Kimbrough

Slide1: 

HAZING 2003: A Status Report Walter M. Kimbrough, Ph.D. Vice President for Student Affairs Albany (GA) State University

Six Events That Created The Climate: 

Six Events That Created The Climate

#6: 

#6 The Colorado Insurance Commissioners’ Report

Study Finds Greeks at Risk: 

Study Finds Greeks at Risk 1 Bars 2 Liquor stores 3 Child care centers 4 Asbestos contractors 5 Hazardous waste disposal companies 6 FRATERNITIES AND SORORITIES

Others on the survey: 

Others on the survey 8 Doctors 9 Lawyers 12 Small businesses 16 Cities 17 State Governments 22 Nursing homes 23 Pesticide manufacturers 24 Amusement parks 28 Restaurants 29 Hotels

#5: 

#5 A 1988 Movie

#4: 

#4 Death of Joel Harris

#3: 

#3 John Williams’ Dissertation

John Williams’ Dissertation: 

John Williams’ Dissertation (1992) Perceptions of the No-Pledge Policy For New Member Intake By Undergraduate Members of Predominantly Black Fraternities and Sororities

Slide10: 

No-pledge program enacted too quickly without allowing undergraduate input National hazing definitions were too broad and didn’t allow for traditional activities that were not seen by students as hazing Bonding opportunities lost Issue of gaining respect by pledging important enough to risk sanctions by engaging in underground pledging Students felt:

Slide11: 

Low level of endorsement by undergraduates suggests that national leaders have not made a clear case for the no-pledge policy Underground pledge activities and achieving respect by enduring hazing are real values espoused by the students Implications

Recommendations: 

NPHC officials at all levels need to increase dialogue with each other and university officials on critical issues such as intake Strong support for undergraduate chapter training Strong lines of communication between chapter members, advisors, and university officials Funding of research on minority Greek affairs should be supported by academic and corporate entities Recommendations

#2: 

#2 Death of Michael Davis

#1: 

#1 Heightened Criticism and Documentation of Failures

HAZING IN THE NEW MILLENNIUM: 

HAZING IN THE NEW MILLENNIUM Off to a deadly start

2002: Cal State Los Angeles: 

2002: Cal State Los Angeles 2 pledges died by drowning Allegedly Alpha Kappa Alpha No chapter at Cal State LA; is/was a city-wide chapter Mother of Kristin High has sued for $100 million Family of Kenitha Saafir has filed its own lawsuit

AKA(and all Greeks)In The News: 

AKA (and all Greeks) In The News Unprecedented News Coverage

Sample Media Spots: 

Sample Media Spots Several articles- LA Times CNN.com website The Chronicle of Higher Education National Public Radio’s Tavis Smiley Show CNN’s American Morning with Paula Zahn CNN’s Connie Chung Court TV’s Catherine Crier Live Dr. Phil

Points of Contention: 

Points of Contention Was this an active chapter? Were these “ghost” AKAs, and if so, does it matter? Who pulled them from the ocean? Were there handcuffs? How much contributory negligence applies to students who died and family who knew? Should AKA contact the family? Is a hazing policy enough to protect an organization?

The Lawsuit: 

The Lawsuit Major Points

The Defendants: 

The Defendants Alpha Kappa Alpha Sorority, Inc. Far West Region, AKA Sigma Chapter of AKA 5 members of AKA (presumably Sigma Chapter) Jane Does 1- 100

Causes of Action: 

Causes of Action Violation of education code (hazing) Negligence Per Se (hazing) Negligence (conducting dangerous initiation rites) Negligence (ALL- duty of reasonable care) Negligence (failure to supervise the initiation events) Negligence (failure to supervise CSULA) Negligence (breached duty of care) Business and Professions Code (unfair, unlawful and fraudulent business practices)

Cost???: 

Cost??? Compensatory damages, through jury trial, of $100,000,000 Punitive and exemplary damages Order enjoining AKA (nationally and CSULA) from hazing Require defendants to make restitution to family and disgorging all earnings, profits, compensation & benefit obtained as the result of violating Business and Professions Code Attorneys’ fees, costs & expenses Other relief as the court deems just and proper

Lessons From the Lawsuit: 

Lessons From the Lawsuit

1. As members, students are viewed as AGENTS of the organization: 

1. As members, students are viewed as AGENTS of the organization When they say, “My organization,” they are absolutely correct Their actions will be viewed as on behalf of the organization This is especially true when they recruit, select, and educate new members

2. Chapter President is a serious job: 

2. Chapter President is a serious job “The chapter president is the chief executive of a(n) AKA chapter. She speaks for the entire chapter to the outside world…” “ Her personal actions outside the chapter are not her own, but must be part of those of her organization which will be seen through her and judged accordingly.”

