Alpha Phi International Threatening Volunteers with NDA

[JCsMom]

This Alpha Phi International Non Disclosure Agreement for “Volunteer Leaders” is making the rounds in private texts / chats all across the country. Lawyers have even looked at it and told some Alpha Phi volunteers that it isn’t worth the paper it is written on. I’m not a lawyer, so I don't know BUT but IMO, unless Alpha Phi has started paying volunteers CASH MONEY for their silence, this can only be viewed as a SCARE TACTIC to keep horrified volunteers from talking about the despicable practices of the national officers and staff. WHAT ARE THEY AFRAID OF? Put simply, the TRUTH.

Shame on the International Executive Board.

Shame on the Executive Director.

I hope that volunteers keep speaking up and telling the truth about the ugliness that we all now know as … Alpha Phi International. Vows of confidentiality become meaningless when you violate the very nature and promise of the founding principles of the organization.

A corrupt leadership DESERVES to be exposed.

What do you all think of this? Does your organization require volunteers to sign NDA agreements with threats of legal action?



This is the text of the Non Disclosure Agreement:

As a condition of my position as a volunteer leader with Alpha Phi International Fraternity, Inc. (“Alpha Phi”), a New York not-for-profit corporation, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree to the following:*

A. I acknowledge and understand that in connection with my position as a*[INSERT POSITION HERE]*with Alpha Phi, I will have access to and be provided with certain confidential and proprietary information pertaining to Alpha Phi, including but not limited to information relating to its members, business practices and strategies, finances, designs, plans, drawings, photographs, mock-ups, discoveries, research, developments, methods, processes, procedures, improvements, ‘know-how’, market research, marketing techniques and plans, in oral, demonstrative, written, graphic or machine-readable form, and other matters, all of which Alpha Phi deems confidential and proprietary and all of which are of substantial value to Alpha Phi (“Confidential Information”).*

B. I acknowledge and understand that in connection with my volunteer leader position with Alpha Phi, I may be asked to create or prepare certain confidential and proprietary business information pertaining to Alpha Phi, its members and its business operations. I may also be asked to participate in meetings, telephone conferences or other modes of communication where confidential information pertaining to Alpha Phi is disclosed and/or discussed. The confidential and proprietary information referred in paragraphs A and B of this Agreement is hereinafter referred to as the “Confidential Information.”*

C. I agree not to use, cause to be used, or to disclose to any third party, whether directly or indirectly, and unless required by my volunteer role or assigned responsibilities, any Confidential Information of Alpha Phi at any time prior to, during, or after my volunteer leader position with Alpha Phi ceases without the express written consent of the Alpha Phi Executive Office. I acknowledge and agree that the requirements herein shall apply to Confidential Information disclosed to me prior to the date of this Agreement.*

D. In the event that my status as a volunteer leader with Alpha Phi ceases, for whatever reason, I agree to promptly return to Alpha Phi all Confidential Information or certify to Alpha Phi that I have destroyed, in any form and of any kind, which is in my possession, custody or control, including any copies of such Confidential Information. I further agree that I will not retain copies of any such Confidential Information upon the conclusion of my volunteer leader position with Alpha Phi.*

E. I further agree that I will not disclose, use or reference any Confidential Information of Alpha Phi on any social media platform at any time prior to, during, or after my volunteer leader position with Alpha Phi concludes.*

F. In the event that I breach any provision of this Agreement, I acknowledge that a remedy at law would be inadequate to sufficiently protect Alpha Phi’s interests in safeguarding its Confidential Information and, further, that Alpha Phi shall be entitled to an injunction restraining any further breaches, in addition to any other remedy provided by law. In addition, I agree to pay any and all reasonable costs and expenses, including attorneys’ fees, incurred by Alpha Phi in enforcing this Agreement.*

G. No amendment, modification or variation of the terms and conditions of this Agreement shall be valid unless it is in writing and signed by the Parties hereto.*

