PIKE CHAPTER AT UF REINSTATED FOLLOWING SUCCESSFUL APPEAL

Daniel McCarthy

The Alpha Eta Chapter of Pi Kappa Alpha recently won an appeal against the University of Florida in the District Court of Appeals in Florida.  The University suspended the chapter in 2007 after the University conducted an investigation and subsequent hearing concerning alleged violations of school regulations.  Throughout the entire process, the chapter protested the form and manner of UF’s investigation and hearing procedures.  Specifically, the chapter claimed that it was denied its due process rights during the hearing because UF administrators spent approximately four hours meeting ex parte with the Greek Judicial Committee, which was charged with the responsibility of adjudicating the facts based on the evidence presented at the hearing.  The chapter also protested that all of the evidence presented against it was in the form of hearsay evidence.  Rather than present live witnesses who could be cross-examined, as required by UF policies, UF relied primarily on police reports and video interrogations.

Despite the improper procedures used during the hearing, UF suspended the chapter’s recognition for a period of four years.  The chapter filed an administrative appeal in state court.  The court issued its decision on April 14, 2008 and reversed the suspension and ordered the chapter reinstated because all of the evidence UF offered in support of its charges against the chapter consisted of inadmissible hearsay.  “[W]ithout the improperly admitted hearsay evidence, there was no evidence presented that might support the Greek Judicial Board’s findings, a point which the fraternity argued forcefully, albeit unsuccessfully, in its appeal to the Assistant Vice President of the Division of Student Affairs.”

The good news is the chapter was reinstated.  The bad news is the impact the university’s actions have had on the chapter.  Ernie Cox, the President of the chapter’s house corporation, said, “Unfortunately, we are down to about 20 men, from over 100 before the improper suspension.  We have had to lease the fraternity house to [another fraternity] for a year as a result.”

The chapter succeeded on appeal because it was familiar with UF’s proper procedures and strenuously objected to the improprieties as they occurred.  Had they not objected at the right time, the court probably would not have considered their appeal.  Whenever a chapter goes through a discipline hearing, regardless of the severity of the charge, it is imperative that they know the proper procedures and note their objections to any deviation to the requirements.

¹  Alpha Eta Chapter of Pi Kappa Alpha v. University of Florida, District Court of Appeal, First District, Florida, Case No. 1D07-2596.