Sigma Chi Sues Mason Administrators
Says Mason Violated its 1st and 14th Amendment Rights
Asst. News Editor Noon Salih

George Mason University’s chapter of the Sigma Chi Fraternity sued the university for violating their First and Fourteenth Amendment rights, as stated by court records filed in an Alexandria district court on Aug. 31, 2007.  According to Sigma Chi’s court documents, the complaint was “seeking declaratory and injunctive relief and money damages” following the university’s 10 year suspension of the fraternity.

The university’s suspension of the fraternity was triggered from a series of events that occurred between Sigma Chi and Mason administrators since the spring of 2005. According to Mason court records, on two different dates, two female Mason students alleged that they were sexually assaulted at a Sigma Chi sponsored party and the two females, who were underage, were provided alcohol by Sigma Chi fraternity brothers.  When the first complaint was filed by the female in the spring of 2005, the fraternity brother was “found guilty of sexual assault” during the Sept. 13, 2005 hearing, according to Mason court records.

As stated in the Mason court documents, the second incident resulted in the university scheduling a hearing for the charges against the fraternity brother on Dec. 15, 2005.  According to the court documents, both the defendant and the plaintiff “presented evidence and at the conclusion of the hearing, the panel found [the fraternity brother] guilty of sexual assault.” Prior to the second sexual assault hearing, Sigma Chi was confronted by Student Activities. According to Sigma Chi court records, on Dec. 7, 2005:

The fraternity court records state that later that same day, Assistant Dean Blank-Godlove expressed her concern to Goubadia that “one of her students might have been hazed by Sigma Chi,” because during a class earlier that day he asked the student, a pledge of the fraternity, why he could not retrieve an assignment from his home, only to have the class’s peer advisor tell her that it was a “fraternity thing.”

According to Mason court records, “both these incidents were considered to be violations of the University’s hazing policy.” In a copy of the letter included in Sigma Chi’s court documents, Goubadia writes that there are “allegations that the fraternity has been conducting an illegal membership education process that has resulted in hazing, hosted and/or sponsored ‘parties’ and/or social gathering that have violated Sigma Chi’s national risk management polices.”  On Feb. 23, 2006, representatives from the fraternity met with Associate Dean of Students Pamela Patterson to “receive official charges of violations of the Judicial Code.”  Following the meeting, the university gave the Sigma Chi’s representative a written list of the charges. According to Mason court documents, the list of charges are described as follows:

1) Hazing - 8:30 a.m. on Dec. 7, 2005, in the area of Fenwick Library on the George Mason Campus

2) Providing alcohol to minors – Sept. 7, 2005

3) Underage consumption of alcohol – Sept.7, 2005

4) Sponsoring a party under conditions that resulted in sexual assaults on a female guest - Feb. 26, 2005 and Sept. 7, 2005

Sigma Chi documents state that after receiving the letter, which “significantly altered the nature of the disciplinary process, Sigma Chi sent a letter to Defendant Merten advising him of the unconstitutional actions of the GMU administration.”  The documents then go on to read that “to Sigma Chi’s knowledge, Defendant Merten took no action to advise, train or otherwise supervise, the GMU administration or potential members of the Hearing Panel at any point in time.”

In an email written by Patterson to Sigma Chi president Scott Bush, a hearing was scheduled for May 4, 2006.  During the five hour hearing, the “university presented evidence of underage drinking at two separate Sigma Chi sponsored parties, two sexual assaults based on the university’s earlier finding that occurred during a Sigma party and by Sigma Chi brothers, and finally, the university presented evidence of two separate incidents of hazing rituals by Sigma Chi.” According to Mason court documents, the Judicial Board “rendered a decision and found Sigma Chi guilty of three of the four charges.”  The board then recommended that “Sigma Chi’s recognition as a GMU fraternity be revoked and Sigma Chi should not be allowed to apply for reinstatement until Sept.1, 2016.”  Dean Patterson “accepted the Judicial Boards’ finding and recommended sanctions.”

Sigma Chi court documents state that the fraternity “appealed the decision to [vice president of University Life Sandy Hubler], who denied the appeal outright without addressing any of the issues raised therein.”  In the letter dated June 2, 2006, Hubler writes, “you failed to provide new evidence, identify a defect in the proceedings or specify a standard of fairness that was abridges. Consequently your appeal is denied.” On June 2, 2006, the university maintained its decision to “accept the Judicial Board’s finding and recommended sanction,” according to Mason court records. 

Currently, Sigma Chi is unrecognized as an organization by Mason and is “prohibited from participating in recruiting activities for the duration of the  ten year suspension,” read the fraternity’s court records.  The fraternity filed a motion for a Preliminary Injunction that the 10 year suspension be lifted, so that the organization can recruit new members and “avoid further harm as a result of the unconstitutional suspension imposed by GMU.”