Md. fraternities cite First Amendment rights
Petitioning federal judge to step in, reinstate operations
Some of the fraternities suspended by the University of Maryland, College Park are asking a federal judge to step in and reinstate operations over what they say are violations of their First Amendment rights.
Attorneys representing four fraternities and three students on Wednesday filed a petition for a temporary restraining order and preliminary injunction against the university and several officials.
The filing to Timothy J. Sullivan, a magistrate judge of the United States District Court for the District of Maryland, centers on a March 1 letter to Greek-letter organizations that prohibits students from communicating with potential new members and all social events involving alcohol. The order applied to 37 fraternities and sororities in the Interfraternity Council or the Panhellenic Association. “You may wish to review the Code of Student Conduct and the University’s Hazing Policy,” James Bond, the director of student conduct, wrote in the letter.
Bond also said in the letter that the university would investigate allegations of misconduct and warned students that the university would pursue disciplinary actions against any students who attempt to coordinate responses, deceive investigators or provide false information.
“The purpose behind this restriction is to implement a pause on new member activities while the University completes its investigation into widespread allegations of health and safety infractions in organizations’ new member intake processes,” James McShay, the interim director of fraternity and sorority life, wrote in a follow-up letter to students March 6.
The plaintiffs’ attorneys argue in the motion filed Wednesday that the judge should intervene and reinstate “full operations.”
“We have seen no court filing on this, so we won’t have a comment,” university spokesperson Sara Gavin said Wednesday evening
The university first issued the contact ban as well as an immediate social moratorium for new membership activities and hosting of events, on or off campus, with alcohol present March 1. The letter references a Feb. 29 emergency meeting at which chapters were warned that further allegations of misconduct could result in cease-and-desist orders.
“Despite that warning, additional incidents regarding fraternity and sorority organizations were reported today,” Bond wrote March 1. “Current members of the organization are to have absolutely no contact with any new member or prospective new member.”
The March 1 letter banned all communications between fraternities and sororities and prospective new members without specifying exceptions. The March 6 letter clarified that the communications order did not apply to school, work, other student groups or any other topics of conversations outside Greek-letter organization-related activities.
“That members of these chapters may not speak to one another about what the University is doing is clearly an infringement upon First Amendment freedoms of speech,” attorneys Alfred Dumetz Carry from Washington D.C.based firm McGlinchey Stafford and Micah Kamrass from Cincinnati-based firm Manley Burke wrote in the petition.
The Alpha Psi chapter of Theta Chi fraternity, Betta Kappa chapter of Kappa Alpha order, Epsilon Delta chapter of Alpha Sigma Phi fraternity, Epsilon Gamma chapter of Alpha Tau Omega fraternity and three unnamed fraternity members are listed as plaintiffs. McShay, Bond, Vice President for Student Affairs Patricia Perillo, President Darryll Pines and the university are named as defendants.
Letters to the university officials dated Wednesday give a three-week deadline to respond to the complaint.