• the behavior in question was committed by, condoned by or involved organization officers or a significant number of organization members or guests. Alpha Delta Kappa Sigma Alpha Kappa Lambda Sigma Phi Epsilon Kappa Delta Beta Theta Pi Kappa Kappa Gamma Alpha Delta Pi Pi Beta Phi Sigma Kappa Chi Alpha Omega Gamma Rho Alpha Tau Omega Alpha Chi Omega ... WASHINGTON STATE UNIVERSITY CAMPUS MAP TOP 10 1 CUB & The Bookie—Buy your Coug gear here. AKL subsequently filed a petition for judicial review to the Whitman County Superior Court. Omega Psi Phi (ΩΨΦ) is an international historically Black Greek-lettered fraternity.Founded on November 17, 1911 at Howard University in Washington D.C., Omega Psi Phi has chartered chapters at various colleges, universities and cities. B.M. ¶ 22 A mantel in the annex was painted with the number 420, which signified that it was marijuana friendly. During the entire investigation, a total of four grams of cocaine was purchased. ¶ 57 Our Supreme Court explained that this rule “is more than simply a technical rule of appellate procedure; instead, it serves an important policy purpose in protecting the integrity of administrative decisionmaking.” King County v. Wash. State Boundary Review Bd., 122 Wash.2d 648, 668, 860 P.2d 1024 (1993). ), the live-in advisor (N.H.), and the social chair (E.S.) Id. v. U.S. Envtl. This evidence includes information regarding C.S. ¶ 38 For example, although initial information regarding B.B. However, during the fall of 2007, he remained a frequent guest at AKL parties and participated in AKL events, including a special event at the annex involving his pledge class, at which he wore an AKL t-shirt created for the event. AKL appeals, arguing that the Conduct Board's findings are not supported by substantial evidence and that the sanction imposed is arbitrary and capricious. The admissibility of the evidence is a matter addressed to the discretion of the chair of the student conduct board. Est. 's knowledge of C.S. acknowledged that B.B. Here, in contrast, several key players-N.H., B.M., and E.S.-were either present at the hearing or appeared by telephone. The Whitman County Superior Court upheld the decision and sanction. The decision was made on Feb. 21 following a conduct hearing on Feb. 13. The chapter is not authorized to operate within the WSU Community. And you know, [AKL was] trying to get rid of.” CP at 306. ¶ 3 Rules Governing Fraternities at WSU. Heinmiller v. Dep't of Health, 127 Wash.2d 595, 609, 903 P.2d 433 (1995); Keene v. Bd. ¶ 4 In order to be recognized by WSU, a fraternity must sign and comply with the terms of the fraternal organization agreement (FOA). The Whitman County Superior Court upheld the decision and sanction. Mr. Slivinski acknowledged there were about 12 or 15 AKL members who “have been the sore in this whole process.” CP at 306. 1999 April 11th. E.S. Given the amount of drug activity on the part of your members, however, we found that implausible. Mr. Slivinski also acknowledged that the “majority” of the pledge class “is involved with people that have been expelled or are being expelled as well as people that will be under review after this hearing.” CP at 303. at 596, 13 P.3d 1076. We conclude that the Conduct Board's decision and sanction were supported by the evidence and that a preponderance of the evidence established AKL's violation. 's drug dealing, and B.M. For purposes of RCW 34.05.570(3)(e), substantial evidence is “a sufficient quantity of evidence to persuade a fair-minded person of the truth or correctness of the order.” Callecod v. Wash. State Patrol, 84 Wash.App. ¶ 32 When reviewing the decision of an administrative board, the appellate court stands in the same position as the superior court. All rights reserved. was selling cocaine. Id. Comm'n, 125 Wash.2d 805, 812, 888 P.2d 728 (1995). had purchased drugs from B.B. Instead, AKL admitted that it had failed to have a live-in advisor at the AKL house, as required by the FOA. During the interview, N.H. told the detective that B.B. AKL further claims that the entire fraternity was punished for the actions of only two members and one occasional visitor that were found to be in violation of WSU policies. