Publications
Eleven Questions That Advisors & Chapter Corporation Board Members Should Be Asking Their Undergraduates This Fall
David Westol, J.D., Principal & Owner, Limberlost Consulting, Inc., Carmel, Indiana We’ve read the headlines and the stories. We know that hazing has persisted in our chapters. We know that with the advent of a return to “normalcy” on campuses...
READ MORE
Employer Vaccine Mandates
Tara K. Burke, Attorney for Jackson Lewis P.C. Tara K. Burke is a Knowledge Management Attorney for Jackson Lewis P.C. a law firm focused on workplace law with offices in major cities nationwide. Tara has been monitoring the employment law...
READ MORE
Arming Your Organization Against Fraud
Lauren Kreutzinger, VonLehman CPA & Advisory Firm, lkreutzinger@vlcpa.com Fraud does not discriminate. Any organization, big or small, is susceptible to fraud and the financial loss, headaches, and embarrassment that inevitably follows. Recently, a well-known fraternal organization fell victim to fraud...
READ MORE
New Overtime Regulations Increasing Salary Threshold Become Final
John Christopher, Manley Burke LPA, john.christopher@fraternallaw.com On September 24, 2019, the proposed Department of Labor rules modifying overtime pay became final. The new rules will be effective January 1, 2020. Among other items, the new rule updates the salary and...
READ MORE
Update on FLSA
John Christopher, Manley Burke, john.christopher@manleyburke.com As reported in the November 2016 special edition of this Newsletter, the Department of Labor’s final rule (“Final Rule”) under the Fair Labor Standards Act (“FLSA”) raising the exempt salary threshold from $23,660 to $47,476...
READ MORE
Sorority Announces Policy on Trans and Non-binary Inclusion
Tim Burke, Manley Burke, tburke@manleyburke.com Delta Phi Epsilon recently announced its “Policy on Trans and Non-Binary Inclusion.” The policy makes it clear that the sorority is “welcoming and inclusive of trans women and non-binary individuals. Any conduct which fosters a...
READ MORE
Federal District Court Blocks New Overtime Rule
Now what do we do? Sean Callan & Jacklyn Olinger, Manley Burke, sean.callan@manleyburke.com & jacklyn.olinger@manleyburke.com As we have previously reported, the Department of Labor ("DOL") issued a new rule under the Fair Labor Standards Act (“FLSA”) raising the exempt salary...
READ MORE
Former House Corporation President Sentenced for Embezzlement
Tim Burke, Manley Burke, tburke@manleyburke.com The September 2016 issue of Fraternal Law described Jennifer Elizabeth Meehan’s embezzlement from the House Corporation of Gamma Phi Beta at the University of Alabama, which she was the President of. Meehan, who lost her...
READ MORE
"Greeks and Risk" Provides Interesting Lessons
Tim Burke, Manley Burke, tburke@manleyburke.com The URMIA Journal for 20161 carries an article entitled “Greeks and Risk: Lesson From Claims.” The article studies 162 claims received between 2010 and 2014. It highlights the fact that “claims arising from fraternity activities...
READ MORE
Two House Corporation Officers Plead Guilty to Fraud
Tim Burke, Manley Burke, tburke@manleyburke.com Several recent embezzlements by officers in Greek house corporations have underscored the need for appropriate financial controls. Press releases by the United States Justice Department announcing two recent guilty pleas make clear the danger of...
READ MORE
Transgender Policy Updates
Tim Burke, Manley Burke, tburke@manleyburke.com The September issue of Fraternal Law reported that Sigma Phi Epsilon had adopted a policy acknowledging that “any individual who identifies as a man is welcome to seek membership in the fraternity.” Fraternal Law inaccurately...
READ MORE
Recent Developments with Campus Security Authorities
Tim Burke, Manley Burke, tburke@manleyburke.com The Clery Act, which has now been in place for some 25 years, requires colleges and universities to track the incidents of certain crimes on and near campuses. It also requires that that data be...
READ MORE
Sigma Phi Epsilon Becomes First Men's Fraternity to Adopt Clear Transgender Policy
Tim Burke, Manley Burke, tburke@manleyburke.com Sigma Phi Epsilon appears to be the first traditional men’s fraternity to adopt a clear transgender policy. The policy adopted this summer states: “Sigma Phi Epsilon is a national Fraternity built on the brotherhood and...
