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Heideman Versus Pi Kappa Phi Fraternity for $500,000.00, with Funds Provided by a Review Its Policy and Determine Whether It by Mark E

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Heideman Versus Pi Kappa Phi Fraternity for $500,000.00, with Funds Provided by a Review Its Policy and Determine Whether It by Mark E ACACIA UWA UGC UEM UIS U57 OM )O )I) )KFH 5UO 5)C M5Q M5I M52 A5M A7M QK 2= -Q -BI ACACIA UWA UGC UEM UIS U57 OM )O )I) )K FH 5UO 5)C M5Q M5I M52 A5M A7M QK 2= -Q B-I ACACIA UWA UGC UEM UIS U57 OM )O )I) )KFRMT FH 5UO 5)C M5Q M5I M52News A5M A7M QK 2= -Q B-I ACACIA UWA UGC UEM UIS U57 )O OM )I) )K FH 5UO 5)C M5Q M5I M52 A5M A7M The FRMT Risk Management Newsletter, Prepared by Hobbs Group/Kirklin & Co., LLC. Volume 11 Spring 2003 Anatomy of a Lawsuit - Heideman versus Pi Kappa Phi Fraternity for $500,000.00, with funds provided by a review its policy and determine whether it by Mark E. Timmes combination of homeowners and national is appropriate to train chapter members how Chief Executive Officer liability insurance coverage. to recognize and care for a drunken Pi Kappa Phi Fraternity member. n October 7, 2000 Adrian In November 2002 the lawsuit against the Heideman, an 18 year-old fresh- National Fraternity and local chapter was 4. The Heideman family maintained that O man and associate member at Pi settled, with the amount confidential. the fraternity should have been “dry” Kappa Phi’s Cal State-Chico chapter, died at all times and banned alcohol both from complications of alcohol poisoning Adrian’s death also led to the closure of in the chapter house premise and at as a result of suffocating on his own vomit. the student chapter by the National any chapter event because a super His blood alcohol content at the time of his Fraternity and the Chico State majority of the members of the chapter death was .38. administration “permanently banned” Pi are under the age of 21. Kappa Phi from its campus. In addition, Earlier in the evening, Adrian had wholesale changes in the alcohol policies Lesson learned: If alcohol is allowed in participated in a Big Brother – Little of the Cal State University system have the chapter house or at a chapter event, the Brother subordinate ritual and toasted his been implemented. law and the fraternity’s risk management new family with their traditional drink of policy must be followed. blackberry brandy. Afterwards, Adrian Consequences and Lessons Learned: continued to drink at a brotherhood 1. The student officers were named as 5. The Heideman family maintained that event attended only by the brothers individual defendants in the lawsuit. the fraternity failed to appropriately and associate members, except In fact, the chapter president was only monitor its chapters in order to prevent for two strippers who at the Big Brother – Little Brother the type of conduct that was taking provided entertainment. subordinate ritual for ten minutes and place. Specifically, they referenced the Adrian became intoxicated, then left to go to his evening job. lack of local advisors and the fact that felt tired and sick, and was taken Despite this, he was criminally and staff visits were announced. downstairs to a bedroom in the basement civilly charged. of the chapter house to go to sleep. Lesson learned: Each fraternity needs to Although the members claimed they Lesson learned: As a chapter officer, you review its own policy regarding compliance checked on Adrian periodically, he was may be held responsible for an event, monitoring and the role of its staff and local found unconscious and was unable to be whether you attend or not. advisors in determining whether the revived after paramedics had been fraternity’s risk management policies are summoned. 2. Because students were named as being violated. individual defendants in the lawsuit, As a result of Adrian’s death, criminal coverage under their parents’ 6. The family’s counsel reviewed charges were filed against the chapter homeowners insurance was triggered. chapter web-sites around the country president, the student officer who and found troubling photographs of organized the Big Brother – Little Brother Lesson learned: All sources of insurance, alcohol consumption to support its ritual and the brother who purchased the including your parent’s homeowners position that the fraternity’s alcohol alcohol that was consumed by Adrian. insurance, may be available to satisfy a policy was a sham and was on notice They pled guilty and were sentenced to claim. about the amount of drinking thirty days in jail under a study release taking place in its chapters. program. 