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. In a news release, CEO of the organization, Jeremy Slivinski, wrote that closing the chapter was not an ideal solution, but that student safety was a priority for both the fraternity and university. After that one was done, a second controlled buy was arranged. ¶ 58 Here, AKL argues that WSU's procedural deficiency and inconsistency in the policy it alleges was violated, cannot support WSU's sanction. Washington State University Centennial Diggs: Report of 1984-86 Investigations. contacted police and began proceedings to expel B.B. CP at 50. In the experience of board members, 420 indicates that a place is “marijuana-friendly.”. 's cocaine dealing, initial information from a confidential informant was proven correct by Detective Patrick's subsequent arrest of B.M. Id. The risk manager (C.H. until Mr. Wuthrich called M.W. 's cocaine dealing. Washington State University's Alpha Kappa Lambda fraternity chapter will close after 90 years on campus, according to a press release from the fraternity's headquarters. The decision was made on Feb. 21 following a conduct hearing on Feb. 13. Accordingly, we affirm the decision and sanction of the WSU Conduct Board. ¶ 56 As WSU correctly argues, the APA limits a petitioner's ability to raise issues for the first time on appeal. ¶ 36 Here, the admission of evidence from confidential informants did not constitute procedural error. (AKL president through December 2007) and N.H. were aware of C.S. ¶ 13 Detective Bryce Nebe and Detective John Patrick from the Quad Cities Drug Task Force testified about several controlled buys of cocaine. Reviewing courts grant substantial weight to an agency's interpretation of its own rules. Specifically, WAC 504-26-403(4)(a)(xi) provides that the formal rules of process, procedure, and technical rules of evidence, such as are applied in a criminal or civil court, are not used in student conduct proceedings. AKL argues that the only evidence supporting these charges is hearsay or double hearsay from criminal informants. ¶ 7 Proceedings Involving AKL. A fraternity recognized by WSU has access to WSU privileges and services, including facility use, organizational and recruiting activities, advising, and training sponsored by various WSU offices. Detective Patrick further testified about an armed robbery that took place at the annex. In Alpha Eta, the court held that a fraternity was denied its right to cross-examine witnesses because all of the evidence at the conduct hearing constituted inadmissible hearsay in the form of videotaped interviews or testimony of officers summarizing the results of their investigations. The Conduct Board hearing convened on February 13, 2008. Property of WSU Alpha Kappa Psi, Inc. ¶ 50 As set forth above, WSU's group accountability statement states the circumstances under which a fraternity will be held accountable for the actions of its members or guests. Chapter President M.W., and National Executive Director Jeremy Slivinski represented AKL. Detective Nebe testified as follows: At that initial meeting, my informant was offered to purchase cocaine from [B.B.] You said that no one in the house knew that drugs were being used and sold. had participated in an armed robbery for drugs at the annex. We accept the fact finder's determinations of witness credibility and the weight to be given reasonable but competing inferences. ¶ 59 Arbitrary and Capricious Sanction. Thus, the petitioner must show that (1) the agency did not correctly follow its own procedure, and (2) the irregularity substantially prejudiced the petitioner. & Transp. ¶ 26 Mr. Slivinski testified that B.B. ¶ 47 Substantial Evidence. Clerk's Papers (CP) at 41. had not been expelled as of the time of the Conduct Board hearing. N.H. said that he and another AKL roommate at the joint knew that B.B. October 24, 2017 Alpha Kappa Lambda was put on temporary suspension Tuesday evening by the Interfraternity Council. 