Details Emerge on Bogenberger Settlement

Tim Burke, Manley Burke, tburke@manleyburke.com In its January 2019 issue, Fraternal Law reported on the settlement in the case of the David Bogenberger hazing death in an article entitled, “Largest Ever Settlement Reached in Hazing Case.”[1] After six years of...
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Ohio University’s Effort to Eliminate Hazing Ignores the Rights of its Students

Tim Burke, Manley Burke LPA, tburke@manleyburke.com “…THE GROUP IS NOT TO MEET IN ANY CAPACITY, officially or unofficially. This includes organizational meetings, meetings of the executive board, organizational programming, social events, philanthropic events, and any trip or travel. This also includes...
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Criminal Charges Filed Against Five Fraternity Members

Ilana Linder, Manley Burke LPA, ilana.linder@fraternallaw.com Although no evidence of hazing was found surrounding the death of an eighteen-year-old UC Irvine freshman who died after attending his fraternity’s “Big Brother Night,” five members of the fraternity have now been criminally...
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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...
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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...
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Are Membership Dues and Tuition Considered Consumer Merchandise?

Ilana L. Linder, Manley Burke LPA, ilana.linder@manleyburke.com The families of two of the five Truman State University (TSU) students who committed suicide have filed a lawsuit against the University, the Alpha Kappa Lambda (AKL) fraternity, and Brandon Grossheim, a former...
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Seventh Circuit Court of Appeals Issues Ruling in Purdue Title IX Case

Timothy M. Burke, Manley Burke LPA, tburke@manleyburke.com The Seventh Circuit United States Court of Appeals issued a decision on June 28, 2019, that closely considered the issue of due process rights in state college disciplinary proceedings. The court also considered...
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Title IX Due Process Applies to Private Schools

Timothy M. Burke, Manley Burke LPA, tburke@manleyburke.com As is too often the case in issues of sexual assault, the facts in the following matter are clouded by alcohol and drug consumption. In Federal Court in Memphis, John Doe challenged Rhodes...
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Courts Continue To Struggle To Define Due Process In The Student Disciplinary Process

Timothy M. Burke, Manley Burke, tburke@manleyburke.com Attempts by courts to define what due process is appropriate in a student disciplinary proceeding remain far from producing unanimity of results. The United States First Circuit Court of Appeals in August acknowledged its...
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Major Early Victory for Greek Organizations in Federal Suit Against Harvard

Sean Callan, Manley Burke, sean.callan@manleyburke.com We all know Harvard cannot abide fraternities or men’s finals clubs. That distaste, seemingly rooted in a patriarchal notion that the administration knows “what’s best” for Harvard students, has been on display for years. That...
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