Wacky Article about Underground LCA chapter

[GammaZeta]

They probably just use our ritual, but most likely with some changes.

They probably do use the oaths, I mean if they consider themselves Lambda Chi's. What other oaths would they use? I really don't think they would sit down and write brand new ones.

What obligation are any of us under to keep our oaths? I know many brothers that have broken their oaths. Giving someone your personal word sadly means different things to different people.

What's to keep them from divulging our secrets? What's keeping ANY of us from divulging our secrets? Out of the tens of thousands of LXA's around the country, I'm pretty sure if you wanted to find out our secrets, you could. I bet you any hot, flirty sorority girl could easily get some brother nice and drunk and get him to spill the beans. That goes with any fraternity really.

You really shouldn't be worried. There is nothing that an underground chapter can do that other brothers haven't already done.

[LXAAlum]

Originally posted by GammaZeta
You really shouldn't be worried. There is nothing that an underground chapter can do that other brothers haven't already done.

Wanna bet on that? What IF one of these undergrounds does something incredibly stupid, like have a pledge/AM die in some bizarre hazing?

Guess what? The media will report it was the LXA fraternity. The public won't have the detailed information to know it was an underground fraternity (won't know what that means) - so, in the long run, anything an underground chapter does that makes the news gives the TRUE LXA fraternity a stigma.

I read an article in the Rocky Mountain News about 10 years ago that was similar to this - it had to deal with an underground LXA chapter in the south somewhere - when the neighbors called to complain, and the police showed up - they found naked, drunk people all over the place and live chickens running around. One of the cops said "I didn't realize we had interrupted their initiation ritual."

Guess what kind of questions my friends and family started to ask?

[GammaZeta]

So a recognized chapter cannot have an am/pledge die? Remember that article about that Lambda Chi that burned himself when his chapter decided to drink grain alcohol around the lamp?

We've had many chapters act irresponsibly and illegally that were recognized chapters. If you're underground or not, you are just as likely to do something stupid.

There is hazing that goes on in recognized chapters, and there is hazing that goes on in underground chapters. There is drinking that goes on in recognized chapters, there is drinking that goes on in underground chapters.

If it was only underground chapters that caused problems, then why do we still have risk management and insurance for recognized chapters? Yeah, the public probably won't realize an underground chapter isn't official, but I would be much more worried about a recognized chapter with a house and members wearing the letters doing something stupid than an off campus underground chapter. We have what, maybe 10 or 15 underground chapters? Compare that to the number of recognized chapters. A gambling man would put his money on the recognized chapters doing something stupid before the underground chapters.

[LXAAlum]

That's not what I said. What I meant was - anything a underground chapter does could affect LXA as a whole, even though we aren't truly affiliated with said chapter. The public will just hear the name LXA, and assume it's the international fraternity. It's not.

Should a recognized chapter have a similar issue, yes, we'll still have the same PR problems - but, at least it's a recognized chapter that some official recourse can be pursued. An underground uses our name, our symbols, and presumably our Ritual - without official recourse from HQ should something go wrong.

[lenoxxx]

I wonder whatever happened to any of this, I found yet another article online about it

Lenoxxx


National chapter threatens suit
January 25th 2002

By Jenni Rowles
Assistant to the Editor

The national organization of a former Susquehanna fraternity said it will seek legal action against any student who claims to be a part of its group.

The Susquehanna chapter of Lambda Chi Alpha was shut down in 1993 but has continued to operate as an underground chapter, Eric Richards, risk manager for the national fraternity, said.

The national organization plans to send a cease to exist order from its attorney to stop the group from acting as if it is a legitimate chapter of the fraternity, Richards said.

If the men involved in the underground chapter fail to cooperate with the national organization's request, Richards said the attorney will sue the underground chapter.

Richards said that the illegitimate chapter has kept ritual equipment, continued to facilitate the ritual of the fraternity and has continued to recruit new members to join the chapter.

"Members of the underground chapter have also continued to wear the Greek letters, Lambda Chi Alpha, on clothing or have worn similar or off-breed versions of the letters," Richards said.

Richards also said that the fraternity has not followed protocol and has used the letters on fliers, publications and other forms of media.

"The biggest thing is for the group to stop acting as a group, to stop facilitating ritual and to stop using our name," Richards said.