READ MORE
Proposed Overtime Regulations Would Significantly Limit Overtime Exemptions
John Christopher, Manley Burke, john.christopher@manleyburke.com In response to President Obama’s March 13, 2014 Memorandum instructing the U.S. Department of Labor (DOL) to update the Fair Labor Standards Act (FLSA) regulations governing who qualifies for overtime, the U.S. Department of Labor...
READ MORE
Religious Freedom or Religious Discrimination
Tim Burke, Manley Burke, tburke@manleyburke.com The adoption of the Religious Freedom Restoration Act by the State Legislature of Indiana and its signing by Governor Mike Pence has generated substantial controversy among the higher education community and the fraternity world. The...
READ MORE
Implementing a Transgender Membership Policy
Stevie Tran Awareness of the transgender identity is rapidly growing, and just as quickly, colleges and universities, among other institutions, are enacting transgender protections. Fraternal organizations, too, may be considering creating a policy to address the issue of transgender membership....
READ MORE
Delta Gamma States Transgender Member Policy
Tim Burke, Manley Burke, tburke@manleyburke.com In a recent statement regarding sorority recruitment at the University of Alabama, the National Delta Gamma Fraternity expressed its membership policy as “membership is open to women and transgendered persons who identify themselves as women.”...
READ MORE
You've Won the Election!
Congratulations, You’re A Chapter Officer. Now What? It is a great honor to be elected an officer of one’s fraternity. Experience over the years demonstrates that fraternity officers are generally people of outstanding character, not only during their undergraduate days...
READ MORE
Paddletramps Case Ends
Tim Burke, Manley Burke, tburke@manleyburke.com It’s over. At long last, the Paddletramps case is done. The trademark rights of fraternities and sororities have been tested in a long and complicated litigation but they have been vindicated and strengthened. The United...
READ MORE
SAE Insurance Not Required to Contribute to Settlement
Tim Burke, Manley Burke, tburke@manleyburke.com Carson L. Starkey died on December 2, 2008, after participating in a "brown bag night," sponsored by the Sigma Alpha Epsilon Chapter at Cal Poly State University. He was a pledge. Starkey and other pledges...
READ MORE
IRS 2012 Annual Report & 2013 Workplan
John Christopher, Manley Burke, john.christopher@manleyburke.com Last month, the Exempt Organizations (EO) division of the the Tax Exempt and Government Entities section of the IRS issued its latest annual report and workplan (the "Report"). The Report contains some bits of information...
READ MORE
Paddletramps Decision Modified
Tim Burke, Manley Burke, tburke@manleyburke.com The victory secured in protecting the trademark rights of fraternities and sororities in the Paddletramps case has been reaffirmed by the United States Court of Appeals for the Fifth Circuit. After the Court of Appeals...
READ MORE
State Registration Requirements and Considerations
Jacklyn Olinger, Manley Burke, jacklyn.olinger@manleyburke.com As foundation executives in the Greek community are aware, both federal and state authorities are becoming increasingly focused on proper registration. Nearly all states require that a charity register if either (i) it is physically...
READ MORE
Court of Appeals Upholds Paddletramps Decision
Tim Burke, Manley Burke, tburke@manleyburke.com The long-running Paddletramps litigation, testing the strength of fraternity and sorority trademarks, appears to be at an end with a significant victory on behalf of the Greek organizations. On December 6th the Fifth Circuit United...
READ MORE
The Chapter House Rules; How Corporate Structure Can Handcuff a House Corporation
Sean Callan, Manley Burke, sean.callan@manleyburke.com When we think of the Greek chapter house, we think of more than simply bricks and mortar. The chapter house is often the dominant evidence of a Greek organization’s presence on a particular campus. More...
READ MORE
Trademark Infringement: It Can Run Both Ways
Sarah Otte Graber & Sean K. Owens, Wood , Herron & Evans, LLP When people think of trademarks (often simply called “marks”), they typically think of famous brand names like McDonald’s or logos like the Nike Swoosh. Fraternities and sororities...
