Fraternity and Sorority Guidelines

I. Relationship between the University of San Diego and USD General Fraternities and Sororities.

II. Guidelines for Fraternity/Sorority Activities

III. Responsibilities of Chapter Officers

Chapter officers shall be responsible for ensuring that chapter members adhere to: all governing principles of the Interfraternity or Panhellenic Councils; all policies, procedures and directives promulgated by the University of San Diego; and all local, state, and federal laws regarding fraternity or sorority activities. The chapter president shall have the duty to inform chapter members of these regulations. Annually, as part of the Greek organization registration process, each fraternity officer will sign a statement agreeing that he/she has received a copy of "The University Relationship and Guidelines for General Fraternities and Sororities," and a copy of the signed statement will be filed with the Student Leadership, Involvement, and Changemaking area.
Chapter officers shall be held accountable for organized chapter activities. Examples of such activities include but are not limited to: recruitment activities, initiation rites, philanthropic events, sports competitions, and parties.
Although all members are personally responsible for their own behavior, a specific chapter officer may be held personally accountable for the misconduct of chapter members during organized chapter activities. Circumstances that might warrant this personal responsibility include but are not limited to:
1. Inappropriate and/or unacceptable activities which are sanctioned by the chapter by means of discussion and/or planning at a chapter meeting, officers' meeting, or committee meeting.
2. An officer's personal participation in such an activity.
3. An officer's failure to act appropriately upon witnessing such an activity.
4. An officer's failure to act appropriately in preventing such an activity when he/she had prior knowledge.
5. An officer's failure to act appropriately in taking corrective action after learning of such an activity.
6. An officer's negligence in his/her responsibility to educate the group regarding established laws, regulations, policies, directives, and procedures.
7. An officer's failure to cooperate fully with law enforcement personnel or with University officials, including failure to identify chapter members known by the officer to be involved in an incident.

IV. Governance

V. Revision and Review

Appendix A: Fraternity/Sorority Life Standards Board (FSLSB)

Jurisdiction

The Assistant Vice President, Student Affairs has designated the Director of Community and Leadership Development to receive complaints regarding fraternities and sororities and their members' behavior. These complaints may come from other fraternities/sororities, University offices, faculty, staff, students, and the community. The Panhellenic and Interfraternity Councils have jurisdiction over all member groups ("organizations" or "fraternities/sororities") to enforce Panhellenic Council policy, Interfraternity Council policy, Fraternity/Sorority Guidelines, and University policies, rules and regulations. The Panhellenic Council and Interfraternity Council have individual jurisdiction over their respective areas in enforcement of rules regarding membership selection/recruitment. In some cases, the Fraternity/Sorority Life Standards Board (FSLSB) may hear recruitment violations that are also a violation of the Student Code of Rights & Responsibilities ("The Code") or the Fraternity/Sorority Guidelines (FSG).

All University disciplinary actions against individual members will be referred to the Assistant Dean of Students or his/her designee. All organization incidents, investigations, referrals, and hearing outcomes are at the discretion of the Assistant Vice President, Student Affairs. When classes are not in session, the Assistant Vice President, Student Affairs may direct that matters be handled administratively.

FSLSB hearings will be conducted through hearing boards comprised of six student representatives from the FSLSB and a faculty/staff representative from the University's trained hearing board pool (the "Hearing Board"). FSLSB hearings are administrative in nature and are governed by the procedures set forth in this Appendix A. FSLSB hearings are not trials and are not governed by the rules of procedure and evidence typically used in a court of law.

Receipt of Complaints

Allegations of misconduct involving fraternities/sororities and/or their members shall be submitted in writing to the Community and Leadership Development and shall contain, to the extent possible, the following information: (1) the name of the organization(s) and/or individual(s) involved in the alleged misconduct, (2) the date and time of the alleged misconduct, (3) the location of the alleged misconduct, (4) a description of the alleged misconduct, (5) the complainant's firsthand knowledge of the alleged misconduct, and (6) the name(s) of any witnesses to the alleged misconduct.

When the circumstances warrant, the Community and Leadership Development may determine that the identity of a complainant will not be disclosed to the FSLSB, to the Hearing Board considering the complaint, or to the organization(s)/individual(s) involved in the complaint. The identity of the complainant may be shared with other University officials as needed to enable those officials to perform their responsibilities. Anonymous reporting is available via the Department of Public Safety website, https://www.sandiego.edu/safety/hate-crimes/anonymous.php.