H. This Agreement shall be construed under the laws of the State of Illinois. Any court proceeding brought by either Party under this Agreement must be brought in either the United States District Court for the Northern District of Illinois or the Circuit Court of Cook County, Illinois. Each Party agrees to personal jurisdiction in any such court.*

I. In the event that any provision of this Agreement is declared to be unenforceable or invalid under applicable law, the validity of the remaining provisions of this Agreement shall not be affected thereby, and the provision that is declared to be unenforceable or invalid shall be changed and interpreted so as to best accomplish the Parties’ desire to protect and safeguard the Confidential Information of Alpha Phi.*

[AZTheta]

While we're on the subject of Alpha Phi, what about this https://theivynapa.com/? Oh, the winery burned last October during the Napa Valley fires, FWIW. Apparently the barrels in storage were unscathed.

SMH at a collaboration involving alcohol. Especially enjoyed the quote from the Executive Director: "Every time you open a bottle of The Ivy Napa Valley, you are supporting the effort to preserve our rich history." Refresh your memory about her - plenty of info here on GC.

My Panhellenic APhi sisters, you have my support and my incredulous sympathy.

[navane]

Originally Posted by AZTheta

While we're on the subject of Alpha Phi, what about this https://theivynapa.com/? Oh, the winery burned last October during the Napa Valley fires, FWIW. Apparently the barrels in storage were unscathed.

SMH at a collaboration involving alcohol. Especially enjoyed the quote from the Executive Director: "Every time you open a bottle of The Ivy Napa Valley, you are supporting the effort to preserve our rich history." Refresh your memory about her - plenty of info here on GC.

My Panhellenic APhi sisters, you have my support and my incredulous sympathy.

In the interest of disclosure, Gamma Phi Beta also has a collaboration with this winery. I recently learned that one of the owners is a Gamma Phi Beta. See our site and scroll down to the owners' statements: https://firstmoonnapa.com/vip/

For whatever it's worth, I don't drink wine and am not a member of the wine club.

[NYCMS]

Originally Posted by navane

In the interest of disclosure, Gamma Phi Beta also has a collaboration with this winery. I recently learned that one of the owners is a Gamma Phi Beta. See our site and scroll down to the owners' statements: https://firstmoonnapa.com/vip/

For whatever it's worth, I don't drink wine and am not a member of the wine club.

Ugg. Such a bad idea, I'm so disappointed. I looked at the site and see it's endorsed by our international president and looks like an alum does indeed own (or have ownership) in the winery. SMH.

[Sciencewoman]

Originally Posted by NYCMS

Ugg. Such a bad idea, I'm so disappointed. I looked at the site and see it's endorsed by our international president and looks like an alum does indeed own (or have ownership) in the winery. SMH.

When I received the email advertising this, I really scratched my head. Just not a fit for our organizations.

[ASTalumna06]

This topic showed up on Reddit...

https://www.reddit.com/r/Sororities/...nteers_sign_a/

Also, just a warning: Greekchat is being bashed a bit here by a commenter.

[Sen's Revenge]

Originally Posted by JCsMom

What do you all think of this? Does your organization require volunteers to sign NDA agreements with threats of legal action?

My knowledge of what may be going on behind the scenes notwithstanding, an NDA for confidential matters doesn't shock me.

At least two NPHC orgs (and maybe even mine, but I don't know) requires candidates for membership to agree to not sue the organization but to seek binding arbitration instead.

And those orgs also have rules on the books that people who sue the org must be suspended for the duration of the suit, and if they sue and lose, then they will be expelled from their orgs.

There's a point where the shit just ain't that serious to me and I'd rather not volunteer at all.

[carnation]

Originally Posted by Sen's Revenge

There's a point where the shit just ain't that serious to me and I'd rather not volunteer at all.

What he said.

[GreekOne]

Originally Posted by Sen's Revenge

There's a point where the shit just ain't that serious to me and I'd rather not volunteer at all.

Exactly!!

