Beta suspension taken to next level

The Beta Theta Pi fraternity at UCF is not the first in school history to be suspended from campus. 

It is, however, one of the first fraternities to appeal the university's decision in the Florida state court system. 

Beta Theta Pi at UCF was suspended for two years by the UCF Student Conduct Board in February. The fraternity was involved in an investigation in November 2008 in Oxford, Ohio, facing charges of sexual misconduct, vandalism and destruction of property. The UCF chapter was in Oxford for a national initiation ceremony at Miami University.

"In this case, we feel as though the pattern of behavior of a few does not define the entire mentality of the fraternity," said Judson Horras, an administrative secretary with the national Beta Theta Pi organization. "This is the chapter's first violation of our policy, and we feel like there are a significant number of students within the chapter to correct the problems."

Horras said the national organization is supporting its UCF chapter throughout the case against the university. He said he has  personally traveled to Orlando multiple times to help and offer advice.

"What has been confirmed are alcohol violations and damaged property," Horras said. "Which the fraternity has taken full responsibility for."

According to the original Oxford Police Department report, Brittany Kame, a Miami University student in Oxford, told officers that she was raped by multiple members of the fraternity in their hotel room on Nov. 23, 2008.

"The girl who was involved later retracted her original claims," said Jordan Kramer, the attorney representing Beta Theta Pi in the case against UCF. "She later admitted to only having sex with one person, a UCF alumnus, and that she was very intoxicated at the time." Kramer is an attorney with Howze, Monaghan, Theriac & Kramer, PLC. in Brevard County. He originally represented one of the two fraternity members who faced individual charges from UCF. Although both individual cases were dismissed, Kramer decided to also represent the organization in its plight to fight against the suspension.

After facing the decision of suspension from the university in February, Beta Theta Pi appealed the conduct board's ruling in May, but it was once again denied by the university.

"For months, UCF has worked with Beta Theta Pi to discuss and resolve the differences we have concerning an organizational suspension that stemmed from an out-of-state fraternity event," said Grant Heston with UCF News & Information. "Per university policy, pending litigation from Beta prevents further discussion at this time."

On June 2, the fraternity again appealed the ruling, this time to the Florida Fifth District Court of Appeal.

In early August, members of both the fraternity and UCF administration met with a state-appointed mediator to try to come to a compromise, but they never came to a resolution, Kramer said. 

In the fraternity's appeal, the organization called for a motion to stay, which would grant them rights as a registered organization on campus until the final decision was made by the court.

"In our motion to stay, we asked that the court issue a decision relatively quickly since time is of the essence," Kramer said. "By not being allowed to participate in Greek life events in the beginning of the semester, the fraternity's ability to operate in the future would be greatly affected with each passing day." 

On Wednesday, Aug. 26, the Florida Fifth District Court of Appeal denied the fraternity's motion to stay, ultimately leaving Beta Theta Pi on suspension until further notice.

"We are pleased that the court declined to intervene in the disciplinary procedures of the university," said Christine Dellert with UCF News & Information. "While this matter has many stages left before the court makes a final decision, we continue to believe that UCF's conduct review process is a fair system that includes input from students and faculty and staff members."

Youndy C. Cook, with the associate general counsel at UCF and the attorney representing the university, refused to comment on the case.

If the university were to lose the case, the next step would be for UCF to appeal the decision to the Florida State Supreme Court. 

"This sort of legal action is not a cheap process," Kramer said. "I would be shocked if the university took it to that level." 

Kramer said Beta Theta Pi will remain inactive and wait for the court's decision on whether or not the suspension should be lifted completely.

If the motion had been approved, Beta Theta Pi would have been able to operate as any other Greek life organization until the court's final decision of the suspension was announced. This includes participation in rush and other activities.

Members of the Beta Theta Pi fraternity at UCF did not return phone calls or e-mails at time of publication. Horras said he is not worried about the future of the fraternity.

"We are currently reorganizing the chapter," Horras said. "A significant number of members from the past year will no longer be with us this fall."

Whether or not the court decides to rule in favor of the fraternity, Kramer said that the case is far from over.

Kramer said that individual members of the fraternity have outsourced to other attorneys, including those who represented the Duke lacrosse team members in 2006 when they faced charges of rape, for legal action personally against the university.

"Individual members of the fraternity and their parents have expressed a great interest in continuing this further," he said. "This is only the beginning. This case is far from over."