.jpg)
This posting is for my student affairs colleagues. The Rider University situation (see previous post) definitely has everyone buzzing. The following is a conversation I've had with Rick Barnes, one of our CAMPUSPEAK speakers, about the potential short and long term effects of the case. It's a lengthy post, but hopefully it will add to the discussion. Rick and I have no info other than what has been publicly released, and neither of us is a lawyer, so the following is just our speculation and discussion.
TJS
This situation at Rider University, with the Dean of Students and Greek Life Advisor criminally indicted for aggravated hazing, is sending a ripple of worry through the student affairs field. Student life professionals have long understood the possibility of being named in a civil suit, but this is the first case I’ve heard of a grand jury indicting on criminal charges.
RB
Me too - when I read your original blog entry about this and then the DA press release my first reaction was "Duke Lacrosse." Sounds like an overzealous prosecutor. But, given that the Greek Advisor was personally named, I also wondered what we don't know. Did the school "approve" the initiation activities? Were they actually present at any of it? Were they made aware of the drinking game and can't show proof that they did anything about it? Of course, it’s too early for the public to know all the details that led to the indictment.
TJS
Is there realistically any school these days that isn't working with SOME knowledge of illegal activities? Isn't it fair to say that there's not a semi-conscious fraternity advisor in the country who isn't aware that there are underage Greeks drinking? Does this mean that all Greek Advisors are going to be held criminally responsible for alcohol tragedies?
RB
The issue is first, what is knowledge, and second, what do you do with it? When I was still working on a campus, I operated with the clear belief that things were going on. But assuming they are happening and having factual knowledge are two different things. So, given the fact that we "assumed" things were probably taking place, we provided education. We brought in the speakers, discussed the issues at the meetings of the governing councils, addressed the topics with advisors and chapter leaders, and could literally document the times we would provide the "fair warning" to our students and alumni. Furthermore, we had internal policies in place and we were willing to enforce them through the university model of "educational discipline."
TJS
So, having reason to suspect illegal activity probably isn’t the issue. It’s what you’re doing about it?
RB
It seems fair to believe that a lucid school administrator should be aware that things are probably taking place, including underage drinking. In the same way that the alcohol beverage control of every state is aware that minors use fake identification. So, given the knowledge what do we do? Educate and enforce policy where possible. Not sure what more could be expected.
TJS
Well, I guess this prosecutor and others might say that campuses should be doing more. Time will tell.
RB
Given the litigious environment within which we live, and a culture in which folks are taught that nothing is their fault, getting sued (and now perhaps indicted) is a real possibility. The greater question is what sort of defense will you be able to show. Let's hope the folks at Rider will be able to show that they did all they could, with the information they had, through the educational environment of the institution and will be able to remove themselves from these charges.
TJS
I think the Rider indictments will be dropped.
RB
Probably, but I bet it’s not a lot of fun in Lawrenceville in the meantime.
TJS
So then, do we just accept the fact that being a Greek Advisor might mean a visit from the local police, being “taken down to the station,” and fingerprinted? I worry that this ambitious prosecutor is going to open up a floodgate of similar actions in other locations, particularly where public patience with a “party school image” is wearing thin.
RB
That's my main worry as well, and higher ed folks will need to keep abreast of where this heads. Honestly, I think it is going to re-energize the discussion of in loco parentis (where the university acts in lieu of a parent). The justice system, in this case at least, is telling higher education that they must be more involved in the day-to-day of their students. It will greatly affect the relationship between higher education and organizations that have any sort of a membership education program and/or organizations that have a reputation for alcohol consumption.
TJS
Great. Back to the days of the dean and the Greek Advisor policing parties up and down Greek Row every weekend?
RB
It goes way beyond the Greek Advisor – all the way to the president of the university. It means we need to move beyond any attitude of "boys will be boys" or "that's what the Greeks do" and move into a proactive model of holding students and their related organizations accountable to the policies of the host institutions and the local law. We also need to elevate the Greek Advisor role beyond an entry-level position, to a position of experience and involvement within the student life profession.
TJS
But the Greek Advisor at Rider isn't a novice. She's pretty seasoned.