When an allegation of misconduct is made against a fraternity/sorority and/or a member, the Community and Leadership Development and the Panhellenic Council and Interfraternity Council Presidents shall determine whether FSLSB procedures apply or if the allegation should be referred to the Assistant Dean of Students or his/her designee. Charges of misconduct by individuals will normally be referred to the Assistant Dean of Students or his/her designee. Student conduct procedures under The Code may run before, after, or concurrently with an FSLSB hearing; one type of disciplinary action does not necessarily affect the other. Sorority/fraternity misconduct need not be officially sanctioned by the entire membership in order to be considered grounds for possible disciplinary action against a chapter. The misconduct of a single member may provide sufficient grounds for action against the entire sorority or fraternity, so long as it is related to, or impacts, the chapter.

Investigation and Referral to a Fraternity/Sorority Standards Hearing Board

Once it is determined that a complaint is subject to the FSLSB procedures, the decision as to whether a complaint should be referred to an FSLSB Hearing Board for possible action against a chapter is made by the Presidents jointly and in consultation with the Director of Community and Leadership Development.

Before a complaint is referred to a Hearing Board, the Presidents and the Director of Community and Leadership Development will conduct an initial investigation regarding the complaint. The investigation may include but is not limited to a review of related documents, interviews, or requests for written statements from any person involved in the alleged incident. Following the initial investigation, an official representative of the organization (typically the President) and the chapter advisor will meet to discuss the allegations with the Presidents and the Director of Community and Leadership Development. If the Presidents jointly conclude that the issue can be resolved within the chapter, the Presidents will work with the appropriate chapter president(s) to determine an informal resolution and the case will be closed.

In order for a case to be referred to a Hearing Board, the Presidents must jointly determine that there is sufficient information to believe that a policy violation may have occurred and that the alleged group may be responsible. If the Presidents also jointly conclude that a hearing is in the best interest of the fraternity/sorority community, they may refer a case to a Hearing Board for either a full hearing or an expedited hearing, even when the complainant desires that no disciplinary action be taken. All stages of the FSLSB proceedings are subject to review and approval by the Assistant Vice President, Student Affairs or his/her designee.

Actions taken or pending by an organization's own internal discipline body, the (inter)national office of the organizations, or through the court system will not necessarily affect the determination of whether or not a case is referred to a Hearing Board or to the Assistant Dean of Students or his/her designee.

An organization may be subject to disciplinary action through the FSLSB concurrent with or in addition to any criminal or civil sanctions pursued through the court system. Similarly, individual members of a fraternity/sorority may be subject to disciplinary action under The Code before, after, or concurrent with any FSLSB action against the organization.

Interim Measures

Prior to investigation and resolution, the Assistant Vice President, Student Affairs or his/her designee may in his or her discretion place interim measures on an organization and/or individual to protect the health and safety of students and/or the community or otherwise where the circumstances warrant such interim measures. These restrictions may include but are not limited to, removal of privileges or suspension of activity.

Role of the Panhellenic Council and Interfraternity Council Presidents

The responsibilities of the Panhellenic Council President and the Interfraternity Council President, as they pertain to complaints regarding organizations, are: (1) To participate with the Director of Community and Leadership Development in the investigation of incidents of alleged misconduct, (2) To determine whether a case is to be referred to a FSLSB Hearing Board, (3) To prepare a written report to the Hearing Board identifying the facts found during and the results of the preliminary investigation, (4) To manage cases for follow-up discussion and informal resolution, and (5) To serve as an ex-officio, non-voting, member of the FSLSB Hearing Boards.

Role of the Director of Community and Leadership Development

The responsibilities of the Director of Community and Leadership Development, as they pertain to complaints regarding organizations are: (1) To ensure that all organizations are informed of relevant Panhellenic Council and Interfraternity Council policies, Fraternity/Sorority Guidelines, University policies, regulations and expectations, and applicable local, state and federal laws, (2) To oversee, provide advice regarding, and/or participate in the investigation of all complaints regarding fraternity/sorority organizations, (3) To assist with the resolution of disciplinary problems, (4) To assist and advise the Panhellenic Council and Interfraternity Council Presidents with their responsibilities, (5) To assist and/or consult with other University officials in the response to a complaint involving a fraternity/sorority, including but not limited to representatives from the Department of Public Safety, Office of Residential Life and the Office of Student Affairs, (6) To perform other duties as assigned by the Assistant Vice President, Student Affairs.

Role of the Assistant Director of Fraternity and Sorority Life

The responsibilities of the Assistant Director of Fraternity and Sorority Life: (1) To ensure that all organizations are informed of relevant Panhellenic Council and Interfraternity Council policies, University regulations and expectations, and applicable local, state and federal laws, (2) To assist and advise the Panhellenic Council President and Interfraternity Council President with their responsibilities, (3) To serve as the Advisor to the Fraternity/Sorority Life Standards Hearing Board, (4) To see that appropriate records are maintained for the Office of Student Affairs, including hearing referrals and the decisions of Hearing Boards to include violations for which the organization was found responsible, and the evidence supporting the decision, and the recommended sanction, (5) To refer individual members to the Office of Ethical Development and Restorative Practices for possible conduct violations uncovered in the hearing process, (6) To coordinate arrangements for hearings, and (7) To perform other duties as assigned by the Assistant Vice President, Student Affairs.

