I knew this was coming. Lordy, lordy.
In short: National SigEp took the guys' charter. The guys were widely acknowledged to be chill and above board on campus, so it was a big shock. Then the guys courted ADPhi. ADPhi came and initiated them, and they were unrecognized and unhoused. Then rush week came along. They did not get any pledges (they could have gotten 1 or 2 but they told them to go on b/c of the whole situation; these men took bids elsewhere). Now there is this legal thing. And word on the street is that the guys are now going to become social members of yet another fraternity on campus (a recognized one) in order to pull that fraternity out of financial woe and keep it going. So I don't know what that's all about. It sounds to me like the national president of ADPhi is kind of grasping at straws... oh well. We'll see. Best of luck to everybody!
There was a previous thread on this issue.
Here is a link and article from one of the school papers:
http://www.thetrident.org/news/2004/...e-583722.shtml
ADPhi brings suit against SPE
By Michael Lee
On Thursday, the thirty-three members of the Robert E. Lee Affiliate of Alpha Delta Phi at Washington and Lee filed suit against the Sigma Phi Epsilon national fraternity alleging slander, libel, and defamation of character.
Sigma Phi Epsilon (Sig Ep) suspended their Virginia Epsilon chapter's charter in July, citing a failure to reverse a pattern of behavior and misconduct "inconsistent with the values of Sigma Phi Epsilon" and Washington and Lee. Sig Ep's national office sent out letters to parents of the former brothers explaining the situation.
"The chapter has accrued allegations of alcohol abuse, been involved in questionable membership activities, and regular disdain and combative relations with the Alumni and Volunteer Corporation and Headquarters staff," said the letter.
The letter also stated that the chapter's grade point average had declined over the last three years, and that efforts made by officials from the Headquarters and Alumni and Volunteer Corporation have been unsuccessful in bringing an end to this negative pattern of behavior.
The former Sig Eps then proceeded to affiliate themselves with Alpha Delta Phi (ADPhi), a national fraternity ready to support them in maintaining their brotherhood at W&L. Their membership in ADPhi, however, hinged on a waiver of membership from Sig Ep nationals. Under the North American Interfraternity Conference rules, "no member fraternity shall initiate a member of another fraternity," and "no member fraternity shall accept a petition for membership, grant colony or other affiliated status, or grant a charter to any group substantially representing an existing or previously resigned or disassociated colony or active chapter of another fraternity."
In order for the former Sig Ep brothers to be initiated into Alpha Delta Phi without violating NIC rules, Sig Ep's national office needed to provide a release for those former members.
There, of course, is where the controversy began. The former Sig Eps at W&L were initiated into Alpha Delta Phi on October 4, 2003, and ADPhi's Executive Director William E. Millard advised Sig Ep of the same on Monday, October 6. Sig Ep then filed a complaint with the NIC. Their claim to NIC Executive Director Jon Williamson was that its letter to their former members' parents over the summer did not comprise a release. Sig Ep maintained that they fully intend to re-constitute their chapter after these men have graduated, and that in order to protect its housing interest and agreement to return, they would not be releasing those men.
Meanwhile, Alpha Delta Phi and their new affiliate argued that the letters constituted a de facto release. Believing their reputations to be damaged by statements made by Sig Ep nationals, the individual brothers in Lexington filed suit against Sig Ep.
"The individuals involved are filing suit against SPE for slander, libel, and defamation of character, related to the continued sullying of their reputations regarding their situation," said Alpha Delta Phi National President Dave Brewster. Brewster provided two letters on Sig Ep stationary that claim, he says, "charges of rape, alcohol abuse, and common thievery that the school supposedly knew about!"
Brewster then presented a third letter to the NIC from W&L Dean of Students Dawn Watkins, dated the day after the NIC complaint was filed. This letter stated that the charges listed by Sig Ep in its letter to the NIC, "are not a matter of record within our University judicial proceedings for the local chapter."
Brewster went on to say that Alpha Delta Phi would never have taken these men if any of those charges were true.
"If all these claims are true, where are the police reports, insurance filings, and all other records?" said Brewster.
Should this lawsuit not be resolved favorably to ADPhi, Brewster stated that a second lawsuit is currently being investigated for possible filing.
This second suit would take the form of a complaint against Sig Ep and the NIC under the Sherman Antitrust Act. Brewster said that under the Sherman Act, a person cannot interfere with the free trade, commerce, or association of another. In not releasing their members, Brewster alleged that Sig Ep and the NIC are preventing these men from associating with Alpha Delta Phi. Brewster provided, as support for this case, Hamilton Chapter of Alpha Delta Phi vs. Hamilton College (1997), in which four fraternities collectively defeated Hamilton College's attempt to force all students to live on campus and subsist on University board plans. The fraternities contended that Hamilton's actions were an illegal attempt to restrict commerce.
Jon Williamson, Executive Director of the NIC, declined to comment on the pending lawsuit.
Scott Thompson, Communications Director for Sig Ep said that as of Tuesday evening, Sig Ep had not received any official notice of the lawsuit. Thompson went on to say that the charter suspension was based on records received from the University and Alumni Corporation that included reports of hazing, recruiting with alcohol, and a combative relationship with headquarters.
Thompson said that Sig Ep Nationals acted in full accordance with their own rules for dealing with this situation. "Our bylaws clearly say that after a charter is withdrawn, the brothers' undergraduate memberships are suspended, but they remain eligible for alumni status upon graduation," said Thompson. "This was explained to the brothers and their families in our letter of July 2003."
Thompson did not recall any NIC action after Sig Ep's comity complaint was filed, but stated that whatever happened after their filing was subject to NIC rules and was not under Sig Ep control.
Currently, Sig Ep's complaint is undergoing review, and as a result, the ADPhis at W&L remain an affiliate, not a true chapter.
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