U. of Missouri: SAE Adviser Quits, Citing Liability Concerns

[exlurker]

We've seen several postings here on GC about alumni/ae advisers' and inetrnational or regional officers' concerns over potential liability. Here are excerpts from an article in the August 4 Columbia Tribune about an adviser of a U. of Missouri fraternity and his concerns about a new state law:

A local fraternity adviser has resigned, citing fears that a new state law could subject him to criminal charges for underage drinking during fraternity functions.

Michael Lawler, 72, has served for the last four years as adviser to the Sigma Alpha Epsilon Fraternity chapter at the University of Missouri-Columbia. He said he regularly signed his name as approving of alumni barbecues at the fraternity house at 24 Stewart Road. Normally, fraternity houses are alcohol dry, Lawler said, but drinking was allowed at such alumni functions.

While those younger than 21 are not to partake, Lawler said it’s common knowledge that most fraternity members do, regardless of their age. . . .


The law,. . . effective Aug. 28, makes it a misdemeanor crime for a property owner or, as Lawler interprets it, a person responsible for a property to allow parties catering to underage drinkers. An exemption is made for parents and guardians who allow their children to drink on their property.

Columbia police Officer Tim Thomason . . . . said the new alcohol law likely would be enforced with warnings on first offenses, unless proof exists of a person having knowledge in advance that minors would be drinking alcohol.

Kim Dude, director of MU’s Wellness Resource Center, said Lawler’s concerns are well founded, and she is organizing a meeting with all MU fraternity advisers.

"There is a possibility this law could affect them," Dude said. . . .

The same bill has a provision allowing police to arrest people younger than 21 as minors in possession of alcohol if they are under the influence of alcohol. Previously, the possession law required the officer to see the minor with alcohol to make an arrest. . . .

The entire article is at

http://www.columbiatribune.com/2005/...804News003.asp

(edited to add URL and credit the paper)

[Tom Earp]

Go Figure! Sanity does prevail at some level.l

To Tired of Hearting about Stupid Chapter Shits!

[mmcat]

a wise decision

[PsychTau]

Originally posted by exlurker
The law,. . . effective Aug. 28, makes it a misdemeanor crime for a property owner or, as Lawler interprets it, a person responsible for a property to allow parties catering to underage drinkers. An exemption is made for parents and guardians who allow their children to drink on their property.

(DISCLAIMER: I am not a lawyer)

I can see how the phrase I've italicized above could be interpreted different ways. When I first read it, I thought "Well, GLOs shouldn't be throwing parties that cater to underage drinkers anyway (meaning they are targeting minors and drawing them in for the purpose of providing them alcohol). Then I thought they meant "catering" as in "serving"...meaning a minor caught with alcohol at that party invokes this law.

I understand the law....it's basically saying that if I rent out a lakehouse for a party and there are lots of minors drinking there, I could get charged. HOWEVER....they would have to prove that I KNOWINGLY rented for a party that would be serving minors. Also, if they charge the property owner....wouldn't that be the fraternity or housing corp (not necessarily the advisor)?

Eh....I could poke several holes in this case. Bottom line is that when your advisor signs off on a party registration (or whatever), they are taking some responsibility for what happens at the event.

PsychTau

[DeltAlum]

Originally posted by PsychTau
Bottom line is that when your advisor signs off on a party registration (or whatever), they are taking some responsibility for what happens at the event.

There are already some cases noted in posts in Risk Management where advisors, chapter officers, house corp members and even parents have been named in suits.

That's part of the reason that some of us aren't advisors anymore.

[STL Kappa]

The same bill has a provision allowing police to arrest people younger than 21 as minors in possession of alcohol if they are under the influence of alcohol. Previously, the possession law required the officer to see the minor with alcohol to make an arrest.

I was floored to hear about this part of the law changing. From a Mizzou student's standpoint, I can tell you that THIS is what likely will be getting people in trouble. It's common knowledge that at all parties, even those held in houses on campus (no, they're not allowed... yes, they happen all the time), the way to get around getting in trouble when the police come is simply to set down your drink... because they can't and don't do anything unless you are SEEN in possession. Maybe the law changing will make people more responsible about obeying the rules or maybe they'll just get into more trouble... I guess that all remains to be seen...

[exlurker]

Originally posted by STL Kappa
I was floored to hear about this part of the law changing. From a Mizzou student's standpoint, I can tell you that THIS is what likely will be getting people in trouble. It's common knowledge that at all parties, even those held in houses on campus (no, they're not allowed... yes, they happen all the time), the way to get around getting in trouble when the police come is simply to set down your drink... because they can't and don't do anything unless you are SEEN in possession. Maybe the law changing will make people more responsible about obeying the rules or maybe they'll just get into more trouble... I guess that all remains to be seen...

STL Kappa, Thanks for pointing that out. IF the article was correct about the change in the state law, I hope the chapters at Mizzou get the word out to members and their guests. I also hope people will drink more responsibly and legally.