READ MORE
$7.2 Million Verdict Obtained Against Fraternity
Daniel McCarthy, Manley Burke In May, a jury in the Putnam County Circuit Court in Tennessee delivered a total verdict of $8,000,000 in favor of a student who was injured at a recruitment event at the Phi Gamma Delta’s Tennessee...
READ MORE
Paddletramps Trial Ends
Tim Burke, Manley Burke, tburke@manleyburke.com The long-running Paddletramps trademark litigation1 is over. At least until an appeals court finds otherwise. Both sides achieved some success. This case was brought by Paddletramps, which had for years been producing and selling paddles...
READ MORE
FLSA Compliance for House Directors: Monitor Overtime with Caution and Care
Dianne Chipps Bailey & Susan Miller Huber, Robinson, Bradshaw & Hinson, PA, dbailey@rbh.com and shuber@rbh.com Sorority and fraternity house directors typically live where they work, which makes wage and hour compliance exceptionally challenging. The line between working and not working...
READ MORE
Beware of Unconstitutional Social Media Policies
Daniel McCarthy, Manley Burke Facebook, Twitter and other forms of social media are growing in popularity and importance on a daily basis. The advances in technology are moving at the speed of light but schools are not as quick to...
READ MORE
Ninth Circuit Upholds SDSU’s Nondiscrimination Policy
Daniel McCarthy, Manley Burke In a decision dated August 2, 2011, the United States Court of Appeals for the Ninth Circuit upheld San Diego State University’s nondiscrimination policy that prohibited membership restrictions on certain specified bases.1 This case differs from...
READ MORE
Trademark and Licensing Case Set For Trial
Tim Burke, Manley Burke, tburke@manleyburke.com As colleges and universities have found, licensing the use of their trademarks, mascots, names and the like, can be extremely lucrative. Licensing the use of such marks can also help an organization owning the marks...
READ MORE
Insurers Won’t Defend Hazing or Alcohol Claims
Tim Burke, Manley Burke, tburke@manleyburke.com When hazing causes a tragic death, or serious injury, it often leads to litigation. Some insurance providers are now taking a very hard look at whether or not they have responsibility to defend such litigation....
READ MORE
UPDATES FOR FRATERNAL LAW
Tim Burke, Manley Burke, tburke@manleyburke.com Medical Marijuana is not Legal Marijuana Some 15 states and the District of Columbia have laws purporting to legalize medical marijuana. In spite of that, possession, sale and use of marijuana remains a violation of...
READ MORE
New Law Partnership Focuses on Fraternities, Sororities and Student-Life Non-Profits
Timothy M. Burke, Sean P. Callan, John E. Christopher and Daniel J. McCarthy announced the establishment of Fraternal Law Partners, the nation’s only legal partnership dedicated to serving fraternities, sororities, student life organizations and their related educational and charitable foundations....
READ MORE
COLORADO COURT ISSUES IMPORTANT DISCOVERY DECISION
Daniel McCarthy, Manley Burke The parents of Brett Griffen, a pledge at the Sigma Alpha Mu (“SAM”) chapter at the University of Delaware who died from excessive alcohol consumption, sued SAM, the Delta Lambda Chapter of SAM and numerous members...
READ MORE
SUIT AGAINST AKA, INDIVIDUALS DISMISSED; APPEAL FILED
Daniel McCarthy, Manley Burke Judge Natalia M. Combs Greene of the Superior Court of the District of Columbia dismissed the lawsuit brought by individual members of Alpha Kappa Alpha against AKA, the AKA Educational Advancement Foundation and twenty-four individuals.1 As...
READ MORE
CENSUS BUREAU STARTS COUNTING
Tim Burke, Manley Burke, tburke@manleyburke.com Between April 1st and May 21st, the United States Census Bureau will be conducting the portion of its Census enumeration that concentrates on counting college students living on or around campus. This will be the...
READ MORE
HOST SCHOOLS CONTRACTUAL LIABILITY RISK TRANSFER: A RISK MANAGEMENT TIME BOMB OR FREE INSURANCE!
James Favor, CRM, CIC, James R. Favor & Company LLC Like a time bomb, unknown adverse contractual liability risk transfer exposures represent an increasing and very significant cost exposure for fraternities and sororities. Contracts and risk transfer are daily issues...