3. Our history of hazing is coming back to haunt us: 

3. Our history of hazing is coming back to haunt us “As with many fraternities and sororities, AKA and its local chapters have a history of engaging in hazing and other activities.” They will undoubtedly present reports from AKA hazing cases, especially those since 1990

This extends to our cultural artifacts that support this notion:: 

This extends to our cultural artifacts that support this notion: Death Chapters Bloody Chapters NOTE: I STRONGLY RECOMMEND that you encourage students to cease all usage (sayings, paraphernalia, websites, etc.) of these kinds of terms- they have been used in successful lawsuits

4. Organizations will be penalized because no one follows intake rules: 

4. Organizations will be penalized because no one follows intake rules “Notwithstanding these written policies, however, AKA is aware, or reasonably should be aware, that its chapters… regularly violate each and every one of these policies.”

Slide30: 

“Despite this knowledge and its otherwise extensive oversight over its chapters, AKA has done nothing to enforce its purported policies regarding hazing.” “This hazing policy is a sham.” These statements apply to ALL NPHC groups, and MOST NALFO groups (Walter’s opinion)

5. Ghosts CAN hurt the organizations: 

5. Ghosts CAN hurt the organizations A major point of contention is that the AKAs involved were “ghosts” and therefore the organization can’t be held responsible An EXPERT WITNESS will be able to show that legitimate members not only know about ghosts, but treat them as regular members

What does this mean?: 

What does this mean? Groups can be held liable for ghosts, especially if you can not prove you made an effort to inform students Current members AND campus officials have a duty to: Stay current as to which chapters are active Confront chapters making ghosts Report ghost activities to school and organization Do not acknowledge ghosts as Greeks

The Dangers of Underground Groups: 

The Dangers of Underground Groups Student died at Iona College in December 1999 from alcohol poisoning Was pledging Sigma Tau Omega, a fraternity banned in the mid 1980s for hazing and alcohol abuse Parents filed $38 million suit: $21 million in damages from the college Suit claimed college knew or should have known about the operating of the group, and failed to protect against risks of personal injury and physical harm

Iona’s Steps: 

Iona’s Steps College President that previous August sent letters to students and their parents reminding them that students were “strongly discouraged” from participating with 2 banned fraternities. He indicated “these two groups have been associated with illegal hazing, underage drinking and behavior inimical to student health and safety. They have no place in our community.”

Iona Cleared: 

Iona Cleared In December of 2000, a Brooklyn judge dismissed the $21 million suit against the college

BEST PRACTICES IN 2003: 

BEST PRACTICES IN 2003 What should campus advisors and national organizations be doing

CAMPUS ADVISORS: 

CAMPUS ADVISORS Attend events, ESPECIALLY probate shows Look at artifacts from chapters (displays, websites, etc.) Develop open relationships with chapter officers so that you can challenge questionable documents or actions

CAMPUS ADVISORS (cont.): 

CAMPUS ADVISORS (cont.) Know your students- are there people wearing letters that you don’t know? LISTEN (especially to freshmen) Provide accurate information for parents and new students about the ACTIVE groups on campus Remove any visible artifacts of a suspended/ expelled group

GHOST STORY:: 

GHOST STORY: ASU CASE STUDY Spring 1995 – Fall 2002

History: 

History Alleged illegal initiations as far back as 1995 Homecoming, October 1999 Off campus party rented in name of fraternity by renegade student Appearance at homecoming game in “Nupe” t-shirts Homecoming step show Fraternity hearing, February 2000

Fraternity Decision: 

Fraternity Decision Several students fully initiated were suspended for five years Two students expelled from the fraternity A number of students (approx. 8) were barred from ever being members of the fraternity Chapter suspended until 2005 Campus plot covered

