Update on alumni lawsuits and request for investigation of criminal coercion v Colgate University
The Alumni Corporation of the Beta Theta Chaper of Beta Theta Pi v Colgate University
Phi Delta Theta Alumni Association v Colgate University
Mu of DKE Foundation v Colgate University
Plaintiffs Consent & Approval Form
Phi Delta Theta Alumni Association v Colgate University
Update on lawsuits v Colgate
Update on lawsuits v Colgate
2/16/06
Alumni of Beta Theta Pi v Colgate: The
case was originally dismissed because three plaintiffs were not Beta members.
That was remedied with more than enough new plaintiffs.
Colgate's motion to dismiss the Beta case was argued on Feb. 14. Attorney
Kevin Hulslander felt the judge understood the arguments about coercion.
Notes Hulslander, " How can a Board act in good faith when it has
a gun to its head? If Colgate was so fair in its negotiation of the sale,
then why did they have to use its power over the students to essentially
force the sale of the house?"
The Beta case is slightly different from that filed on behalf of Phi Delt
plaintiffs; it makes the stronger case for coercion. We are optimistic
that we can get to the discovery phase.
Alumni of Phi Delta Theta v Colgate - Judge William O'Brien
in the NY State Supreme Court, Madison County, dismissed the case. The
attorneys believe there is a legitimate reason for appeal and we are planning
to do so. We'll see what happens with the Beta case. The case may be re-filed
with more information related to coercion.
DKE undergraduates v Colgate - This was heard by a new
judge in Madison County, Judge McDermott. Tom Wince, the attorney for
both DKE undergrads and alumni was very encouraged in that the judge seemed
to understand very clearly the issues around the land grab and arbitrary
discipline of the DKE undergrads. He declined to accept Colgate's motion
to dismiss and said he would spend more time studying the issue.
Mu of DKE vs. Colgate - This next phase of this case was heard
today. The judge declined to rule from the bench, asked lots of questions,
and agreed to allow Wince a 30-day period to respond in writing to some
of the judge's questions related to anti-trust violations creating a monopoly
on housing in Hamilton. Colgate will have 30 days to respond. Perhaps
we'll have an answer before the end of April.
11/14/05
Subject: update on lawsuits v Colgate
Alumni of Phi Delta Theta and Beta Theta Pi have filed separate complaints
in U.S. Supreme Court, State of New York, County of Madison, alleging
that Colgate University acted improperly when it forced the Chapters to
sell their private property to the college under threats of economic duress.
In the Phi Delt case, Colgate offered a motion to dismiss the charges.
The judge has "reserved judgment." We take this as a good sign
that he did not agree with Colgate and wants to consider the matter further.
There is no timetable for his decision, but he knows this has become a
high profile case; Colgate had a large contingent present for the hearing.
Until the judge rules on the next step, the Beta Theta Pi lawsuit and
derivative lawsuits by Theta Chi and Delta Upsilon alumni are in a holding
pattern.
As for the case of Delta Kappa Epsilon, filed in the US District Court,
Northern District of NY, Colgate filed a motion for summary judgment.
DKE has until December 12 to respond. It has retained a nationally recognized
economist to rebut Colgate’s expert as well as a nationally recognized
anti-trust expert to assist with the anti-trust defense. Colgate’s
reply to DKE’s response is due in January. The Court will likely
rule on the motion by early spring. If a trial goes forward, it likely
will occur in December ’06. Three depositions have been completed
and numerous documents raising serious questions have been provided but
cannot be released because of confidentiality purposes.
Additionally, DKE undergraduates have filed a lawsuit in the NY Supreme
Court, County of Madison. The primary complaint is that, while all DKE
undergraduates are now living in University-owned housing, as was the
college's requirement for controlling the Chapters, DKE has been banned.
Colgate's written policies do not specifically require the sale of private
property to receive or retain recognition. Colgate must address the lawsuit
by early December and an oral argument over the issue will likely occur
in January ’06.
Finally, a request has been made
of the Madison County District Attorney to investigate Colgate's actions
on the grounds of criminal coercion and present that information for consideration
by a grand jury. Although the D.A. indicated that DKE’s complaint
was an unconventional application of the criminal statute, he understood
the issue that DKE and other fraternities felt coerced into selling their
properties.
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