READ MORE
ENDOWMENT FUNDS AND THE UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT
Sean Callan, Dinsmore& Shohl The Uniform Prudent Management of Institutional Funds Act ("UPMIFA") is a law that has been adopted, in one form or another, in all but eight states. Its provisions update and replace the Uniform Management of Institutional...
READ MORE
THE LEGAL AND PROFESSIONAL CONSIDERATIONS OF SOCIAL NETWORKING – HOW FACEBOOK, TWITTER AND OTHER SOCIAL NETWORKING SITES PROVIDE OPPORTUNITY (AND RISK) FOR FRATERNAL ORGANIZATIONS
Craig Moore, Armstrong Teasdale LLP, cmoore@armstrongteasdale.com It seems beyond question that the world of social networking has taken root in the Fraternity and sorority houses of North America. Sites like Facebook, Twitter, MySpace and Linked-In, (among many others) provide socializing...
READ MORE
AKA NATIONAL PRESIDENT SUED BY MEMBERS
Dan McCarthy, Manley Burke This summer, eight members of Alpha Kappa Alpha sued their international president, Barbara McKinzie, and some current and former members of the organization’s board of directors in Washington D.C. Superior Court. The suit seeks the removal...
READ MORE
TRI-DELTA RETAINS UTAH SORORITY HOUSE AFTER LEGAL BATTLE WITH HOUSE CORPORATION
Adam Eckstein After a legal battle with a house corporation, national sorority Delta Delta Delta recovered the title to the sorority house at the University of Utah that had served the inactivated Theta Phi Chapter. The state trial court’s decision...
READ MORE
FRATERNITIES MUST NOTIFY MEMBERS AFFECTED BY COMPUTER SECURITY BREACHES
Adam Eckstein Many states and universities have enacted laws and policies, respectively, requiring computer owners to notify potential victims of identity theft when a security breach occurs. Student organizations, which oftentimes obtain members’ personal information like credit card numbers for...
READ MORE
PIKE CHAPTER AT UF REINSTATED FOLLOWING SUCCESSFUL APPEAL
Adam Eckstein The Higher Education Opportunity Act, signed into law August 14, 2008, created new fire safety reporting rules that require schools to report annually to the Secretary of the Department of Education and to the campus community. This language...
READ MORE
LOSS OF CHARTER LEADS TO LITIGATION
Tim Burke, Manley Burke, tburke@manleyburke.com The Sigma Sigma Sigma Chapter at Missouri State had been on campus there since 1945. In recent years, the Chapter had some problems, including a reported seven criminal reports from the House since October 2006,...
READ MORE
MANDATORY, BINDING ARBITRATION WILL IT WORK IN THE GREEK SYSTEM?
Jim Ewbank, Ewbank & Byrom As many states have implemented various forms of tort reform over the last several years, fraternities and sororities have not been the beneficiaries of those changes. Cases involving injured members continue to be filed and...
READ MORE
UPDATE ON TEXAS INSURANCE LAW
Tim Burke, Manley Burke, tburke@manleyburke.com As reported in the September 2007 issue of Fraternal Law, last year the Texas State Legislature adopted a law that requires universities in Texas to conduct risk management training sessions for fraternities and sororities. The...
READ MORE
DEPAUW AND DELTA ZETA SETTLE LITIGATON
Daniel McCarthy, Manley Burke As reported in the September, 2007 issue of Fraternal Law, Delta Zeta recently sued DePauw University in federal court, alleging, among other claims, breach of contract, defamation and tortuous interference with business relationships. The parties announced...
READ MORE
ACLU AND SIGMA ALPHA MU CHALLENGE CHAPMAN UNIVERSITY
Tim Burke, Manley Burke, tburke@manleyburke.com According to an October 2, 2007, letter from the ACLU of Southern California to the President of Chapman University, Chapman has restricted the free speech and association rights of students desiring to affiliate with Sigma...
READ MORE
TEXAS LEGISLATURE REQUIRES RISK MANAGEMENT TRAINING FOR STUDENT ORGANIZATIONS
James A. Tate, Summer Law, Clerk at Manley Burke The Texas Legislature unanimously passed a bill requiring advisors and designated officers of student organizations at institutes of higher education to attend annual risk management training beginning with the 2008 fall...
