A panel of faculty and administrators overturned the University Judiciary Committee's decision to revoke Phi Delta Theta fraternity's Fraternal Organization Agreement, a document that establishes the formal relationship between a fraternity, the Inter-Fraternity Council and the University.
This week, the JRB found that the Committee violated a judiciary bylaw when it revoked Phi Delt's FOA without holding a sanction evaluation hearing.
The Committee rescinded Phi Delt's FOA after Phi Delt rejected a Committee sanction prohibiting the fraternity from participating in "open house," the first day of spring fraternity rush. According to Committee sources, Phi Delt was sanctioned after they were convicted of violating Standards of Conduct One and Nine in an early December trial. Standard One includes endangering the well-being of a student and Standard Nine includes violations of University regulations. The Committee convicted Phi Delt of depriving pledges of sleep and serving alcohol to minors.
In addition to the open house sanction, the Committee also sanctioned Phi Delt to an FOA revocation held in abeyance, which means that the FOA could be revoked if Phi Delt violates the terms of the sanctions, a Committee source said.
Charlottesville Police investigated Phi Delt last September for allegedly hazing a pledge, but charges were never filed and the investigation has since ended.
Phi Delt President Brendan Dignan declined to comment on the specific Committee convictions,
In their appeal, Phi Delt leaders claimed the Committee's revocation of the FOA was "unduly harsh." The JRB agreed with them because the Committee did not hold a sanction evaluation hearing when Phi Delt rejected the open house sanction.
Dignan said Phi Delt followed the other sanctions but strongly disagreed with the open house sanction because "UJC does not have the jurisdiction to impose on IFC's rush calendar."
When Phi Delt held open house in spite of the Committee sanction, the Committee decided to revoke the fraternity's FOA.
Phi Delt appealed the Committee's decision to the JRB, which remanded the case back to the Committee "for the sole purpose of reconsidering the additional sanction to be imposed for Phi Delta Theta's violation of the open house sanction," according to documents from the case obtained by The Cavalier Daily.
The JRB called the Committee's decision to revoke Phi Delt's FOA "inappropriate to the offense when imposed in the absence of a hearing on the circumstances surrounding Phi Delta Theta's decision."
The JRB recommended that representatives of Phi Delt meet with a Committee representative to confer and propose a new sanction that satisfies both parties.
Dignan said he is very pleased with the JRB's decision. He said he hopes to "iron out a meaningful sanction that is not as grossly inappropriate."
If they propose a new sanction by April 24, William W. Harmon, vice president for student affairs, must approve the new sanction.
Harmon said in the past five-and-a-half years, he has approved of all UJC decisions except for one, which he sent back to the Committee for clarification.
IFC President Justin Saunders said he supports the JRB's decision.
Committee Chairman Lissa Percopo declined to comment on case specifics.
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