Case

Presentation #2
By: Quenshia Graves & Kelli Jo
Haley

The Case
A university national fraternity, XXX, held a beginning of the term party at
their off campus house. By all accounts, booze was flowing freely and
attendance was quite large. Sometime during the early morning hours, a
local high school student was found dead on the back porch of the
fraternity house.
Does the university proceed with formal action against the fraternity?

No!
The University should not proceed with formal action against the fraternity
This is a legal issue, not an academic or policy issue
There is no link between the death of the high school student and the
fraternity
No longer In Loco Parentis

Legal Precedent
The Chicago Tribune reported in December 2014 that Circuit Court Judge
Kathy Flanagan dismissed a case involving the death of a student at
Northern Illinois University involved with a fraternity, citing that social
hosts cannot be held liable with regard to alcohol, according to Illinois
law. She also found the national fraternity could not be held liable as well.

Legal Precedent
Duty to Care
Courts have ruled that colleges cannot be considered guarantors of student safety under all
circumstances
eg. Alton v. Texas and Furek v. Delaware

Ethical / Theoretical Approach

Kohlberg's Theory of Moral Development
Focus on Stage 6 - Involves equal consideration of the points of view of all individuals in a
moral situation

Perrys Theory of Intellectual and Ethical Development

Focus on 4a. Multiplicity Coordinate- know and understand there are multiple answers and
ways to view situations

Where is the Liability

To prove Liability you have to prove the fraternity acted with deliberate
indifference
The party was located at an off-campus house
The student was in high school not a student of the university
The cause of death was not presented, it might not be the fault of the fraternity
The high schoolers previous health conditions are not presented
How or why the high school student is at this college party is not presented

Excellent Educational Opportunity

on
Alcohol Abuse
Workshops about alcohol abuse and hazing
Alcohol101.edu
Hazing Prevention Week

Does the university proceed

with formal action against the
fraternity?

References
http://www.chicagotribune.com/suburbs/arlington-heights/ct-niu-fraternity
-case-dismissed-met-20141212-story.html
Furek v. Delaware
Alton v. Texas A&M University
Braham, M. (2016, Jan. 5) Penn State frat wont face criminal charges for
hazing. Huffington Post