Important Notes: 

Important Notes There was no university hearing. VP at the time was past Regional officer for the fraternity. Decision to allow fraternity to rule. No specific university guidelines prohibiting perpetrating membership, but students did violate policy for conducting membership intake

Spring 2000: 

Spring 2000 Evidence of continued initiation of students into suspended fraternity Letters sent to students by fraternity confirmed to be renegade members Campus wide e-mail sent out to inform students that chapter was suspended Information given to parents during freshman orientation

Underground Culture Development: 

Underground Culture Development Continued operation of fraternity by those not officially members Wore red and white clothing on occasion Had t-shirts with white bunnies Placed car tags with “1911” on the front instead of the letters of the fraternity Called themselves “Nupes” instead of “Kappa Alpha Psi”

Ghost Letter: 

Ghost Letter An administrator received an e-mail from an anonymous student on October 14, 2000 Student used the name “Underground Nupes” at the address “nupesforlife@hotmail.com” Provided a bitter and vulgar insight into the madness related to the underground culture

“We would like to start by saying thank you for your part in suspending the Delta Xi chapter of Kappa Alpha Psi. Now all of the punks who were afraid to pledge don’t exist, and the boys with cards who didn’t agree with what we were doing are now on our side because of the suspension.”: 

“We would like to start by saying thank you for your part in suspending the Delta Xi chapter of Kappa Alpha Psi. Now all of the punks who were afraid to pledge don’t exist, and the boys with cards who didn’t agree with what we were doing are now on our side because of the suspension.”

“Because of you we will be able to pledge twenty or more every semester and we will not be held accountable or can Kappa hold us accountable for that matter neither can the school. So you see you have help(ed) us accomplish our goal faster than we could.”: 

“Because of you we will be able to pledge twenty or more every semester and we will not be held accountable or can Kappa hold us accountable for that matter neither can the school. So you see you have help(ed) us accomplish our goal faster than we could.”

“Until you come to our terms we will continue to make UNDERGROUND NUPES!!!!! DETRIMENTAL D. XI has never been about a charter, or a PLOT, or suspensions- we don’t give a shit about none of that…ITS about real NUPES who earn PHI NU PI. WE DON’T NEED CARDS.”: 

“Until you come to our terms we will continue to make UNDERGROUND NUPES!!!!! DETRIMENTAL D. XI has never been about a charter, or a PLOT, or suspensions- we don’t give a shit about none of that…ITS about real NUPES who earn PHI NU PI. WE DON’T NEED CARDS.”

QUESTION:: 

QUESTION: What kind of student development theory or approach should one use in this situation?

University Response: 

University Response 7 students known to be illegal members were sent a cease and desist letter by me Information about the case was sent out on the NPHC listserve which made it to the Kappa listserve Contacted hotmail to shut address down A campus wide e-mail was sent out to inform students about the ghosts

What To Do?: 

What To Do?

What The Experts Say: 

What The Experts Say Westol, Executive Director, Theta Chi Organization should contact alumni to explain situation Deny institutional recognition to a mutated form of the group Discourage other groups from socializing with group Recolonize on the campus with good people to push outlaw group to the side Crane, Judge Organization should threaten and/or sue for trademark and copyright infringement

Lawsuits : 

Lawsuits 1996- Alpha Phi Alpha sued six people for illegally initiating and pledging students 2002- Kappa Alpha Psi et al, v. Robert Jenkins, et al 21 defendants who are undergraduates and graduates for breach of contract, slander and infringement of the fraternity name and identity Illegal coming out show in April, 2001 Seeks $20 million in compensatory damages, $11 million in punitive damages, fees, costs of litigation, and injunctive relief

ASU Steps: 

ASU Steps Annual campus-wide reminders of suspended groups via e-mail Information at parents orientation sessions Cease and desist letters to known violators Notices in school newspaper Work CLOSELY with headquarters staff and local alumni

Modify Conduct Code: 

Modify Conduct Code Forgery, Dishonesty, Fraudulent Acts and/or Misrepresentation “…Representing one’s self as a member of a fraternity or sorority through then use of letters, paraphernalia, gestures, etc. without being a nationally initiated member who is acknowledged as an official member by documents from the national organization, including membership card and certificate/shingle.”