READ MORE
DELTA ZETA SUES DEPAUW
Tim Burke, Manley Burke, tburke@manleyburke.com As happens from time to time with all Greek organizations, Delta Zeta identified one of its chapters as having significant problems. The Delta Zeta Chapter at DePauw University had declined in membership to a dangerously...
READ MORE
ENFORCEABILITY OF LIABILITY WAIVERS
Elizabeth Hutton Are liability waivers used by fraternities and sororities in the context of social events, particularly recreational activities, enforceable? The answer is that, like most other things in the law, “it depends.” While the enforceability of liability waivers varies...
READ MORE
FIREARMS IN THE HOUSE
Robert Manley, Manley Burke An increasing number of states have passed laws to authorize certain persons to carry concealed weapons. Typically, the permit to carry a concealed weapon requires a certain amount of training in weapon use and safety. Every...
READ MORE
NAMED INSURED
The provision in a fraternity insurance policy that identifies who is covered may be the most important provision in the policy. It is called the “named insured clause.” For a fraternity, the named insured clause should include the general fraternity,...
READ MORE
FELONY MURDER
Dan McCarthy, Manley Burke Chapters must keep in mind the legal doctrine of felony murder. Murder results from a death caused during the commission of, or in an attempt to commit a felony. The felony murder doctrine is typically limited...
READ MORE
VOLUNTEER PROTECTION ACT SAVES FRATERNITY VOLUNTEERS
Robert Manley, Manley Burke McDaniel Brookman was a prospective member of Alpha Eta Delta of Chi Psi Fraternity at the University of Oregon in Eugene, Oregon. He was standing on the balcony of the fraternity house when the balcony collapsed. ...
READ MORE
PRIVATE CAMPUS — PUBLIC RECORDS
Tim Burke, Manley Burke, tburke@manleyburke.com Certain records of even private college campuses may not be exempt from public disclosure. A Georgia Superior Court judge ruled in February that Mercer University, a private college, must turn over records compiled by its...
READ MORE
ENFORCEMENT OF TRADEMARKS
Robert E. Manley, Manley & Burke Phi Delta Theta International Fraternity filed suit against the members of a former Phi Delta Theta chapter that broke away and began operating under the name Phi Delta Alpha. Aside from their Greek letters,...
READ MORE
COULD CAREER NETWORKING WORK AGAINST YOU?
Timothy M. Burke, Manley & Burke Given the brotherhood/sisterhood relationship so admirably encouraged by Greek organizations, it is not surprising that many Greek groups encourage networking within their membership by those members seeking or having employment opportunities. Some groups have...
READ MORE
INTELLECTUAL PROPERTY IN THE 21ST CENTURY
Robert E. Manley, Manley & Burke As Greek letter organizations enter the 21st Century, they face new challenges and opportunities in regard to their intellectual property. What is intellectual property? Do fraternities actually have intellectual property? Intellectual property includes all...
READ MORE
PROTECT YOUR RIGHTS
Timothy M. Burke, Manley & Burke In light of the decision in the Pi Lambda Phi case, fraternities should keep in mind that constitutional rights, like most other rights. sometimes need active attention in order to be protected. Here are...
READ MORE
CURRENT DATA SHOW FUTURE REALITY
Robert E. Manley, Manley & Burke Current population data tells us that the future is very different from the past. Black, Hispanic, and Asian populations in the United States are rapidly growing. The growth of the non-Hispanic white population has...
READ MORE
LEGAL SUMMIT INITIATES DIALOGUE
Timothy M. Burke, Manley & Burke On September 6th and 7th the National Association of Student Personnel Advisors' (NASPA) Fraternity/Sorority Network, chaired by Barbara Hollman, Vice President for Student Affairs at the University of Montana, hosted a National Legal Summit...
READ MORE
VOLUNTEER PROTECTION ACT
Robert E. Manley, Manley & Burke The Federal Volunteer Protection Act, 42 U.S.C. §14501, takes effect in late September, 1997. Its purpose is to protect volunteers from liability for their acts while performing services for nonprofit organizations without compensation. The...
READ MORE