On two separate occasions (August 21, 2014 & September
6, 2014), the Phi Kappa Theta Fraternity hosted parties at an off campus residence. At those events hard alcohol, beer (in kegs), and wine were available
and provided without control or monitoring. During both of these events
brothers of Phi Kappa Theta sang a drinking song to other members that
encouraged them to consume large quantities of alcohol. The lyrics to the song
included a chant “He’s gay, he’s gay, he’s gay as fuck”.
Information about the first incident was forwarded
anonymously to Lehigh University’s Office of Student Conduct and Community
Standards. Information about the second
incident was reported to the Office of Student Conduct and Community
Expectations by the Lehigh University Police Department. Upon receiving this information, Lehigh
University conducted an investigation into these incidents.
Phi Kappa Theta met
with Assistant Dean of Students Chris Mulvhill on Friday, September 25th for a
pre-hearing conference and have been
charged with the following Code of Conduct violations:
Respect for Others
(General): Lehigh University expects that all students will act in a civil
manner that reflects maturity, social responsibility, and respect towards
others and the Lehigh Community.
Basis of Charge: The actions of the organization and its members
failed to reflect social responsibility in that they did not monitor the
alcohol at their party in regards to access by those under 21 or those who may
have been intoxicated. Additionally, the organization and its members
encouraged attendees to consume large quantities of alcohol, and used language
that showed a lack of respect to members of the University community.
Respect for Others
B1 (Harassment): Violation of the Lehigh University Policy on Harassment.
Basis of Charge: The Lehigh University Harassment Policy prohibits
discrimination based on age, color, disability, gender identity or expression,
genetic information, marital or familial status, national or ethnic origin,
race, religion, sex, sexual orientation, or veteran status. (Section 1.1)
One form of harassment that is
prohibited under this policy is the creation of a Hostile Work, Learning,
Co-curricular, Social or Living Environment. The policy states that a hostile
environment occurs when a member of the Lehigh University community or a guest
is subjected to unwelcome statements, jokes, gestures, pictures, touching, or
other conducts that offend, demean, harass, or intimidate. Harassment includes
offensive verbal or physical conduct that has the purpose or effect of
interfering with an individual’s work or educational performance, or has the
purpose or effect of creating an intimidating, hostile, or offensive
environment. (Section 2.1)
In this case an anonymous community
member who was in attendance at the party on August 21, 2014 sent a digital
video recording of members of Phi Kappa Theta singing a song which included a
chant that said, " He’s gay, he’s gay, he’s gay as fuck”. The person who
sent this video indicated that they felt harassed and asked that the University
investigate. LUPD heard this song again on September 6, 2014 when stopping to
investigate a loud party prior to the Lehigh football game. Upon investigation
it was confirmed by six of the seven students interviewed that this song is
sung on many occasions including chapter members birthdays and other
"special occasions" and that the lyrics always include " He’s
gay, he’s gay, he’s gay as fuck”. This shows that not only was this harassing
language it is also an ongoing and persistent occurrence. (Section 2.1.2)
Respect for Others
D1 (Hazing): Violation of the Definition of Hazing found in the Lehigh
University Code of Conduct:
Hazing is any action
taken or situation created, whether on or off campus, to produce mental or
physical discomfort, embarrassment, harassment, or ridicule. Hazing includes
but is not limited to any brutality of a physical nature, such as paddling,
whipping, beating, branding, forced calisthenics, exposure to the elements,
forced consumption of any food, liquor, drug or other substance, or any other
forced physical activity that would subject the individual to physical harm or
mental stress, such as sleep deprivation, forced exclusion from social contact,
forced conduct which could result in extreme embarrassment, or any other forced
activity which would adversely affect the mental health or dignity of the
individual. Among prohibited activities are forced or coerced activities which
create excessive fatigue; cause physical and psychological shocks; involve
kidnapping; involve morally questionable quests, treasure hunts, scavenger
hunts, or any other such activities; involve publicly wearing apparel that is
conspicuous and not normally in good taste; cause students to engage in public
stunts and buffoonery, morally degrading or humiliating games and activities,
or late night activities which interfere with scholastic activities. Also
prohibited are any activities that are in violation of federal, state, or local
laws, this Code of Conduct, or accepted standards of good taste or propriety.
For purposes of this definition, any activity described in this paragraph upon
which the admission into or affiliation with an organization is directly or
indirectly conditioned shall be presumed to be "forced or coerced"
activity, the willingness of an individual to participate in such activity
notwithstanding.
