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Welcome to our newest member, Anna Weaver |
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03-21-2013, 04:06 PM
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GreekChat Member
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Join Date: Jul 2001
Location: ILL-INI
Posts: 7,207
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Quote:
Originally Posted by Kevin
Is there a contract stating that the fee you paid for the badge was a lease for life of membership type of an affair?
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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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03-21-2013, 04:12 PM
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GreekChat Member
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Join Date: May 2002
Location: A dark and very expensive forest
Posts: 12,731
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Quote:
Originally Posted by Kevin
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.
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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.
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Absolutely.
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AMONG MEN HARMONY
18▲98
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03-21-2013, 04:28 PM
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Super Moderator
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,653
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Quote:
Originally Posted by MysticCat
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.
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--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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"EXCELLING WITH HONOR"
S N E T T
Mu Tau 5, Central Oklahoma
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03-21-2013, 05:30 PM
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GreekChat Member
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Join Date: May 2007
Location: Michigan
Posts: 4,464
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Quote:
Originally Posted by Kevin
--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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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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Gamma Phi Beta
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03-21-2013, 06:02 PM
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GreekChat Member
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Join Date: Jul 2008
Location: Queens, NY
Posts: 6,291
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Quote:
Originally Posted by LouisaMay
I'm just curious...
Do most NPC badges have engraving on the back? Mine does not.
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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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I believe in the values of friendship and fidelity to purpose
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03-21-2013, 08:08 PM
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GreekChat Member
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Join Date: Nov 2007
Location: State of Imagination
Posts: 3,400
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Quote:
Originally Posted by Kevin
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.
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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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03-21-2013, 10:13 PM
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GreekChat Member
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Join Date: Oct 2012
Posts: 217
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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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Chi Omega, yours forever.
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03-21-2013, 10:21 PM
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GreekChat Member
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Join Date: Dec 2002
Location: I can't seem to keep track!
Posts: 5,803
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Quote:
Originally Posted by kateee
He needs to mail this into our HQ immediately.
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Based on his posts, I sincerely doubt that is going to happen...
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