454, 463, 199 P.3d 1043 (2009). ¶ 33 AKL contends that the Conduct Board's finding that there had been use and distribution of illegal drugs at the AKL house and on other AKL property-that was countenanced by the AKL leadership-was not supported by substantial evidence. Energy Nw. Puget Sound Growth Mgmt. Headquarters Status . and AKL's advisor, Mr. Slivinski, were provided with complete copies of AKL's conduct file. ], had been robbed at gun point of four pounds of marijuana. In addition, recognized fraternities are eligible for approval to house freshmen, who are required to live in WSU-approved housing. ¶ 63 Here, the Conduct Board's decision to impose a five-year period of nonrecognition was based on substantial evidence showing numerous violations of law and WSU policy, committed by many officers, members, and guests of AKL.5 AKL's culture permitted illegal drug and alcohol use and distribution, as well as routine disregard of WSU policies. Accordingly, we review the Conduct Board's decision, not the superior court's ruling. Detective Patrick testified that he spoke to J.H. Co. v. Utils. had been dealing drugs. 's drug dealing in the spring of 2007, but continued to allow C.S. Loss of Recogntion. Preferred Citation [Item description] Washington State University Office of Student Media Chinook Photographs, 1955-1984 (PC 186) ... Alpha Kappa Lambda sisters. 's apartment led to the discovery of significant quantities of Ritalin and Adderall, packaging material, and a digital scale with cocaine residue on it. PULLMAN —The WSU Conduct Board has revoked university recognition of Alpha Kappa Lambda, a fraternity found responsible for violating university policy and selling drugs on its premises. ¶ 53 Finally, a significant number of AKL officers, members, and guests were involved in illegal activity. However, AKL misconstrues the rule which requires WSU to identify witnesses and describe evidence only to the extent known. v. Hartje, 148 Wash.App. PULLMAN —The WSU Conduct Board has revoked university recognition of Alpha Kappa Lambda, a fraternity found responsible for violating university policy and selling drugs on its premises. WSU's Alpha Kappa Lambda fraternity, which has been shut down. However, several of your members-after being arrested on drug-related charges-were expelled from the chapter. Evidence will be viewed in the light most favorable to WSU as the party who prevailed in the highest administrative forum that exercised fact-finding authority. Loss of Recognition Until May 2020. E.S. Cole, 128 Wash.2d at 287-88, 906 P.2d 925. Fraternity reviews and ratings for the Alpha Kappa Lambda chapter at Washington State University - WSU - Greekrank Thus, we decline to further consider this issue. ALPHA KAPPA LAMBDA FRATERNITY, Appellant, v. WASHINGTON STATE UNIVERSITY, Respondent. Although some of the information presented at the hearing originated from confidential informants, this information was corroborated in numerous respects by the police detectives' personal knowledge, as reflected in their testimony and written reports, and other evidence. 's testimony was not credible. Comm'n, 134 Wash.2d 48, 62, 949 P.2d 1321 (1997). 's knowledge of C.S. Property of WSU Alpha Kappa Psi, Inc. ¶ 12 Evidence and testimony presented at the hearing showed drug-related activity by AKL officers, members, and guests occurring on AKL property and at AKL-sponsored events. We focus on helping students through professional development like resume building, cover letter workshops, LinkedIn development, elevator pitches, and networking. Moreover, the court's decision in Alpha Eta was based in large part on the university's violation of its own rule, which granted students an unequivocal right to cross-examine adverse witnesses. No matter what their major, Alpha Kappa … The crib note indicated that several other AKL members and officers owed B.B. had been living at the joint and was selling cocaine out of the house. CP at 251. was arrested for intimidating a witness after an altercation outside a bar. Text messaging records showed that N.H. told the witness's boyfriend that she needed to stop talking to police about N.H. ¶ 20 Detective Patrick interviewed N.H. following his arrest. ALPHA KAPPA LAMBDA ETA CHAPTER EST. CP at 310. M.W. and the individuals. IFC. testified that in order to get into an AKL function or party, you had to be a member of AKL or you had to know someone who was a member. ¶ 9 Also on February 5, 2008, Mr. Wuthrich sent a memorandum notifying M.W. You initially denied this charge, saying that there was no evidence that underage drinkers were ever provided with alcohol. Thus, hearsay is not a valid basis for excluding evidence in a student conduct proceeding if reasonable members of the university community would rely on the information in the conduct of their affairs. There was evidence that newer AKL members were unfamiliar with AKL's policies regarding drug and alcohol use and that the person responsible for educating new members about ALK's policies, B.B., was dealing cocaine. 