Basis of Charge: During the investigation of these incidents it was
confirmed by six of the seven members that the song with the lyrics, "He’s
gay, he’s gay, he’s gay as fuck," accompanied by an encouragement to
consume large quantities of alcohol occurred on many occasions with nearly all
members of the organization at one time or another. One brother spoke about
“being able to avoid it by his birthday falling near a break” and another said
that “everyone knows that it is what they will do on their birthday." When
asked about drinking when the song is sung a member said, “You don’t have to,
but if you’re hearing that song, then yeah you kinda have to.”
These actions meet the definition
of hazing in the following manner: It was an action taken off campus to produce mental or physical discomfort and
embarrassment and ridicule. Furthermore, it was forced or coerced consumption of liquor, drug, or other substance
because continued membership in the
fraternity was indirectly conditioned upon
drinking the alcohol. Individuals
participate in this birthday song ritual due to their membership in the
fraternity. As stated in the hazing
definition, the willingness of an individual to participate in such activity
does not preclude the action from being hazing.
Respect for
Community J1 (Encouraging Others): Encouraging or facilitating others in
actions that violate the Code of Conduct.
Basis of Charge: The Phi Kappa Theta Fraternity hosted off campus
parties on two occasions (August 21, 2014 and September 6, 2014) in which large
quantities of alcohol were present for consumption by any attendees. By failing
to monitor or control the alcohol at these events Phi Kappa Theta encouraged
violation of the Code of Conduct in several ways: students under 21 consuming
alcohol and students of any age consuming alcohol in an unhealthy manner.
Furthermore encouraging and/or coercing members to chug quantities of alcohol
also encourages unhealthy consumption.
Respect for Self
A1 (Unauthorized Consumption, Distribution, or Possession) The unauthorized or
illegal consumption, distribution, or possession of alcohol.
Basis of Charge: The Phi Kappa Theta Fraternity hosted an off
campus event in which various types of alcohol was available to any attendees
regardless of age. The chapter's failure to ID guests, or provide any control
as well as the fact that a significant portion of both the organization and the
student body (the guests at the party) are under 21 it makes it likely that
people under 21 were provided alcohol.
Respect for Self
B1 (Unhealthy Consumption) The consumption or distribution of alcohol or other
drugs in a manner detrimental to one's health and safety (or the health and
safety of others).
Basis of Charge: The Phi Kappa Theta Fraternity provided large
quantities of alcohol (including hard alcohol and grain punch) to guests
without supervision or control. Additionally the organization and its members
repeatedly engaged in the singing of a song that encouraged chapter members to
chug alcohol.
The social chair of the fraternity
reported that there was table set up for beer pong. Drinking games encourage
the unhealthy consumption of alcohol.
Respect for Community
A1 (False Information) Intentionally
furnishing false information to a university official, hearing panel, or
conduct officer.
Basis of Charge: During the investigation of this case, one of the
witnesses, a member of Phi Kappa Theta Fraternity, provided false information
to the investigators. He was charged with violations of the Code and admitted
responsibility. As a member of the
organization the organization is accountable for his actions via the accountability
statement in the Lehigh University Code of Conduct (Article II, Section 1. Part
G).
The
accountability statement reads, "Organizational Accountability. Any
group or organization may be held accountable for the actions of any of
its members if the violation of this Code of Conduct is in any way related to
the group or organization. Group misconduct need not be officially approved by
the entire membership in order to be considered grounds for possible
disciplinary action against the group. There is no minimum number of group
members who must be involved in an incident before disciplinary action may be
taken against the entire group. In some instances, the conduct of a single
member may provide sufficient grounds for action against the entire group. An appropriate
but not exhaustive test to determine whether a group may be held accountable
for the conduct of individuals is to ask whether it is likely that the
individuals would have been involved in the incident if they were not members
of the group or, if, by group action, the incident was encouraged, fostered, or
might have been prevented."
The accountability statement
applies in this manner: A student member of Phi Kappa Theta was asked to
provide information regarding this case. By his own admission he provided false
information. The accountability statement provides an appropriate test to determine if the organization should be held
accountable for the actions of its members: 1) Was an action taken; 2) Is it
likely that the individuals would have been involved in this incident if they
were not members of the group;.
1) Was an action taken?
YES – the student provided false information.
2) Is it likely that he would have
been involved if he were not a member of the organization? NO
– if the student was not a member of the organization he would not have been
called as a witness or had any reason to lie about his actions or the actions
of other members.
Furthermore Article V, Section III,
part D of the Code of Conduct states, "Organizations are responsible for insuring
that their members provide truthful and complete information when providing
information to a hearing panel or the Conduct Officer." In this case a
member of the organization did not do so therefore Phi Kappa Theta is charged
with this violation.