Phi Delt Is Worth It

Foreword:  Below you will find a very well written and important plea to the University Administration about legal action recently instituted by Phi Zeta Delta, known previously as Phi Delt, and the Phi Delt Corporation.  Why is this important?  Mainly for two reasons. One is the on-campus preservation of a robust Greek Life institutional structure.  The other is to assure that in serving its customers and their families that students be provided with an historic hallmark of American life, the rightful access to due process.  

The Generals Redoubt works with both alumni and students to preserve the history, values and traditions of the University.  Many of our supporters belong to Greek organizations.  When joining, they made choices based on the value systems offered; find opportunities for leadership growth; and learn to manage regulatory issues and environments they will encounter in some form during life after college.  This provides a practical education in citizenship.  Further, Greek Life is a highly effective way to help create community; a powerful, life-long skill set.  And some choose to stay active in it for a lifetime.  I am one of those brothers/sisters, having in 2018 helped create a chapter for Phi Gamma Delta at The College of William and Mary where I serve as its senior graduate brother advisor.

To assure the maintenance of good order, being part of a campus community requires that students know their rights and live under well-known administration and faculty rules and regulations.  It is important for everyone to know the rules and understand the process for administrating and enforcing them.  This is particularly true of Greek organizations, which appear to be closely scrutinized for potentially egregious behaviors such as hazing or alcohol and drug abuse.  For the most part, if discipline is needed, it appears to be meted out in doses appropriate to the issues at hand.  The return of Sigma Nu to campus life indicates that the current regulatory process can work successfully. When you read the letter below, written by 2024 parents Anna and David Rich, you may sense possible due process errors exist that need attention.  I will leave that judgment for each of you to make individually.

Fraternities and sororities have been positive contributors to W&L’s campus life.  It is important this role be viewed constructively and that administrative due process rights be fully respected.  The Rich’s letter is meant to assure that due process at Washington and Lee stays in its lane and be applied fairly and judiciously.  We are hopeful a satisfactory settlement may be reached that will allow Phi Delta Theta to return to its historic place in campus life.

Tom Rideout ’63 ‘P91

Chair, The Generals Redoubt

Phi Zeta Delta, formerly Phi Delta Theta and colloquially known as Phi Delt, and the Phi Delt Housing Corporation are taking legal action against Washington and Lee University in response to the W&L administration’s actions last year, which included improperly conducting disciplinary hearings against Phi Delt and unlawfully seizing the Phi Delt house.  We have a strong case and excellent attorneys.  For months we implored the Dean of Students and her staff, President Dudley, and others within the W&L administration to intercede but were dismissed.  As a last resort Phi Delt and its friends pursued litigation because we have a legal right and moral obligation to defend this fraternity from W&L’s abuse and the seizure of the fraternity house.

This effort is supported by a large number of students, alumni, friends of Greek life, and parents who have been shocked by W&L’s appalling behavior.  The depth and breadth of outrage among the Phi Delt community stems from W&L’s categorically false and unfounded allegation that a pledge was physically abused.  W&L benefits by taking the fraternity house through these illegitimate methods and the denial of valuable leasehold rights of the fraternity by imposing a minimum five-year suspension—a death sentence to the fraternity.  Without students in each class contributing to pay for rent, a food plan, and dues, the burden becomes too much for a fraternity to start over.  Without a house to congregate in, study, eat, live, and host visiting alumni and parents, the fraternity struggles to survive.

W&L’s Allegations vs. Our Facts

The principal allegation against the fraternity is that Phi Delt brothers attacked—violently assaulting and potentially stabbing—a pledge in Leyburn Library on January 28, 2023. Nothing of the sort occurred.  In fact, nothing at all occurred. 

With oversight from W&L Deans, the Interfraternity Council (IFC) held a kangaroo court in contravention of W&L’s own rules. The IFC played the role of the Red Queen: verdict first, no defense allowed. No first-hand evidence has ever been presented; only anonymous hearsay and double-hearsay testimony was offered at hearings which took place without Phi Delt’s participation or, initially, knowledge. Phi Delt was not allowed to present evidence until after it had been found guilty by the IFC, during the appeals process.

On appeal, Phi Delt presented the following, with sworn first-hand evidence by direct witnesses:

Denial of any hazing by the alleged victim in a sworn written statement (under penalty of perjury and the W&L honor code)

1. Denial of any hazing by all Phi Delt officers and all pledges in sworn written statements (under penalty of perjury and the W&L honor code)
2. Written certification by the parents of the alleged victim that no hazing occurred and their objection to inappropriate pressure W&L officials and Deans placed on their son, a Johnson Scholar, to lie and violate the honor code by stating otherwise
3. Shortly after becoming aware of the anonymous allegations, the alleged victim visited the campus health center specifically for the purpose of having medical personnel inspect his person to prove there was no injury.

