July 9, 2013 David W. Horning
3811 N Bank Rd NE
Millersport, OH 43046 740.504.9834
Greg Phlegar, Associate Dean of Students and Director Office of Student Conduct & Campus Values [email protected]
RE: Gamma-Xi Board Response to Notice of Charges / Alleged Violation of the Code of Student Conduct
Dean Phlegar,
I am writing on behalf of the Board of Gamma-Xi Alumni Association and House Corporation of Kappa Sigma . Our board is comprised of ten alumni in the central Ohio area. Four of us have been on the board for
over 40 years, another for 30 years, and the rest from two to twelve years.
We are a Board committed to enabling our local chapter to thrive for the benefit of its members, the University and our alumni. We are one of three fraternities on campus that still own our chapter house. For the last 18 years we have enjoyed a successful relationship with Denison through our leasing of dorm space to the University while maintaining our own lodge space. I have worked closely with Seth Patton’s office to maintain the house in top condition for all its occupants while supporting all requests for improvements, often sharing in the expense. Last fall we celebrated our centennial anniversary on the Denison campus and we maintain a close contact with our 900 alumni through monthly e-publications and biannual newsletters.
I have been an assistant alumni advisor approved by the National organization since our chapter’s latest re-colonization in 2010. I regularly attend weekly chapter meetings, participate in officer weekend training sessions (last three years), and regularly communicate with house officers, chairmen such as scholarship chair and our principle Alumni Advisor, Elliot Palmer.
At this writing, the National Fraternity has cleared the chapter of any hazing charges after their investigation and Denison University has done the same. Our Board recently met in June and approved what follows as a way to “clear the air” before moving forward.
Our concerns and issues pertain to the events and charges of hazing leveled against the Kappa Sigma chapter in the last week of February 2013. Let me be clear my Board’s position on hazing. We do not in any way support or condone hazing in any form. We do not secretly lament that some practices have value and are banned. Nor do we have any interest in differentiating between private and public behaviors within the chapter. We have encouraged the chapter to avoid any actions that can be construed as hazing and to educate pledges toward activation in as short a time as possible. As stated in my previous letter, I have personally participated in three officer training retreats in the last three years and have spoken extensively on the topic sharing personal and chapter history going back forty years. You will always find an ally with my board on opposing hazing.
I also want to say up-front that I am not questioning your personal integrity, or good intentions toward your role or the welfare of the students of the university. Nor do I question the integrity or good intentions of the participants from the National Fraternity that put an extreme amount of personal and organizational attention to this situation. That said, I’d like to address several areas about which we, the Board, have concerns.
The Room Search (that initiated the subsequent charges)
We do not dispute the right of Denison security to search student M’s room based on the Area Resident’s report of the odor of marijuana coming from the room. The search of the room for marijuana possession was appropriate based on the report and in keeping with the provisions of the student resident agreement.
We take exception to the continued search of the student’s backpack including the notebook whose contents started the subsequent actions. The small amount of marijuana found was not consistent with a “dealer” and should have ended the search. The confiscated notebook could not have concealed any contraband and didn’t warrant examination. The notebook was also beyond the scope of the search for which student M gave consent.
While Denison as a private institution, doesn’t even have the legal obligation that a public high school has toward the Fourth Amendment on student searches, I think DU has an obligation to the principle of that amendment which we believe has been clearly violated. The amendment stated here;
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Since, Denison’s academic mission is to “educate our students to become independent thinkers and active citizens of a democratic society”, it seems incumbent on Denison to respect the principles of the constitution at the heart of our democratic society.
We maintain to both you and the National Fraternity, that the contents of the notebook should have remained private and it was totally wrong to make them the basis for any further actions. The Board is disappointed in both organizations.
The other inherent problem, when rights are subjugated, is that the end is used to justify the means. We believe student M’s rights were broached and the resultant actions became an attempt to justify the means by finding the needed end, i.e. a chapter guilty of hazing.
Charges and Suspension
Upon initial receipt and after several re-reads of both the supporting security report and charges letter, we are still dismayed at the extent and severity of the suspension actions taken against the chapter. While hazing is a serious offense, there was little evidence that any hazing activities took place and certainly none that had “the potential to result in mental or physical injury, discomfort, embarrassment, harassment or ridicule” as stated in Denison’s policy. Based on the interviews with the pledges, the charges letter particularly calls out that “two pledges confirmed requirements they have bandannas and engage in sleepovers“. The investigation report states that “one pledge confirmed that all pledges slept overnight in an actives room”. There was in fact, no mention of a requirement of a sleepover in the investigation report whatsoever, as the charges letter indicates. Also, no where in the security report is there any mention of evidence of coaching as stated in the charges. As stated, some pledges did receive a text message during their interview, but none looked at the texts. Anyone who spends any time around today’s youth knows the ubiquitous nature of texts.
So without any further investigation, no questioning of any other officers or members, not even an interview with the author of the notebook (which came one day later), the chapter was placed on the severest of suspensions. Card key access to the lodge was immediately terminated without even giving members a chance to retrieve personal items.
Not only were all activities suspended, the administration found the need to erase the reference to the existence of Kappa Sigma on campus from the Denison Website normally found under the Interfraternity Council page. Then the chapter’s suspension was publically posted on the Chapter Statuses page of the site. Its too bad that page is never used to site positive statuses. It is also too bad that a statement that the fraternity was cleared of charges was also not posted at the conclusion of the suspension.