Role of the Assistant Vice President, Student Affairs

The Assistant Vice President, Student Affairs or his/her designee has the authority to review all actions of the FSLSB and, where necessary, direct that further action be taken. The Assistant Vice President, Student Affairs or his/her designee also serves as the final avenue of appeal.

Role of the Assistant Dean of Students

The responsibilities of the Assistant Dean of Students, as they pertain to complaints regarding fraternity/sorority organizations are: (1) To serve as the Advisor to the Fraternity/Sorority Life Standards Board in the absence of the Assistant Director of Fraternity and Sorority Life or his/her designee, (2) To receive complaints against individual students identified in connection with a complaint against or involving a fraternity/sorority organization, and (3) To coordinate training and to provide advice on conduct best practices.

All University disciplinary action against individual members will be referred to the Assistant Dean of Students or his/her designee for action pursuant to The Code.

Role/Purpose of the Fraternity/Sorority Life Standards Board

The FSLSB is designated to handle complaints against fraternity/sorority organizations. Conduct cases against individual students are referred to the Assistant Dean of Students or his/her designee. FSLSB hearings are administrative in nature and governed by the procedures set forth in this Appendix A. FSLSB hearings are not trials and are not governed by the rules of procedure and evidence typically used in a court of law.

Structure of the Fraternity/Sorority Life Standards Board

The FSLSB shall be composed of student and faculty/staff voting members, with the students slated by IFC and Panhellenic and trained by the University. Applications for the Standards Board will be open to all organizations on Panhellenic Council and IFC. Each organization will have one representative able to serve on the FSLSB. Additionally, organizations may have an alternate representative trained to serve on the FSLSB. The term of service will be September – May.

Once the members of the FSLSB are selected, a training session will take place to review their responsibilities, applicable procedures, and other information pertinent to their role on the FSLSB.

FSLSB Hearing Boards

FSLSB hearings are conducted through FSLSB Hearing Boards. The student members of a Hearing Board to consider a particular complaint will be selected from among the members of the FSLSB. The Hearing Board shall consist of six student representatives (three representatives from fraternities and three representatives from sororities/women's fraternities), and one faculty/staff member from the trained University hearing board pool. The Panhellenic and IFC Presidents will be ex-officio, non-voting members of the Hearing Board. The Assistant Director of Fraternity and Sorority Life will serve as the Advisor to the Hearing Board, and he/she will be required to be in attendance at all informal conferences and hearings. The Hearing Board will be convened by the Director of Community and Leadership Development who will select and convene the hearing board members in a specific case.

No FSLSB member may serve on a Hearing Board that is considering a case in which his or her own organization is either the complainant or the accused. All Hearing Board decisions require a majority vote of the voting members of the Hearing Board.

Specifically, a Hearing Board will:

Review all evidence available to it.
Mediate disagreement inside the fraternity and sorority community as well as between the community and fraternity/sorority organizations.
Determine responsibility based on evidence of a violation of Panhellenic and Interfraternity Council Constitutions, fraternity/sorority policies or regulations, and/or any provision of The Code.
Recommend appropriate sanctions or penalties when an organization is found responsible for a violation.

The Hearing Board will evaluate complaints and determine whether or not an organization is responsible for a violation using a "preponderance of evidence" standard. Hearing Board members must consider all evidence properly before them. In so doing, it is their responsibility to objectively consider, evaluate and weigh the evidence, and to determine whether it is more likely than not that a violation occurred.

In instances where chapters assume responsibility for the alleged violation(s), an expedited process may be used. An expedited process must be agreed to by the chapter, the Director of Community and Leadership Development and the Panhellenic Council and Interfraternity Presidents. This process permits the Hearing Board to meet with the chapter representatives and determine appropriate sanctions.

Witnesses

The Hearing Board has the authority to require members of organizations to appear as witnesses. A member should be served with a notice to appear at least 48 hours before the scheduled hearing. If a member fails to appear without an adequate reason and prior notice, the Hearing Board may levy a fine up to $100 against the chapter for purpose to be determined by the hearing board.

Faculty/staff members, students who are not members of fraternity/sorority organizations, and others may be requested to appear as witnesses at hearings.