Dean of Student Life Dorothy Anderson said that since 1993 the national organization has been drawn into two lawsuits involving Susquehanna students and has had to pay for legal assistance to be removed from the suits.

"One of the cases that the national was involved in took place in 1995 and wasn't resolved until two years ago," she said.

Richards said that nation-wide, there are less than three organizations that are operating in the same manner as Susquehanna's underground chapter.

The national organization became aware of the chapter through correspondence from Susquehanna and other Lambda Chi Alpha chapters in the area who witnessed fraternity activity, Richards said.

Anderson said, "We have not asked them [national] anything recently, but we keep national informed about incidents involving students who claim to be Lambda Chi Alphas."

"It was fairly well known that the chapter has been like that for some time," Richards said.

According to Richards, Susquehanna has been cooperative with the national organization.

"A university can't do much about a chapter such as this [because of] the right to free association," Richards said. "The university legally cannot stop men from joining this group."

Richards said that the national organization doesn't close a lot of chapters and when it does, it implements an aggressive expansion policy.

Susquehanna's chapter of Lambda Chi Alpha lost its charter in 1993 following a "long-standing, consistent violation of fraternity risk management policies," Richards said.

"We're talking about things such as alcohol and hazing violations," Richards said.

"We try to come back in three to five years to re-start fresh [when the people who caused the problems are gone]," Richards said.

Anderson said that this group of men is not a recognized group on campus, and is not allowed to participate in Greek Week, Homecoming and Inter Fraternity Council events.

Richards said the solution for the group of men involved in the underground chapter is to consider starting a new fraternity on campus. He stressed that Lambda Chi Alpha will not be re-installed at Susquehanna.

Anderson said: "The upperclassmen lie [to the new members]. They believe that they are members of Lambda Chi Alpha but they are not."

"No current student will ever be a member of the Lambda Chi Alpha," Anderson emphasized.

"Prior to the university withdrawing recognition and the nation withdrawing the charter, Lambda went through a period of six to eight years where the fraternity struggled with issues," Anderson added.

"It [when we withdrew recognition] was not abrupt, rather it was very involved and elaborate. The decision was not arrived at without serious conversation," Anderson said.

Susquehanna has since implemented a Greek review system, which helps university officials decide whether or not a chapter should receive recognition.

"Lambda was a strong chapter at one point," Anderson said. "It had 100 to 110 members and was quite healthy."

"Some of the men are delightful, but some of them believe the only way to solve problems is to fight. If they leave S.U. thinking that is correct, then we didn't do our job," Anderson said.

"My concern is for the health and well being of all Susquehanna students, so this inappropriate behavior has to stop," Anderson said.

Nationally, Lambda Chi Alpha has 207 chapters and has more than 227,000 initiated members. According to the fraternity's national Web site, it was the first fraternity to eliminate the pledging process.

Although students with ties to the underground chapter were contacted, they failed to comment on the issue.

[lenoxxx]

Actually now that I think about it, If I really wanted to get these kids, I'd just hire a private investigator and find out who they are and file civil lawsuits against all of them, followed up with a paper trail and photographic evidence.

Lenoxxx

[GammaZeta]

I don't think you need to ruin these kids lives. You shouldn't take any action that would put a permanent black mark on their record.

All you need to do is file a quick, simple civil action in federal court. They will spend the $200 bucks consulting with a lawyer and find out that fighting it would be 1,000's of dollars.

Of course, just tell them you will drop the suit if they will stop using reference to LXA, etc. Neither the kids or LXA should do more than that. The kids won't be so stupid to spend $$$ fighting a losing case and LXA shouldn't look like it puts fraternity ahead of people's futures.

[Tom Earp]

I am Sorry, but if They are Reprsenting Themselves as Members of LXA and using Ritual and paraphanelia then they are wrong on many counts.

If they are not recognized by The School and LXA then there can be Civil Lawsuits. Why, well if they represent themselves as Members of a International Fraternity, They Are Wrong.

So, where does this place us as an International Fraternity? If they violate certain Rules and Regulations, it might very well fall upon LXA Heads.

This really needs to be taken care of.

Now, the other question is:

If they think that they have been Initiated in LXA and are not, Just Where does this leave them?