Our chapter has had charges put before it in the past, and while they involved suspension of social activities, they still allowed for the holding of weekly supervised chapter meetings. There has never been a requirement that the chapter immediately vacate positions on inter-fraternity council or be removed as a recognized organization on campus. There are no actions left that are more severe except for the removal of the fraternity’s charter. Was this really necessary? The Student Code of Conduct p.7, specifies suspension based on;
(a) to ensure the safety and well-being of members of the Denison University community; (b) to ensure the student’s own physical or emotional safety and well-being; (c) if the student poses a threat of disruption of or interference with the normal operations of the college; or (d) when a felonious act has been committed.
We maintain the suspension response was excessive and inappropriate based on the investigation. Hazing is not a felony and there was no evidence or grounds for assuming physical or emotional safety issues. In fact preventing the chapter from meeting was probably more risky by limiting the guidance of the members’ response to the charges. The suspension has served more to demonstrate punishment on the assumption of guilt.
We think Denison needs to take a hard look at its practices. There is much more to be gained by treating individuals and groups fairly and respectfully without the heavy handedness shown in this case. The Board is deeply distressed because despite Dension’s claims of support for Greek organizations, the chapter is once again on the receiving end of actions that are harassing if not hostile.
The Unauthorized Search of The Chapter Lodge Space
As documented in a second investigation report from 2/27/13, the chapter lodge space was broken into twice on the same evening that the charges were filed. In both cases the interior alarm had sounded and there was evidence of the exterior metal grates and basement windows being disturbed, although no intruders were seen. After the house was secured with the help of physical plant staff, the officers contacted Security Chief Garret Moore and the Vice President for Student Development for approval to search the entire lodge including a locked closet in the billiards room. Permission was granted.
The justification for the request was, “We were trying to determine what the unknown person(s) was trying to access by going to such extremes to gain entry into the lodge”.(incident report 2/27/13)
For the record, it should be noted that the house has had many break-ins over the years, the most recent being about 2-3 weeks prior to this incident. In fact, Garret Moore had met with the chapter president Kevin Naud at that time when Kevin requested that the metal grates over the window wells be secured, to protect the very windows in question. Kevin has yet to hear back from Chief Moore regarding the previous break-in and there was no mention of that break-in in the investigation report.
Since the lodge space is normally occupied in the evenings when actives normally study and do laundry, it is likely that the lodge was a target for a break-in that night simply because it was empty rather than because is was the repository of some secret evidence.
In any event, the locked closet in the lodge space was broken into by security staff and several private Kappa Sigma ceremonial items were removed and taken to Chief Moore’s office.
The Kappa Sigma building is one of three fraternity houses on campus that is owned by an alumni house corporation and for which portions are rented back to the University. The lodge space common area has been regarded in the past as permitted searchable space and no one has ever questioned that. The private locked closet space however, is the private property of the Gamma-Xi House Corporation.
The Sigma Chi house has similar locked spaces and their board also maintains the right to privacy. In a separate matter in their house, the University did contact the designated house corp. representative for permission to search. As Board president on file in the Finance Office, I was never contacted for permission to search
We want to state for the record that the Gamma-Xi Board does not recognize Chief Moore, Vice President Kennedy or other Denison official’s authority to search private spaces within the Kappa Sigma Lodge.
We would like to formally request in writing an agreement on Denison’s part that no such entry will be made in the future without the prior consent of the House Corporation.
The Board has felt strongly enough to seek legal advice on this matter and have attached a letter from our attorney giving his legal opinion. We are offering it not as a threat, but as an objective support of the Board’s belief that Denison “crossed the line” in this matter.
Moving Forward
This latest turn of events has basically destroyed the second semester for the chapter. It should never have happened. I have a stack of scholarship awards in the corner of my study that I never had the opportunity to present. Our newest slate of officers who were just getting situated in their new roles have seen their aspirations shelved while the powers at-be decide their fate. I for one am impressed with their leadership and poise and look forward to them getting their chapter back into action.
In closing, we offer not just criticism but our commitment to working honestly and cooperatively with the Denison Administration in the future. We are aware of the challenges of a University environment where individual actions can clash with group goals.
While the chapter has been found innocent of hazing charges, it has been found to be deficient in several areas. We are prepared to work with the chapter to make needed improvements. We also recognize that our chapter changes every year as seasoned members leave and new ones join. That requires a degree of guidance on the part of alumni advisors and National staff.
What makes it worthwhile is that we continue to see quality leaders and members at Kappa Sigma that deserve the chance to shape their own lives including working through various choices and occasionally making mistakes.
Sincerely,
David Horning ’72, President Gamma-Xi Alumni Association of Kappa Sigma
cc: Gamma-Xi Alumni Association Board of Directors
Mitchell B. Wilson, Executive Director Kappa Sigma Fraternity
Michae| M. PaImer, Trustee
Toby H. Taylor, District Grand Master-Ohio
Daniel Tierney, Assistant District Grand Master
Matthew Charnas, Assistant District Grand Master
Elliot J. Palmer, Alumnus Advisor
Douglas J. Kaiser, Assistant Alumnus Advisor/GP
Laurel Kennedy, Vice President Student Development
Aimee Maczko, Associate Director, Campus Leadership & Involvement
Kevin J. Naud, Grand Master, Gamma-Xi, Denison University
Alex R. Wood, Grand Procurator
James H. Held Jr., Grand Master of Ceremonies
Grant A. Veltman, Grand Scribe
Hunter T. Hughes, Grand Treasurer