DELTA UPSILON IN THE PHILIPPINES

[SAEalumnus]

Originally Posted by rufio

i heard the topic tabled to the 16th. but this is all info i've just overheard, nothing official.

Any updates?

[rufio]

not that i'm aware of.

[rslpac1]

Greetings all,

I've been reading the DU in the Phillipines thread, and thought I would add some interesting information.

Though I'm not one to pass judgement, I thought I'd share with you what would hypothetically happen if something like this happened in Phi Mu Alpha Sinfonia Fraternity, a Men's Music Fraternity in the USA of which I am a proud brother. Please don't mistake this as passing judgement on anything going on - just wanted to share with you would would probably happen if something like this happened with Sinfonia.

First and Foremost colonization and chartering of chapter of Phi Mu Alpha Sinfonia can only be done through the consent and approval of the National Fraternity. This is regardless of geography, be it in Alaska, Hawaii, or 10 minutes from our HQ in Indiana.

Any entity that uses our name and rituals without the approval of the fraternity would probably receive a stop and desist communication from our National HQ/Officers, followed by an investigation by the fraternity, and possible legal action. Especially if a group got fed up with waiting and found some way to be initiated anyway - this is a violation of many rules and regulations that the fraternity has and would be cause for the disbandment of the group looking to join the fraternity.

Any collegiate group that wants to form a chapter of Phi Mu Alpha Sinfonia must go through the colonization process. Only collegiate chapters are authorized to initiate members; this is strictly enforced as alumni associations nor colonies can not initiate. When a colony becomes a chapter they are initiated by another collegiate chapter (a "big brother" chapter). Only active, chartered chapters in good standing with the fraternity may initiate new members.

This is our colonization process:
http://www.sinfonia.org/Resources/Gu...%20Program.pdf

(FYI - I am a president of an alumni association and have served Sinfonia in many different leadership positions.)

I hope this was informative and helpful. Please keep in mind that this is only my best guess what would happen if my fraternity was presented with the same issues as faced by Delta Upsilon. I hope everything is resolved in a peaceful and logical manner.

Fraternally,
Rich L.
Phi Mu Alpha Sinfonia Fraternity of America (www.sinfonia.org)
President, NYCAA
Gamma Alpha '92

[MysticCat]

Originally Posted by rslpac1

Any entity that uses our name and rituals without the approval of the fraternity would probably receive a stop and desist communication from our National HQ/Officers, followed by an investigation by the fraternity, and possible legal action. Especially if a group got fed up with waiting and found some way to be initiated anyway - this is a violation of many rules and regulations that the fraternity has and would be cause for the disbandment of the group looking to join the fraternity.

Hey Rich, and welcome to GreekChat!

I get what you're saying in the quoted part above. The problem is that when, as here, the group in question is in another country (on the other side of the world, no less), realistically, from a legal and financial standpoint, a fraternity's options to investigate and take legal action are going to be very limited.

Fraternally,

[naraht]

Originally Posted by MysticCat

Hey Rich, and welcome to GreekChat!

I get what you're saying in the quoted part above. The problem is that when, as here, the group in question is in another country (on the other side of the world, no less), realistically, from a legal and financial standpoint, a fraternity's options to investigate and take legal action are going to be very limited.

Fraternally,

And trying to get that legal action enforced in the Philippines, especially if the group isn't a business registered with the Philippine SEC gets somewhat difficult.

There have been many different reactions from USA Greek Letter Organizations to groups with the same name in the Philippines. On the one hand, you have Alpha Sigma Phi, where eventually they accepted the group in the Philippines as a separate national organization as a separate International Umbrella, on the other hand you have Phi Beta Kappa where the USA organizations is going through the effort to sue in the Philippines. (I think Phi Beta Kappa is into the second year of the effort).

There are several groups in the middle including Delta Upsilon(Phil), Alpha Tau Omega(Phil) and Sigma Alpha Epsilon(Phil). Delta Upsilon(Phil) is attempting to affiliate. Alpha Tau Omega(Phil) and Sigma Alpha Epsilon(Phil) seem to be using symbols that are derived from those of the US groups. Whether the Philippine National approves of that, I don't know. Not sure what the situation is with Sigma Nu...

For Alpha Phi Omega, the effort in the Philippines has been approved by the US group since the year it started.

Randy

[rslpac1]

Thanks for the information!

The only thing that I believe is the major sticking point, and one that sort of confuses me, is the fact that DU in the Phillippines did not optain approval from the International Fraternity, nor go through a colony process. The chartering of a chapter, much less initiating members, without the approval of that fraternity's national hq is grounds for expulsion in most if not all fraternities. Its illegal use of all the fraternities symbols, rituals, materials, etc...

Bear in mind I only speak from my experience in Sinfonia and what I know of the U.S. greek system. Any interest group, regardless of location or geography or country, IMHO must follow the rules of that organization in order to be a legal entity and arm of that group. Doesn't matter if its the U.S., Canada, Japan, Phillippines, etc... you must follow the proper procedures to be first a colony and then a chapter.

My 2 cents.
Rich

[rufio]

Originally Posted by rslpac1

Thanks for the information!

The only thing that I believe is the major sticking point, and one that sort of confuses me, is the fact that DU in the Phillippines did not optain approval from the International Fraternity, nor go through a colony process. The chartering of a chapter, much less initiating members, without the approval of that fraternity's national hq is grounds for expulsion in most if not all fraternities. Its illegal use of all the fraternities symbols, rituals, materials, etc...

which is why they're appealing for affiliation. they recognize they are acting independently. they just went about becoming DU's the wrong way and are trying to find a way to rectify it.

[MysticCat]

Originally Posted by rslpac1

The only thing that I believe is the major sticking point, and one that sort of confuses me, is the fact that DU in the Phillippines did not optain approval from the International Fraternity, nor go through a colony process. The chartering of a chapter, much less initiating members, without the approval of that fraternity's national hq is grounds for expulsion in most if not all fraternities. Its illegal use of all the fraternities symbols, rituals, materials, etc...

I think the legality can get a little sticky. Yes, names, coats-of-arms and the like are registered trademarks, and fraternities have the ability to take action for the unauthorized use of them. That gets much more complicated, and in some cases near impossible, though, when the unauthorized use is not in the United States.

Generic symbols typically are not protected. We, for example, could not trademark a simple lyre or triangle, although a specific design of such a symbol (such as the lyre in our visual identity) can be trademarked.

As for rituals, an interesting question is raised. Will the typical fraternity try to take any kind of legal action, since doing so would require the fraternity to go into court and prove the unauthorized use of the ritual? Doing so would almost certainly require the complaining fraternity to introduce its ritual into evidence.

Which reiterates what I think may be an important factor here -- DU is not a typical fraternity where ritual is concerned. Its ritual has always been open; non-secrecy was one of the founding principles of DU. The DU can be found on their national website. I wonder if that made it an easier target for the group in the Phillipines.

I'll admit that as I've read about these orgs in the Phillipines, I've wondered, "How would we do if it were us?" Unfortunately, I think that an equally important question is "What could we do?"