And I would not be surprised if they ask their collegiate officers to do the same. In light of the leaked Michigan recruitment document, they are probably concerned about what else might be released.

[Cheerio]

In The Times Of Triceratops we trusted our volunteers and sisters. Now it's trust but strongly back-up and use the law, with individual NPC Group bylaws/rules/loyalty codes, to punish when necessary.

Having previously served in multiple volunteer positions for (my NPC group) here's hoping I remembered to SHRED, and not merely toss into a trash can, all confidential (my NPC group) information from my possession they may at any time have/now deem as such.

And should I discover stray confidential (my NPC group) items leftover at home from now on, how swiftly will the trek be to the shredder in my office!

Yes, despite the common use of computers over the past four decades, it's always possible SOME printed confidential papers may still be floating around in a stray folder.

[ASTalumna06]

I've been a national volunteer for my org for the past seven years in multiple capacities, and I've never had to sign such an agreement.

It does seem a tad sketchy to require such a thing. What information is Alpha Phi sharing with VOLUNTEERS that would create such a problem for them if it was released outside the org?

I also imagine that because this NDA is so vague, there would be no justifiable legal recourse by Alpha Phi. I've dealt with NDAs on a limited basis at my job as an insurance underwriter. When handling coverage for large, nationally-known companies, they usually have insurance carriers sign NDAs, knowing that if we're to consider writing such a large policy, we're going to request their payroll and financial records, for example.

Typically, as I understand it, NDAs are used in business transactions. And more and more, there are laws being made to specifically state that NDAs cannot be used to "buy someone's silence" (in a case of discrimination, sexual assault, etc.). If that's what Alpha Phi is attempting to do here, I don't see the law landing on their side.

But perhaps some legal experts can chine in here. Kevin?

[navane]

Originally Posted by Sen's Revenge

There's a point where the shit just ain't that serious to me and I'd rather not volunteer at all.

Ding, ding, ding! We have a winner!

Originally Posted by ASTalumna06

I also imagine that because this NDA is so vague, there would be no justifiable legal recourse by Alpha Phi.

One of my [many] issues with that NDA is its vagueness. That organization should consider spelling out exactly what is considered "confidential" or otherwise mark any such documents and emails as "confidential". It just seems like they are referring to anything and everything related to their organization. Trying to navigate what is ok and what isn't would be a minefield for any volunteer.

[Kevin]

Originally Posted by ASTalumna06

But perhaps some legal experts can chine in here. Kevin?

Sounds like someone paid a consultant who is advising Alpha Phi to treat their volunteers in the same manner as a business would treat franchisees and employees.

Since we're missing the definitions of "Confidential Information," I'm not sure how legally sound it is. I would suggest that practically, if I wanted to create an "EFFXYZ" profile, and publish confidential information on social media while hiding behind a VPN, there's no real recourse if the organization can't prove I did it.

And since the confidential information rarely is something along the lines of "Alpha Phi House Corporation is considering acquiring property in this area," and more along the lines of "Alpha Phi encourages member selection to heavily consider physical appearance of PNMs," the goal and what is being protected is fundamentally different. Younger members are going to be savvy enough to cover up their tracks if they disseminate information.

So you've slapped your volunteers in the face with very little to show for it. Super smart move.

[APhi2KD]

Damn. I joined the Ivy Club because I want the box- I don’t even drink wine! (Unless it’s like Boone’s Farm.

[DGTess]

Originally Posted by ASTalumna06

I've been a national volunteer for my org for the past seven years in multiple capacities, and I've never had to sign such an agreement.

It does seem a tad sketchy to require such a thing. What information is Alpha Phi sharing with VOLUNTEERS that would create such a problem for them if it was released outside the org?

<snip>

I volunteer with a nonprofit whose mission is education and lobbying. I have significant information about the financial picture of that organization, information that if divulged could provide fodder for those who advocate against us. Therefore, I understand the sensitivity of *some* information, and even the need for an NDA. I don't see, however, the utility of one as vague and all-encompassing as this one.