Sigma Chi Case Dismissed By Judge

UPDATED: 7:32 p.m. Feb. 22, 2008
UPDATED: 9:27 p.m. Feb. 22, 2008
By Connect Mason Reporter Rachael Dickson

A lawsuit filed by the Iota Xi chapter of Sigma Chi Fraternity at George Mason University against several Mason administrators was dismissed by a federal judge today.

The lawsuit was filed in August 2007, with the fraternity claiming that their constitutional rights were violated when Mason revoked recognition of its chapter in May 2006.

Mason President Alan Merten, Vice President of University Life Sandy Hubler, Assistant Vice President of University Life and Dean of Students Pamela Patterson, Assistant Director of Fraternity and Sorority Life Michelle Guobadia and former Dean of Students Girard Mulherin were named as defendants in the case. Originally, the university itself was named as a defendant but this classification was dropped in Nov. 2007 because the university, as an extension of the Common wealth, cannot be sued under 42 U.S.C. § 1983.

Specifically, the chapter, represented by Consul (President) Ryan Duckwitz and Pro Consul (Vice President) Justin Pietro, argued that its members' free speech and due process rights were infringed upon during a hearing in which a three-student panel found the fraternity guilty of hazing, providing alcohol to minors and twice "sponsoring a party under conditions that resulted in sexual assault on a female guest.” The hearing resulted in the university's revocation of recognition of Sigma Chi Fraternity until Sept. 1, 2016, at which time the fraternity may apply for university recognition.

During the trial, the fraternity cited a picture of President Merten posted on Collegehumor.com playing what appears to be beer pong with another Mason fraternity. The university has since denied that the photo depicted any wrongdoing. According to the Associated Press, this was illustrative of an increasingly heated lawsuit in which the university submitted evidence showing video of a fraternity leader vomiting after a drinking game. However, university lawyers wrote in a motion "No other student organization recognized by the university committed as many serious violations of the student judicial code as the (Sigma Chi) chapter in a one-year period,” in a motion seeking summary judgment in their favor.

At the hearing today, U. S. District Judge Leonie Brinkema said she was satisfied that the fraternity had not suffered any loss of its constitutional rights. According to an Associated Press article on the topic, Brinkema chided both sides in court, saying they "have been engaged in a certain kind of vitriol that was not necessary."

"Of course we're pleased," said Dan Walsch, executive director of Media Relations, when asked for comment on the judge's decision, "but even more than that what this is all about is that the university has the welfare and safety of its students in mind and we're not going to tolerate any behavior such as that that was exhibited by the members of Sigma Chi."

The Iota Xi chapter still appears to be active, as evidenced by its website, which talks about Homecoming activities the chapter was involved with in addition to an upcoming Battle of the Bands event Iota Xi is hosting, benefiting the Huntsman Cancer Foundation.

Throughout the website, it is clearly stated, “The Iota Xi Chapter of the Sigma Chi Fraternity is not affiliated with George Mason University."

"Unfortunately, we have no further comment at this point," said communications major Adam J. Seaman, identified as the Publicist of the Iota Xi chapter both on the website and on his voicemail.

Updated by Connect Mason Director Whitney Rhodes at 7:32 p.m., Feb. 22, 2008.

Further Update

• A newsletter dated Feb. 1, 2008, mentions that the first pledge class since 2005 was initiated in Fall 2007, under the name of Alpha Tau.

• The newsletter includes an article asking for donations to the legal fund, as it says "Currently the Chapter has to raise approximately $100,000 to cover its current legal bills, and will likely need another $50,000 to see this case to the end."