laws, transferred its rights to the plaintiff in an attempt to seek payout by the insurance company, Lloyds of London. Since the chapter had violated alcohol policies, it was excluded from coverage by the liability insurance policy and denied a favorable judgment.
In August 2003, the General Fraternity settled the remaining portion of the suit and was required to pay $150,000 of its deductible to be released from the lawsuit.
On August 22, 2003, the chapter hosted an event at which they failed to utilize a guest list, failed to ID guests, and failed to control the amount of alcohol brought into the chapter house.
On September 6, 2003, the chapter conducted an event at which approximately 100 people were present and the chapter failed to utilize a guest list, failed to ID guests, and failed to control the amount of alcohol brought into the chapter house. The chapter president called local police to assist in clearing out the chapter house.

Grand High Zeta Conclusions

The Grand High Zeta considered the entire factual record in making its determination. While no single factor was considered determinative, the following facts are instructive in understanding the current atmosphere at Zeta-Psi Zeta and on the Arizona State University campus:

· Zeta-Psi Zeta has been on probation five times in the last nine years.


· The Jessica Woodin event attracted national negative attention to the Fraternity and to the Greek system as a whole. The Chapter’s involvement in the events leading up to the Woodin event gave rise to a denial of coverage by our insurance carrier - a denial that was affirmed by the judge handling the case. A significantly heightened awareness of risk management issues among Chapter members should have resulted.


· The Arizona State University campus has been described - even by members of Zeta-Psi Zeta - as a “party school.” Four to five other Greek organizations have been caused to close Chapters at Arizona State University in recent years, and our insurance brokers have recommended strongly that we close the Chapter operations in Arizona because of risk management exposure and the negative Greek environment in the State - largely arising partly out of the Woodin eventincident.

· No individual members of Zeta-Psi Zeta have been singled out or disciplined by the Chapter for the events in August and September of 2003. It appears to be a problem systemic in the Chapter.


· The events outlined in the submissions by Zeta-Psi Zeta - describing two separate events in 14 days during which non-members (over 70 in one instance and over 100 in the next) entered side doors and climbed over gates in order to get to the Fraternity house and during which the police were called in at least one both instances - indicate an atmosphere in which adequate control will not be possible. The Chapter’s assertion that “we simply did not anticipate for our social gatherings to grow beyond our control” is chilling.


· During its most recent probationary period, the Chapter undertook to educated its members on risk management issues - a process that should have resulted in a sensitivity to the dangers presented by events like those in August and September of 2003. The conclusion is nearly unavoidable that the risk management educational process was ineffective and that the Chapter “just doesn’t get it.”

Upon in-depth review of the submission of Zeta-Psi Zeta, and after hearing the presentation by its representatives, the Grand High Zeta concluded that the process by which the original Order had been entered was fair and fully-informed, and that the unfavorable conditions that led to the decision to declare the Chapter inactive have not been removed or been improved sufficiently to justify reactivation. The vote of the Grand High Zeta was unanimous.

The members of the Student Advisory Committee were present at the Grand High Zeta meeting. Their views were actively solicited by the BoardThe Board actively solicited their views, and they participated extensively in the discussion of this issue. Their vote was not a required element of the decision-making process, but it must be noted that the members of SAC also voted unanimously in support of the Grand High Zeta’s decision.

Closing

We are not in the business of closing Chapters. In fact, at the same Grand High Zeta meeting at which the Arizona State matter was considered, we reviewed a list of __ 60 Chapter expansion opportunities, nearly half of which are on campuses where a Lambda Chi Alpha Chapter has existed previously. It is our sincere hope that, in the fullness of time and under conditions which give assurance that the atmosphere giving rise to recent events has improved sufficiently, our presence on the Arizona State University campus will be re-established.

Your Grand High Zeta has taken the unusual step of publishing this as an open letter to the members of all Chapters to educate them on the risks of hosting events and the consequences related to poor decision-making. Zeta-Psi Zeta has not been used as an example - the consequences of their actions are directly attributable to their unique situation. However, we believe all of our Chapters can learn from the Zeta-Psi experience and may take additional care to provide a positive social experience for our members in an environment consistent with our risk management policies.

Sincerely in ZAX,






Ted Grossnickle, Grand High Alpha
Lambda Chi Alpha Fraternity