W&L Public Safety conducted some degree of investigation. After repeated requests to obtain a copy of the report were denied, a small number of Phi Delt brothers were allowed to briefly view a written summary.  This report was utterly amateurish and worthless, alleging ritualistic stabbings and carvings of members, among other fanciful events which are easily disproven.  Significantly, a forensic report was prepared by a legally trained medical expert on behalf of Phi Delt which absolutely refuted the W&L Public Safety inexpert conclusions.  W&L also refused Phi Delt’s requests for exonerating video and swipe log evidence from the Leyburn Library for the night at issue.

Procedural Abuses

While there are a host of issues to consider related to this injustice, we will focus on only a few here:

Failure to Use the Appropriate Conduct Body. Phi Delt has not been affiliated with a national Greek fraternity for many years, with the full knowledge of W&L.  The disciplinary and conduct process W&L applies in respect to local Greek organizations differs from those applied to Greek chapters affiliated with national organizations.

The Student Handbook requires the Student Judicial Council (SJC) to govern local Greek organizations, offering procedural and other safeguards that are much more robust than those afforded by the IFC for Greek chapters affiliated with national organizations, including notice of charges levied and the right to a SJC hearing to contest the allegations, representation by a W&L law student trained in the school’s procedures, and the opportunity to view evidence and cross-examine witnesses. W&L ignored its own rules, instead opting for an IFC proceeding held in Soviet-style secrecy and offering none of the due process protections afforded by the SJC. 

Failure to Adhere to the Plain Language of the Lease. Phi Delt’s lease binds it to W&L’s “Fraternity Standards,” and an amendment to the lease refers to an obligation to be bound by W&L’s “Standards for Fraternities.”  These standards were in an exhibit to the lease that is missing; neither side can find the document. However, both sides agree that we should instead refer to the standards outlined 2022-2023 version of the W&L Student Handbook which was in effect at the time of alleged hazing and breach of contract. Those Fraternity Standards called for Phi Delt to be tried before the SJC rather than the IFC.

Prior to the current lease, Phi Delt and other fraternities owned their houses, but the houses were purchased by W&L, renovated, and leased back to the fraternities as part of the Renaissance Project. Many alumni with direct knowledge of the Renaissance Project remember that W&L promised it would not try to later seize the houses.  Those same alumni also recount being bullied and forced into participating in the project.

Phi Delt contends that W&L clearly breached the lease because Phi Delt was not in front of the SJC in accordance with the obligations in the Fraternity Standards published in the Student Handbook.  W&L contradicts its own policies and now claims either the Student Handbook is not part of the lease, or if it is, then the only portion that applies is the section dealing with national fraternities. Virginia has a very high bar for terminating rights in real estate, and because W&L lawyers drafted the original lease, any ambiguities should be interpreted in Phi Delts’ favor.

Failure to Use a Preponderance of Evidence Standard.  A disciplinary conduct hearing in front of the IFC, even with its much less robust due process safeguards for students, was charged with at least following a “more likely than not” preponderance of evidence standard when evaluating competing evidence. A preponderance of the evidence test requires that a tribunal reasonably determine, based on evidence duly presented, that it was more likely than not that the alleged acts occurred, in the manner alleged, based solely on the evidence presented.  This threshold was not met in the Phi Delt case; it was not even attempted.  All of the hazing allegations against Phi Delt were hearsay or double hearsay—not one was supported by first-hand evidence. Hearsay is an inherently unreliable form of evidence, often not permitted at all because it does not allow for the confrontation and examination of the primary witnesses.  Each and every one of the hearsay allegations made against Phi Delt was rebutted in full by sworn documentary first-hand testimony.  Over the last few months, many students and parents have reached the conclusion that the reason these anonymous witnesses did not come forward is because they do not exist or their statements were completely fabricated.

W&L’s conclusions in this matter required it to reject simple and straightforward facts and sworn testimony, and thereby violate its obligations by placing a higher probative value on hearsay, double hearsay, conjecture, guesswork, and anonymous sources.  If direct sworn first-hand testimony evidence was not sufficient to overcome hearsay and double hearsay allegations in the judgment of W&L, then one needs to ask what would be sufficient?  One cannot, for example, submit video evidence capturing events that did not occur. The evidentiary standard used by W&L cannot be reconciled with a preponderance of the evidence test nor can it be reconciled with their own rules.  It certainly cannot be reconciled with common sense and simple logic.

