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  #31  
Old 03-21-2013, 04:06 PM
DeltaBetaBaby DeltaBetaBaby is offline
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Quote:
Originally Posted by Kevin View Post
Is there a contract stating that the fee you paid for the badge was a lease for life of membership type of an affair?
I'm not a Chi Omega, but yes, I'm almost positive I signed something like this in my initiation paperwork.
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  #32  
Old 03-21-2013, 04:12 PM
MysticCat MysticCat is offline
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Quote:
Originally Posted by Kevin View Post
I've read that before (the bolded), but I'm wondering what that's based on. Say you kick a member out and she refuses to return her paraphernalia, her badge, etc. Does Chi Omega file a small claims suit for replevin? Is there a contract stating that the fee you paid for the badge was a lease for life of membership type of an affair?

It seems like a silly question, but considering there are entire websites dedicated to the resale of fraternity jewelry to folks who may or may not be members, I just doubt the validity of the bolded statement.
I know it goes counter to what many GLOs say, but I have said before that I question the legal enforceability of policies saying the GLOs retain ownership rights in badges and members have lifetime leases -- most of which policies are, so far as I know, relatively recent. Policies like these are certainly meaningless legally with regard to badges purchased prior to a GLO's implementation of such a policy.

To be clear, I'm not suggesting that the polices may not be binding on members ethically. But as far as legal rights go, I have my doubts.

Quote:
That said, it is probably still good form to just mail the badge back to Chi Omega's HQ with a cover letter explaining where you found it.
Absolutely.
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  #33  
Old 03-21-2013, 04:28 PM
Kevin Kevin is offline
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Quote:
Originally Posted by MysticCat View Post
I know it goes counter to what many GLOs say, but I have said before that I question the legal enforceability of policies saying the GLOs retain ownership rights in badges and members have lifetime leases -- most of which policies are, so far as I know, relatively recent. Policies like these are certainly meaningless legally with regard to badges purchased prior to a GLO's implementation of such a policy.

To be clear, I'm not suggesting that the polices may not be binding on members ethically. But as far as legal rights go, I have my doubts.
--the whole doctrine of "first sale" and all. And with the lack of engraved initials on the back, there'd be almost no way to conduct a reasonable search for the true owner, so the OP could always sell the thing on Ebay or trash it or whatever.

A finder of abandoned or lost property has title over everyone but the true owner.

Different GLOs seem to take different types of steps to prevent badges from being made for non-members. I've noticed HJGreek has some organizations which won't let you place direct orders with HJGreek, so I assume they can ensure the badge was being ordered by a member.

I can tell you that if you want a Sigma Nu badge right now, you can pop over there, pay their absurd price for fancy jewels like "diamondique" and have whatever you want engraved on the back. They won't want fingerprints or DNA or nothin'.
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  #34  
Old 03-21-2013, 05:30 PM
Sciencewoman Sciencewoman is offline
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Quote:
Originally Posted by Kevin View Post
--the whole doctrine of "first sale" and all. And with the lack of engraved initials on the back, there'd be almost no way to conduct a reasonable search for the true owner, so the OP could always sell the thing on Ebay or trash it or whatever.

A finder of abandoned or lost property has title over everyone but the true owner.

Different GLOs seem to take different types of steps to prevent badges from being made for non-members. I've noticed HJGreek has some organizations which won't let you place direct orders with HJGreek, so I assume they can ensure the badge was being ordered by a member.

I can tell you that if you want a Sigma Nu badge right now, you can pop over there, pay their absurd price for fancy jewels like "diamondique" and have whatever you want engraved on the back. They won't want fingerprints or DNA or nothin'.
Our new members are informed that the badge belongs to Gamma Phi. They're supposed to turn over everything with letters if they are terminated or resign. How enforceable this is, is another issue. New members can only order through the New Member Educator. If I want to order a new badge, I have to call IH and speak to the one person who places the orders.

That said, if the OP came to GC to ask what he should do, then I think he was given good, honorable advice to send it back.
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  #35  
Old 03-21-2013, 06:02 PM
ASTalumna06 ASTalumna06 is offline
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Quote:
Originally Posted by LouisaMay View Post
I'm just curious...
Do most NPC badges have engraving on the back? Mine does not.
Mine doesn't. My chapter always just did a mass ordering of badges, then they were given to the new members at initiation.
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  #36  
Old 03-21-2013, 08:08 PM
ree-Xi ree-Xi is offline
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Quote:
Originally Posted by Kevin View Post
I've read that before (the bolded), but I'm wondering what that's based on. Say you kick a member out and she refuses to return her paraphernalia, her badge, etc. Does Chi Omega file a small claims suit for replevin? Is there a contract stating that the fee you paid for the badge was a lease for life of membership type of an affair?

It seems like a silly question, but considering there are entire websites dedicated to the resale of fraternity jewelry to folks who may or may not be members, I just doubt the validity of the bolded statement.

That said, it is probably still good form to just mail the badge back to Chi Omega's HQ with a cover letter explaining where you found it.
Our badges are essentially "leased" to us as well.

We sign an agreement stating two things:

- Upon suspension or resignation, we must surrender our Quill (our membership badge) o the chapter EBoard or FHQ
- At death, the member can be buried wearing the badge, bequeath it to another initiated member in good standing, or have it sent back to FHQ. We're encouraged to state our preference in our will.
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  #37  
Old 03-21-2013, 10:13 PM
kateee kateee is offline
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We aren't supposed to be buried in our badges. They are supposed to be returned to HQ upon our death, along with a paper with our name and date of death so we can be listed as deceased in the database. He needs to mail this into our HQ immediately.
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  #38  
Old 03-21-2013, 10:21 PM
adpiucf adpiucf is offline
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Quote:
Originally Posted by kateee View Post
He needs to mail this into our HQ immediately.
Based on his posts, I sincerely doubt that is going to happen...
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