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  #16  
Old 06-03-2002, 01:23 PM
lifesaver lifesaver is offline
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Join Date: Jun 2000
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Exclamation Re: Re: some thoughts...

Quote:
Originally posted by LeslieAGD


I disagree with this simply because my chapter has an unofficial house and IHQ cannot and/or does not impose rules on the house.
You can bet your sweet ass that it will if it's a risk mgmt issue. Girls have stricter rules than us guys do, and if all us old FIPG'ers have Risk Mgmt rules regarding risk management and Un-Official houses, you can bet you do too.

A few points on this subject from Lambda Chi Alpha's insurance Company, James R Favour and Co.:

An event could be attributed to the chapter in the eyes of a jury if any of the following conditions occur:

- Any amount of money affiliated with the chapter is used for the event (chapter funds, donations, or pooling of funds)
- Event was announced using a chapter phone tree, or at a chapter function.
- The event is publicized with reference to the chapter.

Off Campus and "unofficial" Chapter events:

Some chapters have intentionally participated in gatherings, functions, parties or events that were held away from the chapter's house or off campus in an attempt to circumvent the spirit and intent of the fraternity's policies. Most of these events occur at private residences (apartments, rental houses) of members or even at the residence of non-members and are classified as "unofficial" because they are not chapter sponsored. The risks posed by such events are often more substantial then "official" chapter events. A discussion of the myths associated with off-campus and "unofficial" events follows:

Myth #1
We are not liable for events at a members apartment.


Wrong. Courts have held that if a 'reasonable' person testifies that the event is in fact a 'chapter event' then it is a chapter event. In most cases, the chapter is held liable…even at a member's apartment. Think of your Greek advisor, or girlfriend walking into an event. If he or she would say it is a 'chapter' event, it is.

Myth #2
An individual member cannot be held liable for events he sponsors at his private residence.


Wrong. Most states have laws that incriminate a social host for serving alcohol to minors. If not, civil remedies are available to a person alleging injury after attending an event hosted by a chapter member. In addition, the member's parents may also be held liable for the actions of the member if he hosts a party and someone gets hurt.

Myth #3
We will just have the event at a non-members residence.


Think again. If a 'reasonable' person says that the event is a 'chapter' event, then it is. Again, think of your Greek advisor, or girlfriend walking into an event. If he or she would say it is a 'chapter' event, it is.

Myth #4
The General Fraternity cannot discipline a chapter for something that happens at an 'unofficial' event.


The General Fraternity will not hesitate to discipline a chapter if there is an incident of any kind at a social event where the event participants are violating the Fraternity's risk management policies.

The bottom line: If Lambda Chi Alpha could avoid liability by moving all chapter events off campus or making events 'unofficial', it would have instructed all chapters to do so.

I would be willing to assume that all of our HQ's have simular rules because this is in essence what our ins. companies have required of us to be insured. Remember tho, this covers risk mgmt issues only, not moral or rush policies. I would assume that would vary between orgs.
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