RB
Unless they were actually present and/or had factual knowledge of the activities, I think this prosecutor is trying to make a point with the public. As you said in your blog, these issues are not new to Rider. One thing for sure, the prosecutor got his point across. He made higher education stop and listen. That may have been his intent all along. My instinct is that the court will drop the cases against the two administrators, but the point has been made. Unfortunately, the damage will have been done to two fine individuals along the way.
TJS
I just don’t know if in loco parentis is realistic though in this day and age, Rick. The students are more willing to watch their communities suffer than to accept a ton of new policies and enforcement. I’ve seen a clamp-down up the road at one of our state schools in the last couple of years since a student died there. As a result, their administration cracked down and their Greek community is significantly weaker. They have empty, boarded up Greek houses, and the risk management violations are still coming in.
RB
But with lawsuits, and now the fear of criminal prosecution, the legal system may not allow the luxury of giving educators the time to educate. They want change immediately, whether the students like it or not. Nevermind the fact that parents are taking a new position. Their attitude seems to be along the lines of, “I’m paying you big bucks for this education, so take care of my son or daughter.” Of course, part of my response to the parent is that we need you to be a part of the solution.
TJS
Let’s say you’re right and schools move toward a more rigid “in loco parentis” mode in the next five years. Can you think of some ways this will manifest itself? What will be changing in the next five years, specifically?
RB
Schools will take one of two approaches with organizations like fraternities and sororities. They will either take a further arms distance approach or a tighter control, with more oversight of activities, registration of socials, etc. The intent will be an attempt to lower the liability to the host institution. Ironically, however, I do believe the eventual public outcry will include a belief that the hands off approach does not work.
TJS
But so many schools have been trying that approach for years. There have to be Greek Advisors who feel like full time police officers. We should start issuing badges at AFA.
RB
It’s definitely the most frustrating part of the job for lots of people. And, it’s probably going to be worse in light of this Rider situation.
TJS
It seems to me that the "you should have known" accusation is the trend. One big national fraternity got nailed for being linked to a website that had student chapter party pictures on it. The Greek Advisor at Rider also went there as an undergrad. At the risk of speculating, that might be playing into this also. “You went here as an undergraduate Greek, so therefore you have first-hand knowledge of some of the Greek community’s illegal activities…”
RB
That's certainly one of the concerns in a situation like this. While the District Attorney will be going after those he has prosecuted in the Rider case, there is definite concern that the entire profession could be implicated. The concept of what "you should have known" may be totally redefined by this case. And that will lead to much of what we have already discussed with a possible return to in loco parentis, etc.
TJS
What should a campus professional expect to happen this year in light of the Rider case? More paranoia on the boss' part? More meetings about risk? More demands to crack down?
RB
They will want to make sure they are doing the best they can to avoid a situation like the one at Rider. I think many should step up their risk management and liability educational programming. Judicial officers and judicial bodies will be more stringent in their enforcement of policy and will respond more strongly to violations. The title of my risk management program for advisors has been “Are We Really Still Talking About Risk Management?” – and the answer is a clear “yes.”
TJS
I think it’s going to be a stressful year for a lot of Greek Advisors, especially those with extremely reactive supervisors.
RB
While I'm not sure paranoia will sit in, I do think most front-line employees – particularly Greek advisors – will stop and ask themselves about their role in this profession. I would hope it wouldn't be a situation where many will choose to leave the profession, but I do think it is fair advice to encourage them to spend time with their supervisors (up to the VP level) discussing the expectations their supervisors have for them in these situations and to make sure those expectations are clearly understood (even written) so they can ensure support from the institution in the case of this sort of scrutiny on their campus.
TJS
How can a professional feel confident that he or she will get full university support? Is that something you get in writing, or what?
RB
I think it is part of the conversation one has at the time of an interview, and it needs to be an ongoing conversation. It is something I would request in writing. And, given the Rider example, I wouldn't stop with a direct supervisor (at Rider, that person was charged as well), but would confirm it at least to the VP level. I think a person should expect to hear something along the lines of, "As long as the work you are doing falls within your position description, and within the written expectations for our employees, we will support you fully." One of the pieces of advice I have always given to advisors is to make sure these expectations are all put in writing. Assumptions can be costly.
Rick Barnes is a past president of the Association of Fraternity Advisors, a board member of the North American Interfraternity Conference, a past board member of FarmHouse Fraternity, and a full time speaker with CAMPUSPEAK. Click HERE or HERE for more information on Rick's campus program on risk management topics.