Although witnesses are not placed under oath during hearing, every witness is expected to speak the truth. If it is determined that a fraternity/sorority organization or one of its members clearly and deliberately lied to a Hearing Board, the Hearing Board shall take disciplinary action against the organization, and the individual may be referred to the Assistant Dean of Students or his/her designee.

Hearing Board Decisions

Responsibility must be established using a "preponderance of evidence" standard. This standard requires a determination by the Hearing Board that the violation(s) more likely than not occurred.

A decision of a Hearing Board must be by majority vote of the voting members of the Hearing Board and must be based upon evidence presented during or in connection with the hearing.

The Hearing Board's decision will be in writing. The written decision should briefly describe the outcome of the hearing, whether or not the organization was found responsible for an alleged violation(s), the basis for the decision, the violation(s) (if any), the sanctions recommended (if any), and notice of the right to appeal any decision, including sanctions, to the Assistant Vice President, Student Affairs or his/her designee.

A copy of the written decision shall be given to the accused fraternity/sorority organization, the Assistant Vice President, Student Affairs, the Director of Community and Leadership Development, the Panhellenic Council President, the Interfraternity Council President, and the organization's alumnae/alumni advisor. At the discretion of the Assistant Vice President for Student Affairs, a copy of the decision may be mailed to the (inter)national headquarters of the organization. A copy will be retained in the Chapter Discipline file.

Chapter Rights

A chapter has the right to:

A timely hearing before a FSLSB Hearing Board.
Receive written notice via email of all alleged violations and the time of the scheduled hearing. This will be sent to the chapter president as the spokesperson with 5 business days notice.
Examine all evidence at the time of the hearing and hear all testimony presented.
Have an alumni/alumnae advisor present at the hearing, as observer.
Have its executive board present at the hearing, as observers.
Respond to the complaint.
A decision based on the evidence presented and supported by a "preponderance of the evidence".
Receive timely, written notification of the results of the hearing.
An appellate review, as outlined below.

Appeal Process

Any Hearing Board decision may be appealed by the accused fraternity/sorority organization to the Assistant Vice President for Student Affairs or his/her designee. To be considered, the appeal must be delivered in writing to the Assistant Vice President for Student Affairs within five business days of notification of the Hearing Board's decision.

In its written appeal, the organization must state one or more of the following grounds for its appeal, and all discussion during the appeal must relate to these grounds:

There is significant new evidence
Violation of process

On appeal, the Assistant Vice President, Student Affairs or his/her designee may reverse, modify or sustain the Hearing Board's actions or refer a case back to the Hearing Board. The Assistant Vice President, Student Affairs or his/her designee will notify the fraternity/sorority organization in writing of his/her decision on the appeal. The decision of the Assistant Vice President, Student Affairs or his/her designee is final.

Sanctions

Where a fraternity/sorority organization is found responsible for a violation, the Hearing Board has the authority to impose appropriate sanctions, including but not limited to any one or a combination of the following sanctions:

A warning.
Probation, defined as a period of time, not to exceed one year, during which an organization is ordered to conform to all established policies and regulation, with the consequences of misconduct during the probationary period specified in advance.
Monetary fines.
Educational sanction, with the Hearing Board determining the requirements of the program(s) and assigning responsibilities for cost, planning, etc. to the organization.
Suspension of specific Panhellenic or Interfraternity Council privileges such as Chapter social events, recruitment, intramural sports, Council sponsored social functions, etc., for a definite period of time.
A membership review.
Suspension from the Panhellenic or Interfraternity Council involving exclusion for all privileges of membership for a definite period.
Dismissal, involving exclusion from all privileges of membership for an indefinite period.
Expulsion from Panhellenic or Interfraternity Council, involving final exclusion from the privileges of membership.
Financial or other restitution for property damage or physical injury.
Letter to the national or international office of the organization.

It is the policy of the University of San Diego Associated Students to revoke the registration status of any organization dismissed or expelled from the Panhellenic or Interfraternity Council. If an organization is expelled from the Panhellenic or Interfraternity Council, the University will request that the (inter)national officers revoke the Chapter's Charter.

Discipline Records & Notice

A member of the Hearing Board shall be designated to take notes at all hearings. These notes shall include a copy of the original complaint, a copy of all written documentation pertaining to the case, the date and location of the hearing, a list of all witnesses who appeared at the hearing with a brief summary of the testimony of each, a copy of all notices to appear that were sent out, and a copy of the decision.

Minutes of all Hearing Board hearings shall be maintained in Maxient, the University's conduct record keeping system. Notice for all hearings shall be sent to the chapter president and the chapter advisor in accordance with The Code. When deemed necessary, the (inter)national organization may also be notified.

Appendix B: Community Standards Adopted by IFC and Panhellenic, Fall 2010