Following the University Judiciary Committee's decision to ask the Office of the Dean of Students to revoke Phi Delta Theta's Fraternal Organization Agreement, the fraternity has filed an appeal with the Judicial Review Board, a panel of students, faculty and administrators.
Phi Delt President Brendan Dignan confirmed that he filed an appeal Friday afternoon with the Board.
William W. Harmon, vice president for student affairs, who oversees the Committee, also confirmed that Phi Delt had filed an appeal of the sanction.
The University revoked Phi Delt's FOA - the document that establishes a formal relationship between a fraternity and the University and Inter-Fraternity Council - until May 1, 2001, following a recommendation from the Committee.
Phi Delt was investigated for allegations of hazing by both the Committee and the IFC Judiciary Committee and still is under investigation by the Charlottesville Commonwealth Attorney's office after an incident in September.
Second-year Engineering student John W. Cox allegedly was forced to drink a fifth of rum in 30 minutes after sleeping a total of nine hours during the previous five days as a part of the fraternity's "hell week."
But Dignan said the FOA revocation did not come directly as a result of a trial regarding hazing.
Committee Chairman Brian Hudak declined to comment on case specifics or confirm that the case or appeal exists.
Hudak said the Board process involves an initial vote, when the Board decides whether to hear or deny the appeal.
Once the Board hears the appeal, they have the authority to affirm the Committee decision, reverse the Committee decision or lessen the sanction, he said. The Board only can lessen sanctions, not toughen ones imposed by the Committee.
The Board also can order a new trial if the appeal is based on procedural errors in the original trial.
He added that there are three possible grounds for appeal to the Board - procedural error, a "grossly inappropriate" sanction and the discovery of new evidence.
Hudak said an accused party must file an appeal with the Board within two weeks of receiving the letter describing its sanction.
Dignan said there were "a number of procedural errors involved in this case" that he believes created an unfair outcome. These issues are mentioned in the appeal, he said.
He declined to say whether the appeal, in addition to the procedural questions, also mentions inappropriate sanctions or newly-discovered evidence.
Dignan said the sanction and publicity have caused "severe reputational damage ... that has no basis in fact."
"We need to have this case resolved within the appeal process," he said. "We strongly feel that we have a strong case."
Hudak said the Committee is given the power to sanction any organization that violates rules expressed in the University Record. Violation of rules expressed in the Record is a violation of Standard Nine of the Standards of Conduct.
"The UJC can give any sanction up to and including expulsion or termination of" a contract with the University, he said.
IFC President Wes Kaupinen and Asst. Dean of Students Aaron Laushway declined to comment on the case or the appeal.
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