Mu of DKE vs Colgate University 03/29/05
Mu of DKE vs Colgate University Answer to 2nd Amended Complaint 4/12/05
Mu of DKE vs Colgate University memorandum for relief 04/20/05
Mu of DKE vs Colgate University Supreme Ct Appeal Brief 10/10/06
Mu of DKE Foundation vs Colgate University
Attorneys for DKE attempted again in August 2005 to enter into negotiations with Colgate regarding a reasonable sale agreement on the DKE house. Colgate refused.
In September 2005, the lawsuit by Delta Kappa Epsilon against Colgate University was in the discovery stage. Following Colgate's motion to dismiss, the Supreme Court made an unusual allowance, permitting attorneys for Mu of DKE to file an appeal brief.
DKE alumni leadership again offered to negotiate an agreement to sell the house but retain the Temple-Library. The offer included a requirement that “just cause” be established by neutral third parties as a condition of eliminating the chapter, that mandatory, binding arbitration be conducted as part of the due process regarding banning the chapter, and that compensation be awarded for the “good will” of the contributions to Colgate by the 150+ year-old fraternal organization. At every stage, the offers were rebuffed and denied.
Colgate has banned the DKE chapter. The undergraduates are living in college-owned housing and are denied the right to free assembly as fraternity brothers. The DKE house is forbidden territory.
Lawsuits by DKE undergraduates and another by DKE alumni have been heard by Judge McDermott in the NY State Supreme Court. No decisions were made from the bench. The judge has granted the attorney for both groups of plaintiffs, 30 days to present a written analysis of the arguments in another anti-trust violation case, on which Colgate University bases its defense. Colgate attorneys will have 30 days to respond. A decision may be known in late April 2006.
Contributions to the Mu of DKE Foundation may be sent c/o John Wilson, 5740 Lake Island Dr., Atlanta, GA 30327.