AEPi AND UNIVERSITY OF DELAWARE REACH AGREEMENT

Tim Burke, Manley Burke, tburke@manleyburke.com

Alpha Epsilon Pi had a chapter at the University of Delaware, dating back to 1925.  In the late 90’s a series of disciplinary problems resulted in the University withdrawing recognition from the Chapter and National AEPi pulling the chapter’s charter.

When AEPi sought to re-colonize at the University of Delaware, they met resistance from the University which ultimately led to litigation.  The lawsuit, Alpha Epsilon Pi Fraternity, Inc., et al. v. The University of Delaware, et al., Court of Chancery of the State of Delaware in and for New Castle County, C.A. No. 1462-N, was scheduled to go to trial in December.  On December 14, 2005, the eve of trial, the University and AEPi each issued the following statement:

The University of Delaware and Alpha Epsilon Pi fraternity have agreed to settle their legal dispute on mutually satisfactory terms.

The terms include the commencement, in spring 2006, of a yearlong process for the review and official recognition of fraternities returning from suspension by the University.  That process will be supervised by the University’s InterFraternity Council, composed of student leaders.

Under the agreement:

• The University affirms the right of all students to associate with one another so long as their resulting groups do not engage in conduct that violates its Student Code of Conduct;

• AEPi acknowledges the important role a national fraternity can and should play in assisting the University to create a positive undergraduate experience and commits its best efforts to the supervision of its student members to that end;

• UD acknowledges that fraternities and sororities can play a valuable role at the University, providing important leadership, educational, service and social opportunities that can augment the University’s educational mission; and

• Both the University and AEPi have concluded that such cooperation is preferable to the adverse relationship that frequently accompanies litigation and have chosen to end the pending lawsuit

The University of Delaware was represented by William E. Manning and the Wilmington, Delaware firm of Klett, Rooney, Lieber and Schorling.  AEPi was represented by Peter Ladig and the Bayard firm and Daniel J. McCarthy and Tim Burke of Manley Burke.