Letters
The Honorable Eliot Spitzer
Attorney General
State of New York
The Capitol
Albany, New York 12224-0341
February 8, 2005
Dear Mr. Spitzer:
I am an alumnus of Colgate University, and a member of Beta Theta Chapter of Beta Theta Pi fraternity, duly chartered for operations at Colgate University for 100 years and more, owners of valuable property adjacent the University’s holdings on Broad Street, with direct access to the campus. The University has relied upon this and other fraternity and sorority holdings for these years to house a substantial proportion of the undergraduate population, while avoiding capital expenditures for alternative University owned housing.
Now, faced with a housing shortage, the University has elected
to force the fraternities and sororities to sell their holdings to provide
undergraduate housing in the same market, grounded upon specious reasoning
grounded in parietal factors, that such a reorganization would favor a
more constructive University community.
.
The truth is more succinctly stated by David Hale, Financial Vice President,
Colgate University, June 22,2004: “ Organizations that choose to
retain ownership will no longer be residential and accordingly will not
be recognized by Colgate after June 2005. In this regard, we are aware
that there are ideas of houses Functioning as eating clubs or even continuing
as underground, unrecognized fraternities. Everyone should understand
that the University will not permit this and will adopt a policy that
any student who participates in an unrecognized fraternity or sorority
will be subject to disciplinary actions including, possibly, suspension
or expulsion.” Enough said.
I have earlier addressed this matter to your attention, by copy of my letter to Mr. John Golden; in the interim, under the pressure of the University, seven fraternities have agreed provisionally to sell their properties to the University; the harm to competition in the housing market at Colgate is imminent; nor is this conveniently a question of parietal rights alone, as it involves realty uniquely situated relative to the academic campus- real economic values are the subject of a monopolistic taking, which, without your intervention, may likely achieve fruition.
You have the power to make inquiry respecting the actions of the University in contravention of its charter in the public interest. I submit you have the responsibility to at least initiate an appropriate inquiry to establish whether unlawful activity within your jurisdiction, and on notice, is being perpetrated. I encourage you to reach out to another not insignificant element of the body politic, to demonstrate that the reach of New York law applies to all institutions subject to the laws of the State.
Not all violations of law are flouted in the public view, but those, which are pursued under the shadow of protection, afforded by a privileged status – here under the monk’s hood of academia – have no right to remain unexamined, lest the wrongs perpetrated by their arrogance reach fruition in fact. Your public awaits your deliberate action, with appreciation for your considered involvement.
Sincerely yours,
Stephen D. Murphy
Two Elmwood Court
Hilton Head Island
South Carolina 29926
Mr. John Golden
Mr. Eric Will – via E-mail