849, 859-60, 894 P.2d 582 (1995) (noting that the suspension of an accountant's license for five years was a harsh sanction, but declined to find it arbitrary or capricious). 587, 596, 13 P.3d 1076 (2000) (quoting City of Redmond v. Cent. ¶ 35 RCW 34.05.570(1)(d). ¶ 52 Second, even those officers who may not have been involved in the drug activity failed to take reasonable precautions to stop it. AKL bears the burden of showing that the Conduct Board's decision was invalid. The Lovely Sisterhood of Chi Delta Sigma Sorority, Inc. Chi Sigma Alpha National Sorority, Inc. Gamma Alpha Omega Sorority, Inc. Gamma Iota Omicron Fraternity, Inc. Kappa Delta Chi Sorority, Inc. Lambda Phi Epsilon Intl Fraternity, Inc. Lambda Theta Alpha Latina Sorority, Inc. AKL did not begin proceedings to expel R.C. testified that the morning of the hearing was the first time he had been notified AKL was going to initiate proceedings to expel him from the house. Learn more about our sisterhoods below. UPDATED: Wed., April 19, 2017. From Marketing to Mathematics, from Engineering to Communication, Alpha Kappa Psi is a co-ed business fraternity open to all majors. Your “New Member Educator” ( [B.B.] came to his attention via a confidential informant, who told him E.S. As AKL points out, that informant was subsequently fired for not following some of the police department's rules and regulations. at 56. We also conclude that in light of the evidence of AKL members' distribution and use of drugs, the five-year sanction was not arbitrary or capricious. ¶ 48 The substantial evidence standard, like the arbitrary and capricious standard, is “highly deferential” to the agency fact finder. “they didn't care what he did as long as he didn't keep large quantities in their house and he didn't sell out of the house.” CP at 185. Thus, a number of AKL's officers condoned and participated in drug activity. WAC 504-26-403(4)(a)(x). The folllwing is a … In Fall 2014, Delta Lambda Phi, a gay, bisexual, and progressive men's organization, established a colony at WSU. RCW 34.05.570(1)(a). Copyright © 2021, Thomson Reuters. We agree. In addition, N.H. admitted to the detectives that he owed B.B. ¶ 61 “If there is room for two opinions, a decision is not arbitrary or capricious if it is made honestly and upon due consideration, even though we think a different conclusion might have been reached.” Bowers, 103 Wash.App. to frequent the AKL house and attend AKL functions. (a known drug dealer) on at least two occasions. Therefore, in each case, other evidence proved, or strongly corroborated, information that may have originated from a confidential informant. of Accountancy, 77 Wash.App. Beta Lambda Consulting student associates, "These Hands Dont Haze" campaign for National Hazing Prevention Week, National Hazing Prevention Week / Corn Roast in the Park Brotherhood, Beta Lambda at The Principled Business Leaders Institute 2016, Vounteering at the Halloween Kid's Carnival, Beta Lambda Concession Stand - Fall Football Season. both tried to cover up AKL's drug activity by threatening or intimidating witnesses who spoke to police. ¶ 21 Detective Patrick testified that several other AKL members, including R.C., AKL's secretary, were also involved in drug activity. later admitted to Detective Nebe that J.V., another AKL member, owed him $140 for two grams of cocaine. Mr. Slivinski stated that he identified 12 to 15 AKL members who “have been the sore in this whole process. and the search of his residence. ¶ 30 Petition for Judicial Review. ¶ 62 The Conduct Board has the authority to determine appropriate sanctions in student conduct proceedings. N.H. and B.M. Microsoft Edge. ¶ 27 Conduct Board Decision and Administrative Appeal. On February 21, 2008, the Conduct Board issued its decision. The suspension came after AKL was suspended by both WSU and the organization’s headquarters, according to a news release and confirmed by Mitchell Weholt, IFC’s Director of Public Relations.