Harmless Pledge Practices. W&L also claimed that Phi Delt required pledges to assume a “face-down” push-up position from time to time, and that its members occasionally exchanged ungentlemanly jokes.  Phi Delt did not use “face-down” as punishment and never endangered pledge health or safety. Notably, “face-down” activity is not even identified as hazing by either the Commonwealth of Virginia or by W&L itself; lying on one’s belly is not per se harmful.  With respect to ungentlemanly jokes, Phi Delt admitted this may have occurred in isolation, but there was no institutional endorsement.

Common Sense. If a new member of Phi Delt was in fact so violently and ruthlessly attacked in the library, then all of us – especially the parents – would want to see justice done. We would insist that the Lexington Police attempt to find the assailant immediately.  No individual assailants have been named, or even suggested.  That is because the alleged event did not happen, W&L, its leadership and staff know it did not happen, and the continuance of this matter is a lie and a travesty.  The Dean of Students was entrusted with confidential written evidence by the alleged victim that the University Board of Appeals found to be exonerating (which he was not comfortable sharing with peer students on the IFC), and we suspect this information was also shared with others in the administration. The fact that W&L’s Public Safety, IFC, university Deans, and their lawyers have devoted so much time, effort, money, and energy to these intramural proceedings, while simultaneously remaining strangely incurious on the topic of actually finding and punishing the purported violent assailant, proves as much and entirely depletes their credibility.

Case Status in Circuit Court

We are extremely confident in our legal position. Phi Delt has now defeated four W&L motions to dismiss our claim for breach of the lease to the Phi Delt house. We anticipate that W&L will now pivot to a strategy of attrition, designed to maximize legal fees and lengthy delays as opposed to settling. 

The Phi Delt House and the Campus Greek Culture

W&L alumni and friends of Greek life who are not Phi Delts should care about this injustice because this is only nominally about Phi Delt.  This path for railroading a Greek organization will happen to the other fraternities, it is only a question of when.  The administration, overly zealous Deans, and others who despise traditional Greek life or merely covet the real estate surrounding Red Square and elsewhere now have a proven playbook.  The Phi Delt example includes one or more anonymous accusers, no first-hand evidence, a failure by W&L to follow its own rules and its binding lease obligations, a total disregard for the honor code, and no practical ability to defend oneself, followed by a suspension and termination of real property rights.  We submit that this ought to be of grave concern for the entire W&L community. 

Historically, we have had the greatest respect for W&L.  David attended VMI and the best man in our wedding and the godfathers of both of our sons are W&L alumni.  We are not one of you, but we often feel that we know you—we understand the love and pride you feel for W&L. The school was more than Dartmouth with warmer weather, culturally distinct from its Northern liberal arts counterparts.  Our son, Henry Rich ‘24, had the deepest desire to attend W&L from a very early age, but his high school’s college counsellor advised against “wasting” his early decision selection on W&L because it was too much of a long shot.  Henry did so anyway and when he was accepted our entire family shared tears of joy.  

In the Fall of 2020, Henry arrived on campus in the teeth of the then-fresh COVID-19 restrictions.  Joining Phi Delt, a fraternity of athletes, musicians, scholars, and true friends, was the best decision of his freshman year.  The 15 Phi Delts who graduated with the Class of 2024, none of whom is a violent criminal, are among the finest W&L has to offer.  Two commissioned into the U.S Army Infantry following graduation on May 30 in front of Lee Chapel, and a third plans to attend Officer Candidate School for the U.S. Marine Corps later this summer.  Others have planned careers in accounting and law, with many attending graduate school this fall. In the fullness of time, these young men will be our next generation of husbands and fathers—maybe even W&L parents one day.

W&L should be ashamed of itself for its treatment of these students and its disgraceful disregard for the truth and their reputations. But even well before these false allegations arose, one day two years ago we asked Henry how school was going, and he replied, “Mom, they hate us,” meaning the school’s administration hates its own students.  We respectfully submit to you that something is deeply wrong at W&L, of which this Phi Delt injustice is only a small representative part.

WE NEED YOU HELP!

Anyone who would like to join the fight to right this wrong, anyone who wants to let the current administration know that a large and growing number of concerned alumni, parents, and friends care about fairness, substantial justice, and due process at W&L, should please consider donating to the 5 West Henry Street Preservation Fund, c/o Rafael X. Zahralddin, 601 Old Kennett Road, Wilmington, DE 19807.  

Anna and David Rich, P’24