Appellate Board upholds ATO decision

6:36 p.m., April 8, 2005--The University of Delaware Appellate Board has upheld the March 15 judicial hearing decision that the Epsilon Rho chapter of the Alpha Tau Omega (ATO) fraternity violated the Student Code of Conduct, and the fraternity will be suspended through the spring semester 2009.

In order to allow the students to complete the academic year without having to search for alternative housing, the University will allow the members to remain in the fraternity house at 153 Courtney St. through May 28, the end of the academic year, as long as they abide by four sanctions.

The sanctions, which take effect immediately, are

No alcoholic beverages may be consumed, used or present in the house, regardless of the age of any occupant or other person present;

No more than 10 non-members may be in the house at any time;

ATO cannot participate or be represented in any activities sponsored by the University or the Interfraternity Council for greek organizations or in which greek organizations may participate; and

ATO and its members must abide by the University’s Student Code of Conduct.

After May 28, the fraternity is suspended and may not recruit members; engage in social functions of any type; use University buildings, facilities, property and equipment; use any other campus services; or solicit funds for the organization.

The fraternity received a formal letter informing them of the Appellate Board’s decision April 8, and ATO members were also informed of the decision via e-mail.

The fraternity was found guilty March 15 of violating the Student Code of Conduct and suspended through the spring semester 2009, and it chose to appeal the decision. The charges included two counts of endangering the lives or safety of others and one count of failing to comply with Delaware alcohol regulations.

The March hearing was the second hearing ATO had on several alleged violations of the Student Code of Conduct that occurred at a Sept. 12, 2004, party at the fraternity house. The University granted a rehearing of the case in February, after it learned that an e-mail sent by fraternity officers requesting a rescheduled hearing was never received. The fraternity had requested a rescheduled hearing because an adviser would not be able to be present on the scheduled date.

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