NO Where actually!

[LXAAlum]

Originally posted by GammaZeta
I don't think you need to ruin these kids lives. You shouldn't take any action that would put a permanent black mark on their record.

But, to turn the table on this, any action they do could potentially put a black mark on LXA as a whole.

If they are not a recognized chapter, they are in breach of confidentiality and other copyright issues.

It's not so much the civil copyright issue that really scares me - it's what could possibly happen from a risk management standpoint that puts US (legitimate brothers of LXA) in serious jeopardy.

However, now that it has gone public, this underground chapter best see the writing on the wall and call it quits. If not, if they continue to violate our brotherhood, they deserve whatever happens to them.

[GammaZeta]

I would have to disagree. I don't think any action resulting in a permanent black mark or any action which would jeapordize these kids' future is worth more than a fraternity and them using some letters. To me, a person and their future is worth more than any organization. LXA should find a way for them to stop using the name and I gave a good example of such.

I don't think we are at risk with any risk management issues. They are simply not members of the fraternity. We can't be held liable for their actions especially since they are aware that they are not part of the fraternity.

I just think some of the posts against these kids are a little extreme. These are KIDS we're talking about. There is no need to ruin anyone's future over this.

[john1082]

I suspect that these groups operate with little if any supervision. There would be little risk management oversight and no alumni around.

If something unfortunate should happen, and if our name were to surface, the plaintiff lawyer would file suit against the General Fraternity and it's officers - that's where the money is.

The group in question may have been an LXA chapter in the past, and they may have been disciplined and closed, but the plaintiff lawyer won't care, the families / survivors won't care, and the media won't care. Fraternities carry the same love in public as pit bulls and politicians. The local press will smell blood and will come after us, and the campus Greek system as a whole.

LXA will be in the position of damage control. Anything we say will be taken as self-serving. If we say "We closed that chapter three years ago", the plaintiff attorney will respond with "Well, you didn't do a good job of closing it, did you..."

That they group was not officially sanctioned will mean little to the press or a jury. I don't want to be in the position of trying to explain away a problem. Rather, I would want to smack it hard, right now. Thus, if something unfortunate should happen, we might be in a better position to defend ourselves.

[GammaZeta]

Respectfully disagree.

If LXA was ever taken to court for the actions of a group of men because LXA had a chapter there 13 years ago, the judge would throw the thing out, no question about it.

LXA has taken the necessary steps to safegaurd themselves from any liability arising out of the underground chapter.

There is nothing we can do to stop these people from continuing to function as a group or a fraternity. We can only legally stop them from using our logo and stating that they are members of the national fraternity, but nothing else.

The fact that the group is not sanctioned would mean everything to a judge or jury. A judge would throw this out on the first N.O.V motion or motion for summary judgment.

[john1082]

Where are you licensed to practice?

I don't know of any lawyer that would be so sure of a summary judgment motion. Certainly not here in California. Perhaps in the south, but not here.

[GammaZeta]

First of all this case would never go to trial. All LXA wants is for them to stop using the symbols and stating they are members. All the members want to do is exist in an underground group. LXA would not want to spend their resources fighting something so trivial and, unless some kid in the group is a millionaire with nothing better to spend his trust fund on, who is going to pay for the groups lawyer, nevermind a copyright or intellectual property attorney.

In Massachusetts with our overbooked, understaffed court system, I highly doubt any judge would let this continue. A bunch of drunken frat boys running around with another frat's letters on is the very least case a judge would want to hear. In fact, I'm pretty sure the judge would point to the door, tell them to take 5 minutes and settle it, and then come back into the courtroom.

If an injury occurs, exactly what legal connection to LXA does the plaintiff have to stand on? Not one of the kids in the group is affiliated with LXA. If I go out and murder someone and say I am a member of the Masons (even though I am not) does that make the Masons responsible? Please state what legal cause of action that the plaintiff would have in suing LXA, or any group the person imagines he is part of?

I'll have to boot up good ol' Lexis Nexis after I'm done drinking tonight to take a look at Penn. law.

[Tom Earp]

So, I guess the question should be, if they are not recogignized By the School and IHQ, then who are they?

What can they do to do damage to any further expansion?

If this is the case, just what harm can be done?