Colgate University sued by fraternity
Thursday, July 21, 2005
By Sapna Kollali
Staff writer
Colgate University threatened to suspend or expel members of a fraternity if they did not agree to sell their house, according to a lawsuit filed Wednesday in state Supreme Court.
About 65 members of the Phi Delta Theta Corp. are suing Colgate over the Madison County school's efforts to buy all Greek housing and bring it under university control. It is the second suit brought by a fraternity against the college this year.
Phi Delta Theta wants to rescind the sale of its chapter house, at 114 Broad St., because the Hamilton university negotiated in "bad faith" and for breach of contract, according to documents filed with the state Supreme Court in Madison County.
In addition to threatening expulsion and suspension, the Colgate chapter of Phi Delt charges the university "withheld material facts" in order to encourage members to approve the sale agreement.
"Colgate did not provide fraternity members with any choice whatsoever at the time of the vote in April. The members were under the impression that if they voted no, they would have no members," said the fraternity's lawyer Kevin Hulslander, of Syracuse.
Colgate lawyer Edward Conan said he is aware the suit was filed Wednesday, but said he had not yet read it and could not comment.
University President Rebecca Chopp was unavailable for comment Wednesday afternoon.
Colgate spokesman Charlie Melichar said he had just received the paperwork and could not yet comment specifically on the suit. He said, however, that the university is going ahead with its plan to take over Greek housing, the plan that sparked both suits. He also noted that the Phi Delt suit was filed by a subgroup of the entire fraternity membership. Hulslander said at least 5 percent of members had to sign on to file.
"This is not the entire fraternity," Melichar said. "The (full) alumni board reviewed the suit and decided not to join and proceeded to transfer the house."
Bruce Clayton, president of the Phi Delt alumni board, could not be reached Wednesday.
The Phi Delt house sale, completed May 31, was part of Colgate's Vision for Residential Education plan announced in 2003. The plan calls for, among other things, Colgate to buy and run all 11 fraternity and sorority houses near campus. The university wants to upgrade the houses and strengthen the Greek system, officials have said, by eliminating underage drinking and other problems.
Seven chapters sold their houses to Colgate and one inactive fraternity donated its house. Phi Delt officials asked a Colgate alumni group to contact several of the Greek houses that sold their properties about joining the suit, Hulslander said.
"We're hopeful others will be involved," he said, "but we'll do it alone if we have to."
Three chapters have not yet sold their houses. One of them, Delta Kappa Epsilon, filed suit in March in federal court, charging the university with violating anti-trust and First Amendment laws. The DKE suit claims the university is trying to eliminate the Greek system.
DKE will not be recognized by the administration this fall, Melichar said, meaning its activities will be restricted. There will be 10 recognized Greek organizations, including three without houses, he said.
For now, Phi Delta Theta is on the recognition list. In addition to coercion charges, Phi Delt's suit claims Colgate broke a contract with Greek organizations. The fraternity's suit says that after Colgate made initial purchase offers, officials sent letters to chapters stating those that did not sell their houses would not be recognized and would not be allowed to recruit Colgate students as members.
According to court documents, a June 2004 letter from Financial Vice President David Hale states, "...any student who participates in an unrecognized fraternity or sorority will be subject to disciplinary sanctions, including, possibly, suspension or expulsion."
But also in court paperwork is an April letter to the editor published in the university's student newspaper in which Dean of the College Adam Weinberg wrote: "Members of unrecognized fraternities and sororities will not be stopped from associating and gathering. Members of those organizations will continue to be recognized as brothers and sisters and will be treated the same way as every other student."
Weinberg's letter also states unrecognized chapters will not be able to recruit new members, according to court papers.
"At the time of the vote, it was too late to know the university had retracted its threat," Hulslander said. "Because of the sale, the university now controls the operation of the house and fraternity, and they have made no promises at all that the fraternity will continue to exist."
Phi Delt also charges the university with breach of contract, arguing it broke a school policy that gives Greek chapters the right to assemble, recruit new members, access university facilities and operate in a "specific building as a recognized chapter."
"Nothing in the (policy) requires Greek-letter organizations to have chapter houses to maintain recognition and the University reserved no right to withdraw recognition for failure to sell the University a chapter house."
© 2005 The Post-Standard. Used with permission.
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