3. The Heideman family charged that the chapter failed to properly take care Lesson learned: Each fraternity needs to A civil lawsuit was filed against the of Adrian when he was intoxicated and review its own policy regarding chapter National Fraternity, local chapter, seven asserted that if he had been web-site content and monitor chapter web- executive officers of the student chapter and immediately taken to the hospital he sites on a regular basis for inappropriate the alcohol purchaser. would have survived. content or evidence of inappropriate activity. The case against the students was settled Lesson learned: Each fraternity should “Anatomy of a Lawsuit” con’t. on pg. 4 PAGE 1 Change – Are You Up To The Challenge? by Lori Hart Ebert, Ph.D. motivation to change. This is often the educate your chapter by yourself. Bring in Pi Kappa Phi Fraternity and CAMPUSPEAK, Inc. most difficult part of the change process. outside resources. Invite the IFC President or Greek Advisor to the house to discuss the I have had the opportunity to speak with 3. People are the hub of all organizational new policy. Utilize your Chapter Advisor, thousands of sorority and fraternity mem- changes. Any change, whether in terms Leadership Consultant, or Faculty Advisor. bers across the country. The one thing that of structure, group process, reward sys- binds you together is the fact that you and tems, or job design, requires individuals Change is a continuous learning process, it your members want to change. By change, to change. does not happen overnight. During this I mean you are all seeking improvement, stage you need to educate in a variety of you want to be better than you are, and you 4. Resistance to change is found even methods, while utilizing all of your re- are striving for success. when the goals of change are highly de- sources. sirable. Success Stage 3: Refreezing John Wooden, the famous UCLA basket- 5. Effective change requires reinforcing This is the stage where you integrate the ball coach who won 10 NCAA champion- new behaviors, attitudes, and organiza- new behavior and attitudes as the normal ships, created his own personal definition tional practices. way of doing things. Once you do this, for success in 1934 as the following: “Suc- you “refreeze” and continue to provide cess is peace of mind that is the direct re- Stage 1: Unfreeze positive reinforcement to reinforce the de- sult of self-satisfaction in knowing you did Your first step is to “unfreeze” current be- sired change. It is critical that the leaders your best to become the best that you are haviors and create a motivation for change. model appropriate behavior and adhere to capable of becoming.” During this process, members must replace the new Risk Management Policy during old behaviors and attitudes with those out- the refreezing stage. To be successful, you must be a leader in lined in the new Risk Management Policy. helping your organization The leaders in your fraternity are critical Maybe your chapter’s challenge is not a change. Change is not in this stage and your job is to remain posi- new Risk Management Policy. Whatever easy and it doesn’t happen tive, become knowledgeable of the new the challenges are in your just because you hope policy, and lead by example. chapter, change is critical in things will improve. It is a getting the results you de- process and as a leader in A critical step in this stage is sire. Utilize the process dis- your organization, you can “benchmarking.” Benchmarking involves cussed in this article to as- help guide your members comparing your performance and behav- sist you in creating change through the change process. iors to other chapters. Find a strong per- and being successful. forming chapter within your Greek system Scenario or within your national fraternity who has As John Wooden says, been successful in following the rules and “You have success within. It is up to you Your IFC has voted on a new Risk Manage- let them serve as your benchmark. Strive to bring it out.” Are you up to the chal- ment Policy for all fraternities. You are re- to be like a successful chapter and your lenge? sponsible for going back to your chapter and chapter will improve. making the changes instituted in the new Reference policy. How do you tackle this task? Stage 2: Changing During this stage, you must educate mem- Perlee C. (2001). Organizational Leader- ship and Change Management. USA: If you are like an average member, you will bers on the new Risk Management Policy. make an announcement at chapter meeting You aren’t expected to create change and McGraw-Hill Companies and hope for the best. However, if you want to be successful, you will need to approach BE YOUR INTERFRATERNAL this challenge differently. BROTHERS’ KEEPER Lewin’s Change Model The 22 member fraternities of the FRMT, Ltd. program are in business together. Loss Kurt Lewin developed a three-stage model experience of any one member fraternity will affect the future insurance costs of all 22 of planned change: unfreezing, changing, member fraternities. If a member of any FRMT, Ltd.
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